How is an Appeal Filed?
All appeals must be filed using the Consolidated Appeal & Dispute Form available on the Forms & Filing page.
Colorado law applies strict deadlines to the filing of Board appeals. All appeals must be filed with the State Personnel Board within 10 days from the date of the action being appealed. The filing date of the appeal is the date it was postmarked, emailed, hand-delivered, or received by fax at the Board's office.
All appeal forms and subsequent filings may be filed with the Board by hand delivery, United States Postal Service, commercial delivery service, facsimile, or via email.
A copy of the appeal and all subsequent filings MUST be furnished at the same time to the state agency/employer or the agency's legal representative.
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The Board accepts filings by email as follows:
Email filings should be sent to dpa_state.personnelboard@state.co.us
Subject lines for email filings should include: (a) case name; (b) case number (if a new appeal, write "New Appeal"); and (c) the phrase “Electronic Filing.” Example: “Doe v. Department (New Appeal) (Electronic Filing).”
The appeal, motion, or other filing must be attached to the email as a PDF document. The Administrative Law Judge will only consider the contents of the attached filing. The Administrative Law Judge will not consider information contained in the text of the email. The email is not a filing; rather the email is a method for parties to file something with the Board.
As with any filing, you must serve the other side with a copy of the appeal, motion, or other filing.
As with any filing, the attached filing shall be signed. This can be done by signing the document and scanning the document with the signature. This can also be done by writing or typing “/s/" followed by the filer's name on the signature block, so long as the person filing the document signs a paper form of the document and makes that form available for situations where a judge might seek verification of the signature.
Upon its receipt of a filing via email, the Board will send the filing party an email stating “Received.” That email will be the proof of filing the appeal, motion, or other filing.
Filing deadlines are enforced and filing dates will be confirmed based on the date and time of the submission. In the event a filing by email is received outside of the Board’s normal business hours (8 a.m. to 5:00 p.m., Monday through Friday), it will be considered to have been filed on the next business day.
IMPORTANT: The email itself is not the filing. Rather, the email is a method for parties to file something with the Board such as an appeal, motion, Prehearing Statement, etc.
If you have any questions, please call Andrea Woods at 303-866-5002.
Typical process?
Evidentiary hearings will be set depending on courtroom availability, the availability of the administrative law judge (ALJ) or the parties, investigations at the Colorado Civil Rights Division, complex discovery issues, jurisdictional motions, completion of the preliminary review process, and other factors. View a flow chart of the typical hearing process. After an evidentiary hearing, the ALJ will issue an initial decision 45 days after the close of the record. The parties may request the State Personnel Board to review an ALJ's initial decision.
Appeals alleging discrimination may be referred to the Colorado Civil Rights Division (CCRD) for investigation of discrimination prior to any further action on the part of the Board. The CCRD investigation may take up to 270 days to complete. View a flow chart of the process for discrimination claims.
Whistleblower claims will be referred to the state agency that was the source of the complaint for its initial investigation and response before scheduling the matter for a hearing. View a flow chart of the process for whistleblower claims.
Unless a person has a mandatory right to a hearing, they proceed through discretionary review. View a flow chart of the discretionary review process.
If parties participate in the Board's settlement program and the matter is settled prior to a hearing, the timeline can be reduced significantly. The Settlement Program page provides information on the settlement process.