4 Colo. Code Regs. § 801-1, ch. 4
Authority for the rules promulgated in Chapter 4, Employment and Status, is found in State of Colorado Constitution Article XII, Sections 13, 14 and 15, and § § 24-50-109.5, 24-50-112.5, 24-50-114, 24-50-132, 24-50-136 and 24-50-137, C.R.S. Board rules are identified by cites beginning with "Board Rule". Definitions for many of the terms utilized in this chapter may be found in Chapter 1, Organization, Responsibilities, Ethics, Payroll Deduction, and Definitions. Board rules are identified by cites beginning with "Board Rule".
General Principles
Board Rule 4-1. State residents and otherwise qualified applicants shall have an equal opportunity for entry into the state personnel system through fair and open competition. Selection and appointment to positions within the state personnel system shall be made according to merit and fitness, based upon the quality of performance and job-related ability as ascertained by the comparative analysis process. The selection process utilized to fill any vacancy shall uphold the protections of Colorado's constitutional merit based personnel system. (3/30/13)
Board Rule 4-2. All applicants shall meet minimum and special qualifications for the vacancy in order to be included in the comparative analysis process, referred for an interview or appointed to a position. Any required job qualifications shall be consistent with those minimum qualifications established by the State Personnel Director for classified positions within the state personnel system. (3/30/13)
4-3. Appointing authorities shall consult with the human resource personnel for their department throughout the selection process and comply with any agreement regarding delegation of selection functions entered into between the department and the Director. Nothing in these rules shall negate the proper delegation of authority of human resource functions from the Director to state agencies' human resources personnel nor constrain the Director's statutory authority to provide consulting services, as well as policy and operation leadership, in the area of professional management of state government's human resources. (3/30/13)
Board Rule 4-4. Persons with disabilities, in accordance with federal and state law, may request reasonable accommodation throughout the selection process. (3/30/13)
Appeals
BOARD RULE 4-5. All job postings shall notify applicants of their appeal rights. Such notice shall include the time frame to file an appeal, the email address and the street address for filing the appeal, and the availability of any template appeal form.
BOARD RULE 4-6. Applicants directly affected by the selection and comparative analysis process may petition the Board for review when it appears that the decision of the appointing authority violates an employee's rights under the Colorado Anti-Discrimination Act ("CADA"), the State Employee Protection Act (commonly known as the Whistleblower Act), or as otherwise provided by law. Any petitions to the Board relating to selection decisions shall be filed in accordance with Chapter 8, Resolution of Appeals and Disputes.
Board Rule 4-7. Any person currently or previously employed by the state of Colorado, not within the state personnel system, shall successfully complete the selection process before being placed in a position in the state personnel system. Treatment of such person is subject to the provisions of § 24-50-136, C.R.S. This includes political subdivisions of the state with similar merit systems that have a formal arrangement with the Board. (3/30/13)
4-8. Only applicants directly affected by the selection and comparative analysis process may file a written appeal with the Director in accordance with Chapter 8, Dispute Resolution. (01/01/2021)
4-9. An applicant who has been removed from an employment list or removed from consideration during the selection process may request a review by the Director as outlined in Chapter 8, Dispute Resolution. (01/01/2021)
Notifications
4-10. At any point in the selection process, but no later than ten (10) days after an accepted job offer, all applicants removed from consideration shall be notified of their elimination from consideration. These notifications shall include appeal rights. (01/01/2021)
Determining How to Fill a Vacancy / Eligible List
4-11. The appointing authority has the following choices in assessing candidates:
4-12. If filling a vacancy from an employment list, employment lists shall be used in the following order of priority: departmental reemployment, promotional, then open-competitive. (3/30/13)
4-13. No eligible list shall be established if:
4-14. The duration of an open competitive or promotional eligible list shall be a minimum of thirty (30) days, and that eligible list may be extended by the appointing authority for up to twelve (12) months, unless further extended as follows:
4-15. Cancellation or expiration of a list does not affect the legal rights of employees on military leave. (3/30/13)
Board Rule 4-16. An employee or an appointing authority may initiate a transfer. When the appointing authority(s) initiates the transfer, for reasonable business necessity, within the same department and the employee refuses it, the employee is deemed to have resigned. If the transfer is beyond a twenty-five (25) mile radius of the employee's current work location, is longer than six (6) months, and was not a condition of employment, the employee's name is placed on the reemployment list. (3/30/13)
4-17. A person may be reinstated to a related class with the same or lower pay range maximum than the previously certified class. (3/30/13)
4-18. Provisional appointments may be made only if the position cannot be filled conditionally. (3/30/13)
Reemployment Lists
4-19. Employees on a departmental reemployment list may limit their availability to specific locations and work schedules. Departmental reemployment lists last for one year. (3/30/13)
Residency Requirements
Board Rule 4-20. A department may request that the Director grant a residency waiver when the department can show there is an insufficient instate applicant pool. If the Director denies a waiver, the department may submit the request to the Board within ten (10) days. In its review of the request, the Board may grant the residency waiver if the department can show there is an insufficient instate applicant pool, including, but not limited to, consideration of the following factors:
Job Announcement Requirements
4-21. Job announcements shall be posted in such a manner as to give potential applicants notice of a vacancy, a reasonable opportunity to apply for the vacancy, notice of the required application documentation, notice of appeal rights, and a description of the position. In addition, all job announcements shall:
Minimum & Special Qualifications
4-22. Required experience, education, licensure and/or certification may not be changed unless either validated by a competent job analysis or approved in writing by the Director. (3/30/13)
Comparative Analysis / Eligible List
4-23. The assessment process is considered to be competitive if a reasonable opportunity was provided to potentially qualified persons to apply and compete against the same job-related standards. Any comparative analysis shall be a professionally accepted standard that compares specific job-related knowledge, skills, abilities, behaviors and other competencies. Comparative analysis shall meet professionally accepted standards for assessments of qualifications, competencies and job fit. (3/30/13)
4-24. Comparative analysis shall consist of professionally accepted assessments of job-related qualifications, competencies, knowledge, skills, abilities, and job fit, including but not limited to structured interviews, application/resume review, oral examinations, written objective tests, written narrative tests, performance tests, training and/or experience evaluations, and physical capacity tests. Assessment tools and/or examinations shall be developed, administered, and scored in compliance with professional guidelines and state and federal law. If multiple components are used to assess qualifications, the applicant may be required to pass one step before proceeding to the next. All examination materials and scores are confidential except as provided by the Colorado Open Records Act. (3/30/13)
4-25. An eligible list shall be considered established at the time when any and all applicable comparative analysis is completed. (3/30/13)
Testing & Examinations
4-26. All examinations and assessments are subject to review and approval by the Director. (3/30/13) 4-27.
4-27. If the department initiates an examination, then:
4-28. Examinations do not have to be scored if:
Background Checks
4-29. Background investigations and physical or psychological examinations are allowed when validated by a competent job analysis or state or federal guidelines. (3/30/13)
Referral and Interview/ Eligible List
4-30. If the selection process results in fewer than six (6) applicants on an eligible list, the list may be supplemented by additional applicants obtained through further posting and comparative analysis for the vacancy, as follows:
Board Rule 4-31. Addition of candidates leading to an adjustment of placement on an eligible list due to open continuous recruitment shall not affect prior appointments or referrals from which an appointment has not been made. (1/1/14)
4-32. If a departmental reemployment list exists, all those qualified are notified and referred in alphabetical order and no other employment lists are used. (3/30/13)
4-33. In the event of a tie as the result of a numeric comparative analysis, the referral list shall be composed of only the six (6) highest-ranking individuals, plus any individuals tying with those individuals. If a comparative analysis is not conducted because there are six (6) or fewer qualified applicants, the referral list shall be comprised of those applicants. (1/1/14)
Board Rule 4-34. In the case of filling multiple vacancies within the same class from the same eligible list, no more than the top six (6) candidates may be considered for each position as it is filled. If an appointing authority decides to fill multiple vacancies simultaneously, then the appointing authority may consider six (6) plus one (1) additional candidate for every additional position. (1/1/14)
4-35. Upon receipt of a request to fill a vacancy by an open-competitive or promotional method of appointment, a referral will be made from the appropriate eligible lists to the appointing authority. All those referred shall be notified of any contact information for the interview. (3/30/13)
4-36. If a non-numerical or combination of numerical and non-numerical comparative analysis is used, the referral list should be comprised of the top six (6) individuals plus any eligible veterans. If a numerical comparative analysis is used, the referral list shall only be composed of the six (6) highest ranking individuals. (3/30/13)
4-37. Appointing authorities or their designees shall consider or make a reasonable attempt to interview all applicants on the referral list in compliance with state and federal law. (3/30/13)
4-38. Any additional evaluation or assessment conducted after the referral shall be related to the job and administered to all applicants participating in the job interview process. (3/30/13)
Removal from Employment Lists / Removal from Consideration
4-39. Persons may be removed from employment lists for consideration by an appointing authority or agency HR office for these specific reasons:
Employment Status
Board Rule 4-40. Probationary service applies to appointments to permanent positions of:
Board Rule 4-41. The probationary service period shall not exceed 12 working months except as provided in Chapter 5, Time Off, or when there is a selection appeal pending. If the probationary employee separates from employment for any period of time, a new service date is required based on the date of rehire. (3/30/13)
Board Rule 4-42. Trial Service applies to appointments to permanent positions as follows:
Board Rule 4-43. The trial service period shall not exceed six working months, except as provided in Chapter 5, Time Off, or when there is a selection appeal pending. An employee who fails to perform satisfactorily during trial service shall revert to an existing vacancy in the previously certified class in the current department with no right to a hearing or, if there is no existing vacancy in the previously certified class in the current department, shall be accorded any retention rights to which the employee may be entitled under § 24-50-124, C.R.S. and/or Board Rule. The appointing authority has discretion to administer corrective or disciplinary action instead of reversion. (3/30/13)
Board Rule 4-44. The following applicants or employees retain their certified status when appointed to a new class or position:
Board Rule 4-45. Early certification is not allowed if a selection appeal is pending. (3/30/13)
Board Rule 4-46. When accepting a state position outside the state personnel system at the request of an elected or appointed state official, a certified employee is subject to the provisions of § 24-50-137, C.R.S. (3/30/13)
4-47. A temporary appointment refers to a qualified person who is appointed to a position or positions for a period not to exceed nine (9) months in any twelve (12) month period. The nine (9) month limitation shall be inclusive of all temporary appointments and departments. Temporary appointments include appointments to temporary positions, conditional, provisional and substitute appointments. (3/30/13)
4-48. All temporary positions shall be in the Temporary Aide class. Temporary employees are employed at will and do not have the rights and benefits provided to permanent employees, except those mandated by law and pay range minimum. Effective December 31, 1998, no credit is provided for a temporary position when an employee accepts a permanent position in the same class without a break in service.
Board Rule 4-49. A person in conditional status does not have a break in service as a result of having a conditional appointment. If the employee is subsequently appointed, to the position to which they were conditionally appointed, from a list, the trial service period begins on the date of the conditional appointment. If not subsequently appointed to the position, the employee reverts to an existing vacancy in the certified class in the current department. If no vacancy exists, layoff provisions apply. (3/30/13)
Board Rule 4-50. If a person with provisional status is subsequently appointed, to the position to which they were provisionally appointed, from a list, the probationary period begins on the date of the appointment from the referral list. Provisional employees do not have the rights and benefits provided to classified employees within the state personnel system, except those mandated by law and pay range minimum. (3/30/13)
Board Rule 4-51. A substitute appointment may only be made to perform the duties of a filled position during a leave or for training purposes. This appointment shall not exceed nine months in a twelve (12) month period unless transfer, demotion, or examination fills it. Layoff provisions do not apply and a certified employee is returned to a position in the former class. (3/30/13)
4 CCR 801-1, ch. 4