Statutes, codes, and regulations
Colorado Administrative Code
Department 800 - Department of Personnel and AdminstrationDivision 801 - State Personnel Board and State Personnel DirectorRule 4 CCR 801-1 - STATE PERSONNEL BOARD RULES AND PERSONNEL DIRECTOR'S ADMINISTRATIVE PROCEDURESChapter 8 - Resolution of Appeals and Disputes
Part A - Board Rules for Appeals
Section 4 CCR 801-1-8-A-V - Petitions for Declaratory Orders

4 Colo. Code Regs. § 801-1-8-A-V

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Current through Register Vol. 47, No. 11, June 10, 2024
Section 4 CCR 801-1-8-A-V - Petitions for Declaratory Orders

Board Rule 8-28. Any person may petition the Board to issue a Declaratory Order regarding the applicability of a statute, or Board Rule, or other legal authority. However, parties to appeals pending before the Board shall not file Petitions for Declaratory Orders on issues raised in those appeals.

Board Rule 8-29. Form of a Petition for a Declaratory Order.

A. Petitions for Declaratory Orders shall conform to the filing requirements in Chapter 8, Resolution of Appeals and Disputes, Part A, Section I.
B. Petitions for Declaratory Orders shall specify:
1. The statute or Board Rule or other legal authority that the petitioner requests the Board to entertain.
2. A description of the controversy or uncertainty giving rise to the petition.
3. Whether a Declaratory Order will remove the controversy or uncertainty.
4. Whether the petitioner has another avenue for resolving the controversy or uncertainty; and
5. Whether there is another proceeding pending before the Board, the CCRD, a court, or another department involving the controversy or uncertainty.

Board Rule 8-30. Review of a Petition for a Declaratory Order.

A. Upon receipt of a Petition for a Declaratory Order, an Administrative Law Judge may:
1. Order briefing on the issues presented in the Petition for a Declaratory Order; and/or
2. Hear oral arguments on the issues presented in the Petition for a Declaratory Order.
B. At its sole discretion, an Administrative Law Judge will either issue a Declaratory Order or notify the petitioner that a Declaratory Order is not being issued.

Board Rule 8-31. A Declaratory Order may be reviewed by the Board pursuant to Chapter 8, Resolution of Appeals and Disputes, Part A, Section VIII. Following Board review, a Declaratory Order is subject to judicial review.

4 CCR 801-1-8-A-V

37 CR 22, November 25, 2014, effective 1/1/2015
37 CR 24, December 25, 2014, effective 1/14/2015
40 CR 02, January 25, 2017, effective 2/14/2017
40 CR 23, December 10, 2017, effective 1/1/2018
40 CR 24, December 25, 2017, effective 1/14/2018
42 CR 19, October 10, 2019, effective 11/1/2019
43 CR 05, March 10, 2020, effective 4/1/2020
43 CR 13, July 10, 2020, effective 8/1/2020
43 CR 24, December 25, 2020, effective 2/1/2021
44 CR 05, March 10, 2021, effective 4/1/2021
44 CR 07, April 10, 2021, effective 5/1/2021
44 CR 10, May 25, 2021, effective 7/1/2021
44 CR 12, June 25, 2021, effective 9/1/2021
45 CR 11, June 10, 2022, effective 7/1/2022
45 CR 14, July 25, 2022, effective 9/1/2022
46 CR 08, April 25, 2023, effective 7/1/2023