Board Rule 8-40. The Colorado Rules of Civil Procedure and Evidence. To the extent practicable, the Colorado Rules of Civil Procedure ("C.R.C.P.") and the Colorado Rules of Evidence ("C.R.E.") apply to the proceedings at the Board.
A. In the event the C.R.C.P. or the C.R.E. are inconsistent with this Chapter 8, Resolution of Appeals and Disputes, the Board Rules control.B. Unless the context requires otherwise, whenever the terms "court," "judge," or "jury" appear in the C.R.C.P. or the C.R.E., the terms are construed to mean the Board or an Administrative Law Judge.C. An Administrative Law Judge has the discretion to admit evidence not admissible under C.R.E., as permitted by law.Board Rule 8-41. Representation.
A. During the Step Two grievance process, an employee may have a representative that may or may not be an attorney. During all other proceedings under this Chapter 8, Resolution of Appeals and Disputes, Part A, an individual may only appear on their own behalf, or by an attorney authorized to engage in the practice of law in Colorado.B. An attorney representing a party shall file an entry of appearance or sign a pleading. The entry of appearance shall contain the attorney's name, mailing address, email address, telephone number, attorney registration number, and the identity of the party for whom the appearance is made.C. In the event a party is not represented, counsel for the represented party is responsible for coordinating with the unrepresented party for the purpose of scheduling conferences, obtaining hearing dates, and preparing any joint filings or stipulations.D. Attorneys may provide limited representation to Complainants so long as the representation complies with the Colorado Rules of Professional Conduct and the Colorado Rules of Civil Procedure.Board Rule 8-42. Current Information. Anyone who files an appeal or who enters an appearance shall keep the Board informed of their current email address, mailing address and telephone number. Failure to provide the Board with current information may result in dismissal.
Board Rule 8-43. Hearing to Determine Jurisdiction. If the Board's jurisdiction is in doubt, the
Administrative Law Judge may set a hearing limited to determining whether the Board has jurisdiction.
Board Rule 8-44. Consolidation of Appeals.
A. If an applicant or employee files more than one appeal with the Board, the Board may consolidate the appeals into a single proceeding.B. Parties may file a motion requesting consolidation of appeals. The Board may also consolidate appeals on its own motion.C. An Administrative Law Judge will not consolidate appeals unless:1. The appeals relate to the same or closely related facts;2. Consolidation will likely result in greater efficiencies for the parties and for the Board;3. Consolidation will not significantly delay the Board's resolution of the earlier filed appeal; and4. Consolidation will not unduly prejudice any party.Board Rule 8-45. Informal Requests for Information. Parties may informally request information from the opposing party. Informal requests are not subject to oversight by the Board or by an Administrative Law Judge. Informal requests may be made at any time.
Board Rule 8-46. Privilege Log. If a party asserts a privilege relative to any document or materials, that party shall provide the opposing party a privilege log describing the title, author, date, and subject matter of the document or material, along with the legal basis for asserting the privilege.
Board Rule 8-47. Motions.
A.Motions. Motions are a formal request to the Board to enter an order.B.Deadline for Responding to a Motion. Unless ordered otherwise by an Administrative Law Judge, the responding party has ten (10) days after receipt of a motion to file a response.C.Replies. Unless ordered otherwise by an Administrative Law Judge, the moving party may not file a reply in further support of a motion.D.Length of Motions and Responses. Unless ordered otherwise by an Administrative Law Judge, motions and responses are limited to ten (10) pages. This page limit does not include the case caption, signature block, certificate of service and any exhibits.E.Duty to Confer, Certification of Conferral, and Summary of the Conferral. 1. Prior to filing a motion, the party filing the motion shall confer in good faith with the opposing party about the motion.2. The first paragraph of a motion shall contain a certification that the party filing the motion has conferred in good faith with the opposing party about the motion.3. The first paragraph of the motion shall state if the motion is opposed or unopposed.4. If no conferral has occurred, the first paragraph of the motion shall state the reasons for not conferring and describe all efforts to confer.5. If the parties agree to a motion's request, the caption on the motion shall include the word "Unopposed."6. A good faith conferral requires the parties to initiate efforts to confer long enough before the anticipated filing to engage in a meaningful communication.F.Legal Authority. Motions shall include the legal arguments and authorities that support the motion.G.No Oral Argument. Unless ordered otherwise by an Administrative Law Judge, motions will be determined based upon the information in the written motion and response.H.Time-Sensitive Motions. A party filing a time-sensitive motion may request an expedited ruling. The Administrative Law Judge exercises sole discretion of whether to issue an expedited ruling.I.Stipulations for Extensions of Time. Stipulations between the parties for extensions of time are not controlling unless there is an order granting the extension of time.J.Failure to Respond to a Motion. The Administrative Law Judge may grant a party's motion if the opposing party does not timely respond to the motion.K.Motions for Reconsideration. The parties are discouraged from filing motions for reconsideration. If the Administrative Law Judge does not rule on a motion to reconsider within twenty-one (21) days from the filing of the motion, it is deniedBoard Rule 8-48. Modifications.
A. For good cause shown, the Board may modify or waive the requirements of this Chapter 8, Resolution of Appeals and Disputes, Part A.B. If seeking a modification, parties shall comply with the requirements for filing motions set forth in Chapter 8, Resolution of Appeals and Disputes, Part A.C. Any motion to extend a deadline shall be filed prior to the deadline.Board Rule 8-49. Public Nature of Proceedings. All proceedings before the Board are open to the public except that an Administrative Law Judge may conduct a hearing in private if good cause is established.
Board Rule 8-50. Security. For good cause, a party may file a motion requesting security during any hearings or Board meetings. If the motion is granted, the party requesting security may be charged the reasonable costs for providing such security.
Board Rule 8-51. Sanctions.
A. Failure to comply with the provisions in this Chapter 8, Resolution of Appeals and Disputes, Part A, may result in sanctions as determined at the discretion of an Administrative Law Judge. 1. Failure, without good cause, of a party to appear at a hearing may result in judgment for the opposing party.2. During the Preliminary Review process, (a) if a Complainant fails to file a complete and timely Information Sheet, the matter may be dismissed; and (b) if a Respondent fails to file a complete and timely Information Sheet, the Board will decide whether to grant a hearing based solely upon the information provided by the Complainant.B. Upon final resolution of a proceeding under this Chapter 8, Resolution of Appeals and Disputes, Part A, attorney fees and costs may be assessed against a party if the Board finds that the personnel action from which the proceeding arose, or the appeal of such action was frivolous, in bad faith, malicious, a means of harassment, or was otherwise groundless.1. Frivolous means that no rational argument based on the evidence or law was presented.2. In bad faith, malicious, or as a means of harassment means that the appeal or defense was pursued to annoy or harass, made to be abusive, stubbornly litigious, or disrespectful of the truth.3. Groundless means that despite having a valid legal theory, a party fails to offer or produce any competent evidence to support the theory.C. Attorney fees may also be assessed against a party as permitted by law.D. Pursuant to § 24-50.5-104(2), C.R.S. attorney fees shall be assessed against the department if the Board finds a violation of the Whistleblower Act.E. Any party seeking sanctions or attorney fees shall file and serve a motion within ten (10) days of: 1. The alleged failure to comply with the provisions in this Chapter 8, Resolution of Appeals and Disputes, Part A;2. When the party knows or reasonably should have known of the alleged abuse giving rise to the request for fees;3. A final order of an Administrative Law Judge, including an order of dismissal;4. An Initial Decision; or5. A final order of the Board relating to action taken during a public Board Meeting.F. Anyone potentially affected by a motion for sanctions or for attorney fees may request a hearing. The Administrative Law Judge may hold a hearing if the judge determines that a hearing will materially assist in deciding the motion.37 CR 22, November 25, 2014, effective 1/1/201537 CR 24, December 25, 2014, effective 1/14/201540 CR 02, January 25, 2017, effective 2/14/201740 CR 23, December 10, 2017, effective 1/1/201840 CR 24, December 25, 2017, effective 1/14/201842 CR 19, October 10, 2019, effective 11/1/201943 CR 05, March 10, 2020, effective 4/1/202043 CR 13, July 10, 2020, effective 8/1/202043 CR 24, December 25, 2020, effective 2/1/202144 CR 05, March 10, 2021, effective 4/1/202144 CR 07, April 10, 2021, effective 5/1/202144 CR 10, May 25, 2021, effective 7/1/202144 CR 12, June 25, 2021, effective 9/1/202145 CR 11, June 10, 2022, effective 7/1/202245 CR 14, July 25, 2022, effective 9/1/202246 CR 08, April 25, 2023, effective 7/1/202347 CR 06, March 25, 2024, effective 5/1/2024