4 Colo. Code Regs. § 801-1-8-A-VIII
Current through Register Vol. 47, No. 11, June 10, 2024
Section 4 CCR 801-1-8-A-VIII - State Personnel Board Review of Initial Decisions and Other Final Orders Issued by an Administrative Law JudgeBoard Rule 8-52. General Provisions.
A. The purpose of this Section is to provide the procedures for the Board to review Initial Decisions and other final orders issued by an Administrative Law Judge.B. The first party to request the Board to review an Initial Decision or other final order is the "Appellant." The other party is the "Appellee."C. Except as provided in this Section, the parties shall follow the filing requirements in Chapter 8, Resolution of Appeals and Disputes, Part A.Board Rule 8-53. Procedures for Initiating a Request for the Board to Review an Initial Decision or Other Final Order Issued By an Administrative Law Judge.
A.Designation of Record. 1. The record may include transcripts of any proceedings, documents that the parties have filed during the course of the proceedings, exhibits, and any orders issued by an Administrative Law Judge.2. The Appellant shall file a Designation of Record with the Board no later than twenty (20) days from the date of the certificate of service of the disputed Initial Decision or other final order. The Appellant's Designation of Record shall specify all portions of the record that the Appellant deems necessary and relevant.3. Within ten (10) days from Appellant's Designation of Record, the Appellee may file an additional Designation of Record specifying any other portions of the record that the Appellee deems necessary and relevant.4. If neither party designates an item to be included in the record, then the Board will not consider that item as part of its review.5. Any party who designates a transcript as part of the record shall arrange for preparation of the transcript directly with a neutral and certified court reporter.6. A party designating a transcript shall file the transcript with the Board within fifty-nine (59) days from the date Appellant files the Designation of Record. If no transcript is filed by the deadline, the record will not include the transcript.7. Any transcript to be included as part of the record shall be signed and certified by the court reporter who prepared the transcript.B.Notice of Request for Board Review. 1. The party requesting the Board to review an Initial Decision or other final order shall file a Notice of Request for Board Review.2. The Notice of Request for Board Review shall state the basis for requesting the Board review, including the disputed findings of fact and/or conclusions of law.3. The Appellant shall file the Notice of Request for Board Review within thirty (30) days from the date of the certificate of service of the disputed order.C.Payment. A party requesting Board review of an Initial Decision or other final order shall submit a $5.00 payment for the certification of the record at the time the party files the Notice of Request for Board Review. This amount does not include the cost of a transcript, which needs to be paid directly to the court reporter by the party.D.Certification of Record. The Board shall certify the record within sixty (60) days from the date the record is designated.Board Rule 8-54. Briefing. Upon certification of the record, the parties shall file written arguments for the Board to consider as part of its review.
A.Briefing Schedule.1. The Appellant shall file an opening brief within twenty (20) days from the certification of record.2. The Appellee shall file an answer brief within ten (10) days from service of the opening brief.3. The Appellant may file a reply brief within five (5) days from service of the answer brief.4. If both parties request Board review, the parties shall file simultaneous briefs using the above briefing deadlines.B.Extensions of Time. No motions for extension of time will be granted unless the parties are able to complete all briefing at least fourteen (14) days before the Board meeting related to the briefs.C.Page Limit. Briefs are limited to ten (10) pages. This page limit does not include the case caption, table of contents, tables of citations, signature block, certificate of service, and exhibits.D. Briefs shall conform to Chapter 8, Resolution of Appeals and Disputes, Part A, Section I, with respect to margins, font size, and other requirements.E.Copies. Parties shall file an original and seven copies of their briefs with the Board.Board Rule 8-55. Board Review.
A.Review Date. The Board will review and render a written decision within ninety (90) days from the certification of record.B.Materials Considered in the Board Review. In reviewing an Initial Decision or other final order, the Board will only consider: 1. The disputed order; and2. The items included in the certified record. If the certified record does not contain a transcript of the evidentiary hearing, the Board is bound by the findings of fact in the Initial Decision.C.Oral Argument. In general, no oral argument is permitted. Board Rule 8-56. Any party appealing to the Colorado Court of Appeals shall serve a copy of the Notice of Appeal on the Board at the time of filing the notice.
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 7/1/2023