4 Colo. Code Regs. § 801-1-8-B-I
Current through Register Vol. 47, No. 11, June 10, 2024
Section 4 CCR 801-1-8-B-I - Filing Appeals with the Director8-75. The Director's Appeal Filing. All appeals in the state personnel system are administratively processed through the Board using the Consolidated Appeal/Dispute Form. Appeals are forwarded with notice that the appeal has been dismissed by the Board and given to the Director for review. A. The Director's Appeal. The Director's Appeal shall use the Consolidated Appeal/Dispute Form found on the DPA/Division of Human Resources or the Board's website.B.Contents of the Director's Appeal. The Director's Appeal contains the information according to Chapter 8, Resolution of Appeals and Disputes, Part A, Section I.,C.Filing the Director's Appeal. The Director's Appeal shall be filed according to Chapter 8, Resolution of Appeals and Disputes, Part A, Section I.D. The filing of a timely Director's Appeal must meet the following criteria:1. The Director's Appeal shall be filed with the Board within ten (10) days from when the employee knew or should have known of the alleged improper action. The first day of the count is the day after the date on the department's notification and each calendar day thereafter.2. If a deadline falls on a weekend, official state holiday, or by governor order the deadline is extended to the next regular business day.3. Any filing via facsimile or email that is received by the Board by 5:00 p.m. Colorado time shall be deemed to have been filed on that date.4. If the filing is through mail by the United States Postal Services, the date of filing is the postmark.5. If the filing is hand delivered to the Board, the date stamp is the official date of filing.6. Failure to timely file an appeal may result in the Director losing jurisdiction over the matter and the Director's Appeal being dismissed.8-76. Only an applicant or a certified employee ("Appellant") who is directly affected as a result of an action by a department ("Respondent") may appeal to the Director. The following procedural events shall be reviewed by the Director:A. An allocation of an individual position occupied by a certified employee to a lower pay grade;B. An applicant's objection of their removal from consideration from selection, which includes the minimum qualification review and comparative analysis process.C. Other processes under the authority of the Director as a general matter of administration of the state personnel system or as mandated by law. These include alleged violations to the Fair Labor Standards Act and Family Medical Leave Act.8-77. The Director shall not substitute their judgement for that of the appointing authority. The following procedural events are not subject to Director's Appeals and shall not be reviewed by the Director:8-77.1 Summary of Chapter 8, Part B The summary is illustrative only. The language in the Director's Procedures are controlling. There are many parts of Chapter 8 that are not included in this summary.
Filing with the State Personnel Director |
An employee wanting to file an appeal with the State Personnel Director shall follow the filing procedures in Chapter 8, Part A, Section I. The appeal shall use the standard Consolidated Appeal/Dispute Form found on the State Personnel Board's website. Appeals are timely if received by the State Personnel Board or postmarked no later than ten (10) days after receipt of the written notice of the action, or if no notice was required, no later than ten (10) days after the employee knew or should have known of the improper action. |
Types of appeals in Chapter 8, Part B |
Chapter 8, Part B includes the procedures for resolving appeals within the State Personnel Director's Justification. Appeals proceed depending on the nature of the employee's claim. In general, the State Personnel Director reviews procedural events. |
1. State Personnel Director's Appeals |
Only an applicant or a certified employee ("Appellant") who is directly affected as a result of an action by a department ("Respondent") may appeal to the State Personnel Director under Chapter 8, Part B. Director's Review of Appeals. These events include: * An allocation of an individual position occupied by a certified employee to a lower pay grade; * An applicant's objection of their removal from consideration from selection; and * Other processes under the authority of the Director as a general matter of administration include alleged violations to the Fair Labor Standards Act and Family Medical Leave Act. |
Part B. Section I. Filing Appeals with the Director |
2. Exclusions |
The State Personnel Director shall not review actions filed under the jurisdiction of the State Personnel Board which include grievances, discipline or any actions that impact pay, status, or tenure, or claims that allege whistleblower, discrimination or retaliation. Refer back to Chapter 8, Part A, the State Personnel Board's summary. |
The State Personnel Director shall not review the following actions: * Hiring once an applicant has advanced to referral and an applicant received an offer to interview; * Personal services contracts; * Job evaluation system and actions; * Disciplinary actions; * Any action that adversely affects pay, status, or tenure; * Performance management disputes that result in a disciplinary action; * In-range salary movements; * Issues pertaining to leave sharing; * Discretionary pay differentials; and * Hazardous duty premium pay. |
8-78.Confidentiality of Director's Appeal Materials. Examination data and documents will be stored confidentially and only released if a judicial review is filed or otherwise required by law.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