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 B - Director's Review of Appeals
Section 4 CCR 801-1-8-B-II - Resolution of Director's Appeals

4 Colo. Code Regs. § 801-1-8-B-II

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Current through Register Vol. 47, No. 11, June 10, 2024
Section 4 CCR 801-1-8-B-II - Resolution of Director's Appeals
8-79.The Director's Appeal Decision. The Director shall issue a written decision no later than ninety (90) days after the Director receives a referral of the matter from the Board or notice that the appeal has been dismissed by the Board. Both parties, Appellant and Respondent, will receive a copy of the Director's final decision.
A. The Director may overturn a decision by a department only if found to be arbitrary, capricious, or contrary to rule or law.
B. Failure by the Director to issue a decision within the ninety (90) day time limit will cause the Director to adopt the department's decision.
C. The matter appealed must be resolved within the ninety (90) days, after which the Director loses jurisdiction. The Director does not have the authority to extend the time period.
8-80. An Appellant may withdraw a Director's Appeal at any time prior to the Director issuing a final decision. If an Appellant withdraws a Director's Appeal, it will be considered moot and dismissed with prejudice.
8-81. In the event that an employee with a pending Director's Appeal separates from the state personnel system, the Director's Appeal is dismissed with prejudice.
8-82. Pursuant to § 24-50-112.5(4)(e), C.R.S., the Board has discretionary jurisdiction to review final decisions of the appointing authority regarding alleged violations of the comparative analysis process after the Director issues their final decision.

4 CCR 801-1-8-B-II

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