4 Colo. Code Regs. § 801-1-8-C-IV
Current through Register Vol. 47, No. 11, June 10, 2024
Section 4 CCR 801-1-8-C-IV - Resolution of External Dispute for Performance Management with the Director8-95.The Director's External Dispute Authority. The Director's authority regarding final decisions on performance management disputes is limited to reviewing the facts surrounding the current action, within the limits of the department's performance management program.A. If the department has failed to render a final decision, the dispute will be remanded back to the department to issue a final decision to the employee.B. The Director shall not substitute their judgment for that of the rater, reviewer, or the department's dispute resolution decision maker.C. The Director's review will be to ensure the procedures outlined in the department's performance management program were followed.8-96.The Director's External Dispute Decision. The Director shall issue a written decision that is final and binding within thirty (30) days from receipt of filing. A. In reaching a final decision that concludes the department's performance management program was not followed, the Director has the authority to instruct a department to: 1. Follow a department's performance management program;3. Reconsider an individual performance plan or final overall evaluation.B. The Director may also require the department to use other appropriate conflict resolution methods.C. The Director shall not render a decision that would alter a department's performance management program.8-97. An employee may withdraw a Director's External Dispute at any time prior to the Director issuing a final decision. If an employee withdraws a Director's External Dispute, it will be considered moot and dismissed with prejudice.8-98. In the event that an employee with a pending Director's External Dispute separates from the state personnel system, the Director's External Dispute is dismissed with prejudice. Rule 8-99 Intentionally left blank. (04/01/2021)
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