Colorado § 24-50-125.4 - Hearings.

§ 24-50-125.4. Hearings.

(1) Except for discrimination appeals that may also be filed with the Colorado civil rights division in the department of regulatory agencies, all appeals from actions of the state personnel director, appointing authorities, and agencies that are specifically appealable to the board under the state constitution or this article shall be filed with the board within ten days of receipt of notice of such action.

(2) The board shall give written notice of the time and place of a hearing to the parties involved at least twenty days before the date set for the hearing. The hearing shall commence not later than ninety calendar days after submission of the appeal to the board and may be continued only once for good cause for no longer than thirty days with the approval of the board.

(3) The board or an administrative law judge for the board shall issue a written decision within forty-five calendar days after the conclusion of the hearing and the submission of briefs. Any party may appeal the decision of the board to the court of appeals within forty-nine days in accordance with section 24-4-106 (11).

(4) If an administrative law judge conducts a hearing on behalf of the board, any party who seeks to modify the initial decision must file an appeal with the board within thirty days of the initial decision pursuant to section 24-4-105 (14). Within sixty days after the record is designated in accordance with section 24-4-105 (15)(a), the board shall certify the record. The board shall conduct its review in accordance with section 24-4-105 (15)(b) and issue its final decision within ninety days after the record has been certified.

(5) If any party is responsible for any inexcusable delay in conducting the hearing or in the issuance of a decision, the responsible party shall pay the opposing party's costs, including attorney fees.

(6) The board or an administrative law judge for the board may give any written notices or issue any written decisions required in this section by either regular or electronic mail or by facsimile. The board shall promulgate rules in accordance with article 4 of this title to establish a uniform system for service of written notices and decisions.

Source: L. 84: Entire section added, p. 713, § 11, effective July 1. L. 94: (3) and (4) amended, p. 92, § 2, effective March 15. L. 2004: (1), (2), and (5) amended, p. 1694, § 31, effective July 1, 2005. L. 2009: (6) added, (HB 09-1150), ch. 309, p. 1666, § 5, effective August 5. L. 2014: (3) amended, (HB 14-1363), ch. 302, p. 1269, § 27, effective May 31.

ANNOTATION

Law reviews. For article, "ADR at the State Personnel Board", see 18 Colo. Law. 911 (1989). For article, "Recent Developments in Administrative Law", see 31 Colo. Law. 45 (Aug. 2002).

Applicability. Amendment to statute substituting one method of judicial review for another was procedural and, therefore, statute applies to existing causes of action and to ones which accrue in the future. Kardoley v. State Pers. Bd., 742 P.2d 934 (Colo. App. 1987).

No provision permits an extension of time for filing an administrative appeal upon the filing of post-judgment motions. Fiebig v. Wheat Ridge Reg'l Center, 782 P.2d 814 (Colo. App. 1989).

Forty-five-day time limit in subsection (3) is not jurisdictional. Such limits are generally considered directory unless time is of the essence, the statute curtails agency authority beyond the time prescribed, or failure to comply would injuriously affect the public interest or private rights. Shaball v. State Comp. Ins. Auth., 799 P.2d 399 (Colo. App. 1990).

Claimant not entitled to compensation for violation of time limit. Economic sanction against personnel board for delay in issuance of decision held not warranted. Shaball v. State Comp. Ins. Auth., 799 P.2d 399 (Colo. App. 1990).

Evidence sufficient to support finding of discrimination by administrative law judge. Cunningham v. Dept. of Hwys., 823 P.2d 1377 (Colo. App. 1991).

Since panel does not have authority to decide claim of discrimination, panel's prior decision pursuant to § 24-50-112 is not binding upon administrative law judge hearing claim of discrimination pursuant to this section. Cunningham v. Dept. of Hwys., 823 P.2d 1377 (Colo. App. 1991).

Where evidence only supported finding of discrimination involving complainant, board had authority to order that complainant be appointed to the next available position, but did not have authority to require any corrective action other than to remedy the particular discriminatory act. Cunningham v. Dept. of Hwys., 823 P.2d 1377 (Colo. App. 1991).

Reduction of suspension period to 135 days reflects the total of the statutory time periods in the section, and the state personnel board's determination of the maximum suspension period under state personnel board rule R8-3-4(A)(1). Rose v. Dept. of Insts., 826 P.2d 379 (Colo. App. 1991).