(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.
Notes of Decisions
Lawley v. Dep't of Higher Educ., 36 P.3d 1239 (Colo. 2001).
· cites it 15× “In this case, section 24-50-125.4(3), in the article outlining the state personnel system, states, "Any party may appeal the decision of the board to the court of appeals within forty-five days in accordance with section 24-4-106(11).”
Shaball v. State Comp. Ins. Auth., 799 P.2d 399 (Colo. Ct. App. 1990).
· cites it 9× “801-1, states: “The initial decision of the hearing officer after hearing shall be issued within 45 days of conclusion of the hearing and the submission of briefs in accordance with C.R.S. 24-50-125.4(3).” (emphasis added) Statutory provisions governing the time for actions to…”
Williams v. Dep't of Pub. Saf., 2015 COA 180 (Colo. Ct. App. 2015).
· cites it 4× “2015, reads: An action of the state personnel director or an appointing authority which is appealable to the board pursuant to this article or the state constitution may be reversed or modified on appeal to the board only if at least three members of the board find the action to…”
Kardoley v. Colorado State Pers. Bd., 742 P.2d 934 (Colo. Ct. App. 1987).
· cites it 5× “194 at 714, the State Personnel System Act was amended to read: “Any party may appeal the decision of the Board to the Court of Appeals within forty-five days in accordance with section 24-4-106(11).”
Ehrle v. Dep't of Admin., 844 P.2d 1267 (Colo. Ct. App. 1992).
· cites it 5× “10A) and § 24-50-125.4(3), C.R.S. (1988 Repl. Vol.”
Hughes v. Dep't of Higher Educ., 934 P.2d 891 (Colo. Ct. App. 1997).
· cites it 4× “It argues that the ALJ and the Board applied an incorrect standard of review in evaluating its actions with regard to the reorganization, reduction, and restructuring plan.”
Colo. Rev. Stat. § 24-50-125.4(1): 1 case
Colo. Rev. Stat. § 24-50-125.4(3): 11 cases
Lawley v. Dep't of Higher Educ., 36 P.3d 1239 (Colo. 2001).
“In this case, section 24-50-125.4(3), in the article outlining the state personnel system, states, "Any party may appeal the decision of the board to the court of appeals within forty-five days in accordance with section 24-4-106(11).”
Shaball v. State Comp. Ins. Auth., 799 P.2d 399 (Colo. Ct. App. 1990).
“801-1, states: “The initial decision of the hearing officer after hearing shall be issued within 45 days of conclusion of the hearing and the submission of briefs in accordance with C.R.S. 24-50-125.4(3).” (emphasis added) Statutory provisions governing the time for actions to…”
Kardoley v. Colorado State Pers. Bd., 742 P.2d 934 (Colo. Ct. App. 1987).
“194 at 714, the State Personnel System Act was amended to read: “Any party may appeal the decision of the Board to the Court of Appeals within forty-five days in accordance with section 24-4-106(11).”
Colo. Rev. Stat. § 24-50-125.4(4): 16 cases
Lawley v. Dep't of Higher Educ., 36 P.3d 1239 (Colo. 2001).
“In this case, section 24-50-125.4(3), in the article outlining the state personnel system, states, "Any party may appeal the decision of the board to the court of appeals within forty-five days in accordance with section 24-4-106(11).”
Colo. Rev. Stat. § 24-50-125.4(5): 2 cases
Shaball v. State Comp. Ins. Auth., 799 P.2d 399 (Colo. Ct. App. 1990).
“801-1, states: “The initial decision of the hearing officer after hearing shall be issued within 45 days of conclusion of the hearing and the submission of briefs in accordance with C.R.S. 24-50-125.4(3).” (emphasis added) Statutory provisions governing the time for actions to…”
Colo. Rev. Stat. § 24-50-125.4(8): 2 cases
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