7 CCR 1103-12-5 - Appeals of Coverage Decisions by the State Personnel Director
5.1 Appeals of a
decision by the State Personnel Director regarding whether an employee or group
of employees are appropriately classified as "covered employees" may be filed
with the Division on the Notice of Appeal form provided by the Division. The
hearing officer will review the State Personnel Director decision de
novo.
5.2 A certified
employee organization or the State may file a Notice of Appeal with the
Division within 35 calendar days from the date of the decision of the State
Personnel Director. A valid appeal is a written statement that is timely filed
with the Division, explains the basis for the appeal, and has been signed by
the appellant or the appellant's authorized representative.
5.3 The appellant shall provide the State
Personnel Director (SPD) with a copy of the Notice of Appeal at the time of
filing with the Division. The SPD shall have 21 calendar days to file a
Response, after which the appellant shall have 21 calendar days to file a
Reply.
5.4 The State Personnel
Director (SPD) may authorize another official, department, division, agency, or
other person to respond to the Notice of Appeal, provide information or
evidence regarding the Notice of Appeal, or otherwise participate in the
appeal. The SPD may so authorize in writing, or a state official may represent
that they have been so authorized in a submission that is also copied to the
SPD.
5.5 Upon receipt of the Notice
of Appeal, the Response, and the Reply, the Division shall assign a hearing
officer, who may set the matter for hearing or make a decision on the existing
record. The hearing officer shall have the power and authority to call, preside
at, and conduct hearings on the appeal, including the power to administer oaths
and affirmations, order and take depositions, certify to official acts, and
issue subpoenas to compel the attendance of witnesses and the production of
books, papers, correspondence, memoranda, and other records deemed necessary as
evidence in connection with a disputed ruling of the State Personnel
Director.
5.6 The hearing officer
shall make a decision on each relevant issue raised, including findings of
fact, conclusions of law, and an order sustaining, overruling, or modifying the
ruling of the State Personnel Director. Testimony and further evidence may be
allowed at the hearing, at the discretion of the hearing officer. Parties may
be required to appear by telephone.
5.7 The hearing officer's decision
constitutes a final agency action pursuant to C.R.S. §
24-4-106, unless written
exceptions to that decision are filed in accordance with the State
Administrative Procedure Act (C.R.S. §
24-4-101 et seq.) and any Division
filing instructions accompanying the hearing officer's decision. If timely
exceptions are filed, the decision on the exceptions constitutes the final
agency action. The Division shall promptly provide all parties with a copy of
the hearing officer's decision by mail or electronic mail, as consistent with
applicable law. A party may seek judicial review of the decision pursuant to
C.R.S. §
24-50-1115(1)
and in accordance with the State Administrative Procedure Act.
Notes
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5.1 Appeals of a decision by the State Personnel Director regarding whether an employee or group of employees are appropriately classified as "covered employees" may be filed with the Division on the Notice of Appeal form provided by the Division. The hearing officer will review the State Personnel Director decision de novo.
5.2 A certified employee organization or the State may file a Notice of Appeal with the Division within thirty-five (35) calendar days from the date of the decision of the State Personnel Director. A valid appeal is a written statement that is timely filed with the Division, explains the basis for the appeal, and has been signed by the appellant or the appellant's authorized representative.
5.3 The appellant shall provide the State Personnel Director (SPD) with a copy of the Notice of Appeal at the time of filing with the Division. The SPD shall have twenty-one (21) calendar days to file a Response, after which the appellant shall have twenty-one (21) calendar days to file a Reply.
5.4 The State Personnel Director (SPD) may authorize another official, department, division, agency, or other person to respond to the Notice of Appeal, provide information or evidence regarding the Notice of Appeal, or otherwise participate in the appeal. The SPD may so authorize in writing, or a state official may represent that they have been so authorized in a submission that is also copied to the SPD.
5.5 Upon receipt of the Notice of Appeal, the Response, and the Reply, the Division shall assign a hearing officer, who may set the matter for hearing or make a decision on the existing record. The hearing officer shall have the power and authority to call, preside at, and conduct hearings on the appeal, including the power to administer oaths and affirmations, order and take depositions, certify to official acts, and issue subpoenas to compel the attendance of witnesses and the production of books, papers, correspondence, memoranda, and other records deemed necessary as evidence in connection with a disputed ruling of the State Personnel Director.
5.6 The hearing officer shall make a decision on each relevant issue raised, including findings of fact, conclusions of law, and an order sustaining, overruling or modifying the ruling of the State Personnel Director. Testimony and further evidence may be allowed at the hearing, at the discretion of the hearing officer. Parties may be required to appear by telephone.
5.7 The hearing officer's decision constitutes a final agency action pursuant to C.R.S. § 24-4-106. The Division shall promptly provide all parties with a copy of the hearing officer's decision via U.S. mail or email. A party may seek judicial review of the decision pursuant to C.R.S. § 24-50-1115(1).