4 CCR 801-1-8-D-II - [Effective until 7/1/2025] Resolution of Director's Coverage Designation Dispute

8-110. The Director has authority to determine whether an employee was properly designated as covered or non-covered under the Colorado Partnership for Quality Jobs and Service Act based on their position description and job duties.

A. If the department has failed to render a final decision, the designation dispute will be remanded back to the department to issue a final decision to the employee and the certified employee organization.

B. The Director shall not substitute their judgment regarding the position description or job duties for that of the appointing authority. The Director may overturn the appointing authority's decision about whether the position is covered or not covered under the Colorado Partnership for Quality Jobs and Services Act.

C. The Director shall not render a decision that would alter an individual's position description or job duties.

8-111. The Director or designee shall issue a written decision within ninety (90) days from receipt of filing.

8-112. Any of the timeframes for completion of the dispute process may be waived or modified if agreed to in writing by both parties, including deferral of action to allow the parties a chance to resolve the issue.

8-113. Pursuant to § 24-50-1106(4), C.R.S., the Colorado Department of Labor and Employment, Division of Labor Standards and Statistics has jurisdiction to hear final decisions of the Director regarding whether certain employees are appropriately designated as covered or non-covered employees.

8-114. Once a decision by the Director is accepted or affirmed by the Colorado Department of Labor and Employment, Division of Labor Standards and Statistics, it is final unless permanent, material changes are made to the official position description.

Notes

4 CCR 801-1-8-D-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