(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.
The board shall give written notice of the time and place of a hearing to the partiesinvolved 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.
The board or an administrative law judge for the board shall issue a written decisionwithin 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).
If an administrative law judge conducts a hearing on behalf of the board, any partywho 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.
If any party is responsible for any inexcusable delay in conducting the hearing or inthe issuance of a decision, the responsible party shall pay the opposing party's costs, including attorney fees.
The board or an administrative law judge for the board may give any written noticesor 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.