Supreme Court of Colorado

DOC v. Stiles

December 21, 20202020 CO 90

Summary

The court held that an administrative law judge reviewing discipline imposed on a certified state employee must conduct a de novo evidentiary hearing but must review the appointing authority’s disciplinary decision under the statutory “arbitrary, capricious, or contrary to rule or law” standard. Because the lower courts and the ALJ may have treated the review as de novo and the ALJ’s reasoning was ambiguous, the court reversed and remanded for additional findings. The ALJ must determine whether the agency candidly and honestly considered relevant evidence, whether reasonable people fairly and honestly considering the evidence would reach contrary conclusions, and whether the discipline violated any rule or law.