Louisiana Revised Statutes 48:295.3 – Appeal to the secretary
Terms Used In Louisiana Revised Statutes 48:295.3
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Debarment: means the disqualification of a contractor to receive invitations for bids or requests for proposals or the award of any contract by the department and shall be applicable to selection of consultants by the department and participation as a joint venture, subcontractor, or consultant or subconsultant on department projects. See Louisiana Revised Statutes 48:295.1
- Debarment committee: means the committee consisting of the following persons acting upon a unanimous vote: the chief engineer of the department or his designee; the deputy secretary of the department or his designee; and the general counsel of the department or his designee. See Louisiana Revised Statutes 48:295.1
- person: includes a body of persons, whether incorporated or not. See Louisiana Revised Statutes 1:10
A. The secretary or his designee shall have the authority to review and determine any appeal by an aggrieved person from a determination by the debarment committee which is authorized by La. Rev. Stat. 48:295.2.
B. This Section applies to a review by the secretary of a decision under La. Rev. Stat. 48:295.2.
C. The aggrieved person shall file his appeal with the secretary within fourteen days of the receipt of a decision under La. Rev. Stat. 48:295.2(E).
D. The secretary or his designee shall decide within fourteen days whether, or the extent to which, the debarment or suspension was in accordance with the constitution, statutes, ordinances, regulations, and the best interest of the department and was fair. Any prior determination by the debarment committee shall not be final or conclusive.
E. A copy of the decision under Subsection D of this Section shall be served by certified or registered mail or otherwise furnished immediately to the debarred or suspended person or any other intervening party.
F. A decision under Subsection D of this Section shall be final and conclusive unless either of the following occurs:
(1) The decision is fraudulent.
(2) The debarred or suspended person has timely appealed an adverse decision of the secretary or his designee to the Nineteenth Judicial District Court in accordance with La. Rev. Stat. 48:295.4.
Acts 1993, No. 879, §1, eff. June 23, 1993.