RS 51:2370.28

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RS 51:2370.28

§2370.28. Administrative and judicial review

A. If the protest of a grant award is not resolved by mutual agreement, the director or his designee shall, within fourteen business days, issue a decision in writing. The decision shall do all of the following:

(1)State the reasons for the action taken.

(2)Inform all parties to the protest of their right to administrative and judicial review as provided in this Subpart.

B. A copy of the decision required by Subsection A of this Section shall be furnished immediately to all parties to the protest.

C. A decision required by Subsection A of this Section shall be final and conclusive unless one of the following applies:

(1)The decision is fraudulent.

(2)A party to the protest has timely appealed to the commissioner of administration in accordance with Subsection D of this Section.

D. If a party to the protest files an appeal with the commissioner of administration, it shall be filed within fourteen business days of receipt of a decision issued pursuant to Subsection A of this Section. The commissioner of administration may review and determine any appeal by a party to the protest from a determination by the director or his designee.

E. On any appeal filed pursuant to Subsection D of this Section, the commissioner of administration shall decide within fourteen business days whether the decision concerning a grant application was in accordance with this state's constitution, statutes, and regulations; the terms and conditions of the application; and any requirements of federal laws or regulations. Any prior determinations by the director or his designee shall not be final or conclusive.

F. A copy of the decision issued pursuant to Subsection E of this Section shall be mailed or otherwise furnished immediately to all parties to the protest.

G. A decision issued pursuant to Subsection E of this Section shall be final and conclusive unless one of the following applies:

(1)The decision is fraudulent.

(2)A party to the protest has appealed to the court as provided for in Subsection H of this Section.

H. A party to the protest may file an appeal in the Nineteenth Judicial District Court within seven business days of receipt of a decision issued pursuant to Subsection E of this Section. The Nineteenth Judicial District Court shall have exclusive venue over an action between the state and a party to the protest to determine whether an award of a grant is in accordance with this state's constitution, statutes, and regulations. These actions shall extend to all kinds of actions, whether for monetary damages or for declaratory, injunctive, or other equitable relief.

I. A party to the protest by a final judgment or interlocutory order or ruling of the Nineteenth Judicial District Court may appeal or seek review thereof, as the case may be, to the Louisiana Court of Appeal, First Circuit or the Supreme Court of Louisiana, as otherwise permitted in civil cases by law and the constitution of this state. If a court has found in a final judgment that an applicant or a party to the protest has incorrectly designated a location as served or unserved, the office may assess a civil penalty of up to one thousand dollars per incorrectly designated location identified in the GUMBO 2.0 award process and disputed in litigation.

Acts 2023, No. 383, §1.