RS 2370.5 - Administrative and judicial review
A. The director or his designee shall have authority, prior to the commencement of an action in court concerning a protest arising under this Part, to settle and resolve the protest of an aggrieved person concerning a grant application. This authority shall be exercised in accordance with applicable regulations.
B. If the protest is not resolved by mutual agreement, the director or his designee shall, within fourteen days, issue a decision in writing. The decision shall:
(1) State the reasons for the action taken.
(2) Inform the protestant of its right to administrative and judicial review as provided in this Part.
C. A copy of the decision required by Subsection B of this Section shall be mailed or otherwise furnished immediately to the protestant and any other party intervening.
D. A decision required by Subsection B of this Section shall be final and conclusive unless one of the following applies:
(1) The decision is fraudulent.
(2) The person adversely affected by the decision has timely appealed to the commissioner of administration in accordance with Subsection E of this Section.
E. The aggrieved person shall file an appeal with the commissioner of administration within fifteen days of receipt of a decision issued pursuant to Subsection B of this Section. The commissioner of administration shall have the authority to review and determine any appeal by an aggrieved person from a determination by the director or his designee.
F. On any appeal filed pursuant to Subsection E of this Section, the commissioner shall decide within fourteen days whether the decision concerning a grant application was in accordance with this state's constitution, statutes, and regulations, and the terms and conditions of the application. Any prior determinations by the director or his designee shall not be final or conclusive.
G. A copy of the decision issued pursuant to Subsection F of this Section shall be mailed or otherwise furnished immediately to the protestant and any other party intervening.
H. A decision issued pursuant to Subsection F of this Section shall be final and conclusive unless one of the following applies:
(1) The decision is fraudulent.
(2) The person adversely affected by the decision has appealed to the court as provided for in Subsection I of this Section.
I. The aggrieved person shall file an appeal in the Nineteenth Judicial District Court within seven days of receipt of a decision issued pursuant to Subsection F of this Section. The Nineteenth Judicial District Court shall have exclusive venue over an action between the state and an applicant, prospective or actual, to determine whether an award of a grant is in accordance with this state's constitution, statutes, and regulations. Such actions shall extend to all kinds of actions, whether for monetary damages or for declaratory, injunctive, or other equitable relief.
J. Any party aggrieved 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.
Acts 2021, No. 477, §1, eff. July 1, 2021.