La. Admin. Code tit. 34, § V-3113 - Decisions and Orders of the Hearing Officer [Formerly LAC 34:I.3113]

Current through Register Vol. 48, No. 3, March 20, 2022

A. If the subject matter of the hearing is not resolved, the hearing officer shall, within 14 days of the conclusion of a protest hearing, or within a reasonable time of the conclusion of a hearing to determine responsibility, suspension or debarment, or a controversy between the state and a contractor, issue a written decision stating the reasons for the action taken and informing the party, aggrieved person, or interested person of the right to administrative review and thereafter judicial review where applicable.
1. A copy of the decision or order shall be mailed or otherwise furnished the party, aggrieved person, or interested person immediately.
B. The decision of the hearing officer shall become final and conclusive unless the decision is fraudulent or the party, aggrieved person, or interested person adversely affected by the decision or order has timely appealed administratively to the commissioner.
1. The final decision of the hearing officer shall not be subject to the review of the commissioner when the decision is rendered in a proceeding to determine responsibility of a bidder or proposer. Notice of the right to judicial review of the final decision shall accompany service of the final decision.
C. A bidder or proposer who is disqualified shall have the right to request a rehearing before the hearing officer. This right must be exercised within 10 days of the date of receipt of the decision of disqualification. The grounds for rehearing shall be limited to the following:
1.
a. the decision or order is clearly contrary to the law and the evidence;
b. the party has discovered since the hearing evidence important to the issues which he could not have with due diligence obtained before or during the hearing;
c. there is a showing that issues not previously considered ought to be examined in order to properly dispose of the matter; or
d. there is other good ground for further consideration of the issues and the evidence in the public interest;
2. the request for rehearing on behalf of a bidder or proposer disqualified after hearing on his responsibility shall be in writing and shall set forth the grounds which justify a rehearing. In the event a rehearing is granted by the hearing officer, it shall be confined to the grounds upon which the rehearing was granted.

Notes

La. Admin. Code tit. 34, § V-3113
Promulgated by the Office of the Governor, Division of Administration, Office of State Purchasing, LR 9:211 (April 1983), repromulgated LR 40:1368 (July 2014), Amended by the Office of the Governor, Division of Administration, Office of State Procurement, LR 44769 (4/1/2018).
AUTHORITY NOTE: Promulgated in accordance with R.S. 39:1581.

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