28 Miss. Code. R. 301-13.15 - Appeal of Protest Decision By Executive Director or His Designee(s)

A. Scope. This subsection applies to an appeal addressed to the Board of Commissioners of a decision under Rule 4 above.

B. Time Limitations on Filing a Protest Appeal. The aggrieved person shall file an appeal with the Board of Commissioners within seven (7) days of an adverse decision by the Executive Director or his designee(s) under Rule 4 of this Chapter. It is sufficient for the notice of appeal to be directed to the President of the Board of Commissioners.

C. Decision. The Board of Commissioners shall promptly decide whether the solicitation or award was in accordance with the Constitution, statutes, regulations, and the terms and conditions of the solicitation. The proceeding shall be de novo. Any prior determinations by the Executive Director or his designee(s) shall not be final or conclusive.

D. Standard of Review for Factual Issues. A determination of an issue of fact by the Board of Commissioners under this subsection shall be final and conclusive unless arbitrary, capricious, fraudulent, or clearly erroneous.

Notes

28 Miss. Code. R. 301-13.15

Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

Amended 12/3/2020