La. Admin. Code tit. 70 § XXIII-445
Current through Register Vol. 50, No. 11, November 20, 2024
Section XXIII-445 - DebarmentA. This Section applies to a debarment or suspension for cause from consideration for award of contracts where there is probable cause for such action.B. After reasonable notice to the party involved, the appropriate chief procurement officer shall have authority to suspend or debar a party for cause.C. The DOTD procurement director serves as the hearing officer for exempt commodities, and the director of state purchasing serves as the hearing officer for non-exempt commodities.D. Should the party involved desire a formal hearing, he shall, within five days of receipt of the notice referred to Subsection B, inform the chief procurement officer in writing of said desire.E. Formal hearings will be conducted pursuant to the provisions of Title 49, Chapter 13 of the Louisiana Revised Statutes.F. Within 14 days after the date of mailing of the notice referred to in Subsection B, the chief procurement officer will 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.G. A copy of the decision or order shall be mailed or otherwise furnished to all interested parties.H. Appeals from a suspension or debarment decision must be filed with the commissioner of administration within 14 days of the receipt of the decision.I. The commissioner shall decide within 14 days whether, or the extent to which, the debarment or suspension was in accordance with the constitution, statutes, regulations, and the best interest of the state, and was fair.J. The decision of the commissioner of administration on the appeal shall be final and conclusive unless:1. the decision is fraudulent; or2. the debarred or suspended party has timely appealed to the court in accordance with R.S. 39:1691(B).K. The filing of the petition in the Nineteenth Judicial District Court shall not stay the decision of the commissioner of administration.La. Admin. Code tit. 70, § XXIII-445
Promulgated by the Department of Transportation and Development, Office of Purchasing, LR 8:148 (March 1982), amended LR 29:620 (April 2003).AUTHORITY NOTE: Promulgated in accordance with R.S. 39:1551-1736 and 48:204-210.