Louisiana Administrative Code › Title 42 - LOUISIANA GAMING › Part XV - Lottery › Chapter 3 - Procurement Policies and Rules › Section XV-333 - Appeals

Current through Register Vol. 50, No. 6, June 20, 2024
A. The procedures
				stated in this Part apply to an appeal of a corporation determination by a
				vendor, contractor, or a person seeking to become a vendor or contractor under
				Section 9017 of the Louisiana Lottery Corporation Law.
B. Prior to making an appeal, an appellant
				must send the president a request letter stating the action of which the
				appellant seeks modification and all reasons the appellant advances for
				modification. The request letter must state the appellant's name and address,
				must enclose copies of all documents relevant to the request, and must be
				signed by the appellant. The appellant must represent that all facts stated in
				the request letter are correct to the best knowledge of the appellant. The
				president shall respond to the request letter in writing within 10 days of the
				corporation's receipt of it, stating all reasons for the response.
C. An appellant may appeal the president's
				denial of all or any part of the appellant's request stated in the appellant's
				request letter by sending the president a notice of appeal. The notice of
				appeal shall be effective only if it is in writing, states the substance and
				basis of the appeal, and is received by the corporation within 10 days of the
				appellant's receipt of the president's letter denying the appeal. The notice
				may request that the hearing be expedited, provided that such a request shall
				constitute an undertaking by the appellant to pay the costs assessable under
				Subsection E of this Section. Upon receipt of a notice of appeal, the president
				shall deliver the notice, the appellant's request letter and the president's
				denial letter to the board.
D. The
				board shall consider the appeal at its next regular meeting to occur five or
				more days after receipt of the notice of appeal. The hearing shall be conducted
				in accordance with the provisions of the Administrative Procedure Act. The
				chairman may call a special meeting of the board to hear an appeal if the
				appellant has requested an expedited hearing and the chairman in his sole
				discretion believes that the appeal warrants an expedited hearing. The
				president shall give the appellant reasonable notice of the time and location
				of the board meeting. The appellant shall be permitted to present the appeal
				orally for a time period determined by the board. The presentation may not
				include points or subjects which were not included in the appellant's request
				letter. The corporation shall keep a complete record of the hearing and shall
				make it available to the appellant. The board shall render its decision on the
				appeal by majority vote within five days after conclusion of the
				hearing.
E. If the appellant
				requested an expedited hearing, the board conducts the hearing at a special
				meeting, and the board denies the appeal, the board may charge the appellant
				the corporation's reasonable costs incurred in connection with the special
				meeting, including any travel and per diem expenses.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  47:9001 et
				  seq.