Alabama § 41-4-164 Appeals

Alabama Statutes

§ 41-4-164 — Appeals

Alabama·Title 41 State Government·Ch. 4 Department of Finance·Art. 5 Division of Purchasing·Div. 6 Legal and Contractual Remedies·Part A Resolution of Controversies

(a)A party that receives an adverse decision from the Chief Procurement Officer under Section 41-4-161(c) or Section 41-4-162(c) may appeal the decision to the Director of Finance.

(b)Any appeal to the Director of Finance shall be made in writing within five days after receipt of the adverse decision by the Chief Procurement Officer.

(c)The Director of Finance shall hold unlawful and set aside any decision issued by the Chief Procurement Officer that the director finds to be arbitrary, capricious, an abuse of discretion, or otherwise inconsistent with law.

(d)The Director of Finance shall issue a written decision within 14 days after receipt of the appeal.

(e)A copy of the decision under subsection (d) shall be mailed or otherwise furnished immediately to the parties.

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(a) A party that receives an adverse decision from the Chief Procurement Officer under Section 41-4-161(c) or Section 41-4-162(c) may appeal the decision to the Director of Finance.
(b) Any appeal to the Director of Finance shall be made in writing within five days after receipt of the adverse decision by the Chief Procurement Officer.
(c) The Director of Finance shall hold unlawful and set aside any decision issued by the Chief Procurement Officer that the director finds to be arbitrary, capricious, an abuse of discretion, or otherwise inconsistent with law.
(d) The Director of Finance shall issue a written decision within 14 days after receipt of the appeal.
(e) A copy of the decision under subsection (d) shall be mailed or otherwise furnished immediately to the parties.
(f) A decision under subsection (d) shall be final and conclusive unless fraudulent.
(g) The administrative procedures and remedies provided in this division shall not be construed as a contested case under the Alabama Administrative Procedure Act.

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