§ 39:1685 — Contract and breach of contract controversies

§1685. Contract and breach of contract controversies
A. Scope. This Section applies to a review by the commissioner of a decision under
R.S. 39:1673.
B. Time limitation on filing an appeal. The aggrieved contractor shall file its appeal
with the commissioner within fourteen days of the receipt of the determination under R.S.
39:1673(C).
C. Decision. The commissioner shall decide within fourteen days the contract or
breach of contract controversy. Any prior determination by the state chief procurement
officer or his designee shall not be final or conclusive.
D. Notice of decision. A copy of the decision under Subsection C of this Section
shall be mailed or otherwise furnished immediately to the contractor.
E. Finality of decision. A decision under Subsection C of this Section shall be final
and conclusive unless one of the following applies:
(1) The decision is fraudulent.
(2) The contractor has timely appealed an adverse decision of the commissioner to
the court in accordance with R.S. 39:1691(C). If the evidence, as reasonably interpreted,
supports the commissioner's decision, then the commissioner of administration's decision is
given great weight and shall not be reversed or modified in the absence of a clear showing
that the decision was arbitrary or capricious.

Legislative History

Added by Acts 1979, No. 715, §1, eff. July 1, 1980; Acts 2014, No. 864, §2, eff. Jan. 1, 2015; Acts 2025, No. 5, §1, eff. June 11, 2025.