§ 39:1988 — Complaints

Louisiana § 39:1988

• Jurisdiction: Louisiana
• Title 39: Procurement and Contract

Text

NOTE: This provision of law was included in the Unconstitutional Statutes
Biennial Report to the Legislature, dated March 14, 2016 .
§1988. Complaints
A. Complaints regarding certification of enterprises may be submitted
and shall be processed according to rules and regulations adopted by the
division pursuant to the Administrative Procedure Act, R.S. 49:950 et seq.
B. Any individual, firm, agency, or other person who believes that an
enterprise certified as a minority business enterprise or as a women's business
enterprise does not qualify under the standards of eligibility for certification
may file a complaint with the division.
C. The division shall investigate each complaint as promptly as
resources allow. In no event shall the investigation period, from the time of
receipt of a complaint to the time of completion of the investigation, exceed
sixty days. The enterprise shall cooperate fully in the investigation. The
division shall notify the enterprise of the complaint by certified mail, return
receipt requested. No enterprise shall be decertified based on a complaint
without first having an opportunity to respond to the complaint. Failure of the
enterprise to respond to the complaint within twenty calendar days of mailing
from the division may result in suspension of certification or decertification.
D. The executive director may, at his discretion, suspend the
certification of the enterprise pending the outcome of the investigation after
providing the enterprise seven calendar days' notice by certified mail, return
receipt requested, to show cause in writing why the suspension of certification
should not occur. No suspension shall last more than sixty calendar days.
E. After the investigation is completed, the division shall issue a
written decision either rejecting the complaint or revoking the certification.
The written decision shall be mailed to the enterprise involved and to the
complainant, if known.

Legislative History

Acts 1984, No. 653, §1, eff. July 1, 1984; Acts 1992, No. 797, §2, eff. July 1, 1992.