§ 51:2370.5 — Administrative and judicial review

Louisiana § 51:2370.5

• Jurisdiction: Louisiana
• Title 51: Trade and Commerce

Text

§2370.5. Administrative and judicial review
A.(1) An aggrieved party may submit a protest of an award in accordance with this
Section. The period for protesting an award shall be thirty days from the announcement of
an award. Protests shall be submitted in writing, accompanied by all supporting
documentation, and shall be considered by the office in connection with the review of the
application and award. Any provider submitting a protest shall attest that the information in
the protest is accurate and that the protest is submitted in good faith. The office may deny any
protest or application that contains inaccurate information.
(2) The director or his designee shall have authority, prior to the commencement of
an action in court concerning a protest arising under this Subpart, to settle and resolve the
protest of an aggrieved party concerning a grant award. An aggrieved party may also submit
a protest of eligibility of an application only if the aggrieved party has facilities in the area
or intends to deploy broadband services within the next twenty-four months, as a result of
receiving public funds specifically for broadband deployment or if the aggrieved party is
seeking to privately fund broadband deployment in accordance with R.S. 51:2370.3. This
authority shall be exercised in accordance with applicable regulations.
(3) If the basis of the protest of an award is that an application proposes to serve an
area that is already served, the office may utilize speed tests that conform to the methodology
employed in the Federal Communications Commission's "Measuring Broadband America"
report to determine if the protested area or individual households or businesses currently
have access to broadband service as defined in this Subpart. All decisions regarding the
speed test to be utilized and the manner by which the speed tests are applied shall be made
by the director or his designee.
B. If the protest is not resolved by mutual agreement, the director or his designee
shall, within seven days, issue a decision in writing. The decision shall:
(1) State the reasons for the action taken.
(2) Inform the protestant of its right to administrative and judicial review as provided
in this Subpart.
C. A copy of the decision required by Subsection B of this Section shall be mailed
or otherwise furnished immediately to the protestant and any other party intervening.
D. A decision required by Subsection B of this Section shall be final and conclusive
unless one of the following applies:
(1) The decision is fraudulent.
(2) The party adversely affected by the decision has timely appealed to the
commissioner of administration in accordance with Subsection E of this Section.
E. The aggrieved party shall file an appeal with the commissioner of administration
within ten days of receipt of a decision issued pursuant to Subsection B of this Section. The
commissioner of administration shall have the authority to review and determine any appeal
by an aggrieved party from a determination by the director or his designee.
F. On any appeal filed pursuant to Subsection E of this Section, the commissioner
shall decide within fourteen days whether the decision concerning a grant application was
in accordance with this state's constitution, statutes, and regulations, and the terms and
conditions of the application. Any prior determinations by the director or his designee shall
not be final or conclusive.
G. A copy of the decision issued pursuant to Subsection F of this Section shall be
mailed or otherwise furnished immediately to the protestant and any other party intervening.
H. A decision issued pursuant to Subsection F of this Section shall be final and
conclusive unless one of the following applies:
(1) The decision is fraudulent.
(2) The party adversely affected by the decision has appealed to the court as provided
for in Subsection I of this Section.
I. The aggrieved party shall file an appeal in the Nineteenth Judicial District Court
within seven days of receipt of a decision issued pursuant to Subsection F of this Section.
The Nineteenth Judicial District Court shall have exclusive venue over an action between the
state and any aggrieved party to determine whether an award of a grant is in accordance with
this state's constitution, statutes, and regulations. Such actions shall extend to all kinds of
actions, whether for monetary damages or for declaratory, injunctive, or other equitable
relief.
J. Any party aggrieved by a final judgment or interlocutory order or ruling of the
Nineteenth Judicial District Court may appeal or seek review thereof, as the case may be, to
the Louisiana Court of Appeal, First Circuit or the Supreme Court of Louisiana, as otherwise
permitted in civil cases by law and the constitution of this state. If a court has found in a
final judgment that an applicant or protestor has incorrectly designated a location as served
or unserved, the office may assess a civil penalty of up to one thousand dollars per
incorrectly designated location identified in the GUMBO award process and disputed in
litigation.

Legislative History

Acts 2021, No. 477, §1, eff. July 1, 2021; Acts 2022, No. 288, §2; Acts 2023, No. 383, §3A.