§9017.  Appeals; judicial review

A.  Any retailer, vendor, or applicant for a retailer or vendor contract aggrieved by an action of the president of the corporation may appeal that decision to the board within ten days of the decision of the president in accordance with the regulations of the board.  

B.  All appeals before the board shall be decided within five days after conclusion of the hearing.  

C.  Any person aggrieved by a decision of the board may appeal the decision to the district court of the parish in which the corporation is domiciled within ten days of the date of the decision of the board.  

D.  The district court shall hear appeals from the board and based upon the record of the board proceedings may reverse the decision of the board only if the appellant proves the decision to be:

(1)  Clearly erroneous;

(2)  Arbitrary and capricious;

(3)  Procured by fraud;

(4)  A result of substantial misconduct by the board, or a member thereof; or

(5)  Contrary to the federal or state constitution or the provision of this Subtitle.  

E.  The district court may remand an appeal to the board to conduct further hearings necessary to adjudicate the appeal.  

F.  Any person who appeals the award of a major lottery procurement for the supply of a lottery ticket or an on-line lottery system shall be liable for all costs of appeal and defense in the event the appeal is denied or the contract award upheld.  Costs of appeal and defense shall specifically include but not be limited to court costs, bond, legal fees, and loss of income to the corporation resulting from institution of the appeal if, upon the motion of the corporation, the court finds the appeal to have been frivolous.  

Acts 1990, No. 1045, §1, eff. Nov. 7, 1990; Acts 1993, No. 198, §1, eff. June 1, 1993.