Louisiana Revised Statutes 47:9017 – Appeals; judicial review
Terms Used In Louisiana Revised Statutes 47:9017
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Applicant: means a person, business, or legal entity who has submitted an application to the corporation seeking a permit or the renewal of a permit. See Louisiana Revised Statutes 47:9002
- Board: means the board of directors of the Louisiana Lottery Corporation. See Louisiana Revised Statutes 47:9002
- Contract: A legal written agreement that becomes binding when signed.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Corporation: means the Louisiana Lottery Corporation. See Louisiana Revised Statutes 47:9002
- Fraud: Intentional deception resulting in injury to another.
- Lottery: means any game of chance approved by the corporation and operated pursuant to this Chapter and shall not include sports wagering authorized pursuant to this Subtitle. See Louisiana Revised Statutes 47:9002
- Person: means any individual, corporation, partnership, unincorporated association, or other legal entity. See Louisiana Revised Statutes 47:9002
- President: means the president of the Louisiana Lottery Corporation, who shall also serve as chief executive officer of the corporation. See Louisiana Revised Statutes 47:9002
- Remand: When an appellate court sends a case back to a lower court for further proceedings.
- Retailer: means any person with whom the corporation has contracted to sell lottery tickets to the public. See Louisiana Revised Statutes 47:9002
- Subtitle: means and includes all the Chapters in Subtitle II of this Title 47 and any other Title of the Louisiana Revised Statutes of 1950 except the provisions of Chapter 1 of Subtitle IV of Title 47 of the Louisiana Revised Statutes of 1950 and estate taxes for the assessment, collection, administration, and enforcement of taxes, fees, licenses, penalties, and interest due the state of Louisiana which have been delegated to the Department of Revenue. See Louisiana Revised Statutes 47:1501
- Vendor: means any person who has entered into a major procurement contract with the corporation. See Louisiana Revised Statutes 47:9002
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.