2011 Louisiana Laws
Revised Statutes
TITLE 42 — Public officers and employees
RS 42:1152 — Rescission of action of a governmental entity

LA Rev Stat § 42:1152 What's This?

§1152. Rescission of action of a governmental entity

A. Subject to the limitations hereinafter set forth, the board or panel may cancel or rescind any contract of or permit or license issued by a governmental entity without liability to the governmental entity when:

(1) The board or panel has found that a violation of law within the jurisdiction of the board has influenced the issuing of the permit or license or the making of such contract.

(2) The board or panel finds under all of the circumstances that the interests of the governmental entity so require; however, such rescission is to be limited so as to not adversely affect the interests of innocent third parties.

B. The finding referred to in Subsection A of this Section shall be made in accordance with the procedures set forth in R.S. 42:1141 and shall be subject to judicial review in accordance with the provisions of R.S. 42:1142, provided that the board or panel may suspend the contract, permit, or license of the governmental entity subject to the limitations in Paragraph A(2) of this Section pending the determination of the merits of the controversy.

Acts 1979, No. 443, §1, eff. April 1, 1980; Acts 1988, No. 581, §1; Acts 1996, 1st Ex. Sess., No. 64, §6, eff. Jan. 1, 1997.

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