Louisiana Administrative Code
Title 4 - ADMINISTRATION
Part VII - Governor's Office
Chapter 3 - Engineers Selection Board
Subchapter B - Selection Procedure
Section VII-337 - Selection Procedure [Formerly Section341]

Universal Citation: LA Admin Code VII-337

Current through Register Vol. 50, No. 9, September 20, 2024

A. After the deadline for applications, the Office of Facility Planning and Control shall forward copies of the applications, together with any available description of the job, to the board members.

B. The selection procedure shall be as follows.

1. The user agency shall present the scope of the project and make its recommendations, with supporting data, of an applicant or applicants for the project under consideration.

2. The board shall discuss the applications and user agency recommendations.

3.
a. The board shall then take a weighted vote with points awarded as follows:
i. first choice-three points;

ii. second choice-two points;

iii. third choice-one point.

b. Each board member present shall, by written ballot vote for his/her first, second, and third choice of applicants for each project.

c. A ballot without all three choices shall not be considered, however:
i. where fewer than six applicants have applied, board members may vote for only a first and second choice of applicants;

ii. where there are three or fewer applicants, board members may vote for only one applicant;

iii. in all cases, board members may abstain from voting entirely.

4. The secretary shall tabulate these ballots aloud and report to the board the results of the balloting.

5. If, as a result of the weighted vote, an applicant receives a majority of first place votes, the selection shall be awarded to that applicant and a second ballot will not be required.

6.
a. If, as a result of the weighted vote, the first place choice does not receive a majority of first place votes, the two applicants receiving the most points as a result of the weighted vote shall be considered nominated, and will then be voted on by written ballot with each board member having one vote. The results of this balloting shall be announced by the secretary. The applicant selected must receive a majority vote.

b. In case of a tie for nomination under §337.B.6 a, there shall be a runoff election to reduce the nominees to two in accordance with procedures prescribed in §337.B.6 a

7. In the event no applicant receives a majority vote for selection under §337.B.6 a, a discussion will be held, and new balloting for selection shall take place by written ballot with each board member having one vote.

8. In the event no applicant receives a majority vote for selection by a third ballot, the selected applicant shall then be decided by a coin toss conducted by the chairperson.

9. The selection of an applicant by the board shall be final unless formal charges of having submitted false information required by R.S. 38:2313 are made against the selected applicant by the Office of Facility Planning and Control, in writing, with proper accompanying documentation, to the board members and the selected applicant within seven days of the selection. When a formal charge is made, the board shall, within 10 calendar days, hold a hearing at which time the evidence of false information shall be presented and the selected applicant shall be given the opportunity to present rebuttal. If the board determines that the charges of false information are not sufficiently documented, the selection shall become final. If the board determines that the information was false, the application will be rejected and the project re-advertised. The applicant shall be allowed to reapply.

AUTHORITY NOTE: Promulgated in accordance with R.S. 38:2313.

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