TITLE 37
Public Property and Works

CHAPTER 37-2
State Purchases

SECTION 37-2-51


§ 37-2-51 Decision presumed to be correct.

The decision of any official, board, agent, or other person appointed by the state concerning any controversy arising under or in connection with the solicitation or award of a contract shall be entitled to a presumption of correctness. The decision shall not be disturbed unless it was: procured by fraud; in violation of constitutional or statutory provisions; in excess of the statutory authority of the agency; made upon unlawful procedure; affected by other error or law; clearly erroneous in view of the reliable, probative, and substantial evidence on the whole record; arbitrary; capricious; characterized by an abuse of discretion; or clearly unwarranted exercise of discretion.

History of Section.
(P.L. 1989, ch. 526, § 2; P.L. 1997, ch. 326, § 158.)