Section 12-8-600.3 - ADMINISTRATIVE PROCEEDINGS(1)Application: This section applies to: a. A protest of a solicitation or award of a Lease Contract addressed to the Public Procurement Review Board by an aggrieved actual or prospective offeror; b. An appeal addressed to the Board of a decision under Section 600.2Protests; and, c. An appeal addressed to the Board of a decision under Section 600.4Authority to Suspend or Debar. (2)Time Limitations: The following time limitations apply to the filing of a protest or an appeal to PPRB: a. For protests addressed to PPRB, the aggrieved person shall file a protest with the Board within seven (7) days after the aggrieved person knew or should have known the facts and circumstances upon which the protest is based. b. For appeals addressed to PPRB of a decision under Section 600.2Protests, the aggrieved person shall file an appeal within seven (7) days of receipt of such decision. c. For appeals addressed to PPRB of a decision under Section 600.4Authority to Suspend or Debar, the aggrieved person shall file an appeal within seven (7) days of receipt of such decision. (3)Decision: The following shall apply to decisions made by PPRB: a. For protests and appeals concerning the solicitation or award of Lease Contracts, the Board shall promptly decide whether the solicitation or award was in accordance with the Constitution, statutes, regulations, and the terms and conditions of the solicitation. The proceeding shall be de novo. Any prior determinations by administrative officials shall not be final or conclusive. b. For appeals concerning suspension or debarment, the Board shall promptly decide whether, or the extent to which, the suspension or debarment was in accordance with the Constitution, statutes, regulations and the best interests of the State, and was fair. The proceeding shall be de novo. Any prior determinations by administrative officials shall not be final or conclusive. (4)Standard of Review for Factual Issues: A determination of fact by the Board shall be final and conclusive unless arbitrary, capricious, fraudulent, or clearly erroneous. (5)Appeal of PPRB Decision: Any person receiving an adverse decision concerning the solicitation or award of a Lease Contract or a suspension or debarment action, the State, or both may appeal from a decision by the Public Procurement Review Board to the designated court or courts of the State. No such appeal shall be made by the State unless recommended by the RPM Division Director or the head of the purchasing agency involved and approved by the Attorney General. 12 Miss. Code. R. 8-600.3