|
within the scope of the conservator's duties in the same manner and | to the same extent as employees of governmental entities are under | the Maine Tort Claims Act. |
|
| | 10.__Judicial review.__Any person affected adversely by any | act or omission of the superintendent or conservator under this | section or section 367-A may bring an action in the Superior | Court of Kennebec County seeking an order annulling, altering or | modifying the act or enjoining the performance of the act or | requiring action to be taken under any provision of this section. |
|
| A.__The proceedings must be given precedence over other | pending court cases and must be expedited.__The person | bringing the action has the burden of proof to show that the | act or omission is unlawful or arbitrary and capricious.__ | Only the financial institution may bring an action | challenging the superintendent's order establishing the | conservatorship.__The court must uphold the superintendent's | order establishing the conservatorship and the appointment | of a conservator unless the court finds that the | superintendent's action was unlawful or arbitrary and | capricious. |
|
| B.__The person must bring the action under paragraph A | within 10 business days after receiving notice of the act or | omission in person, by registered mail or by publication of | a certificate signed by the conservator, by the | superintendent or by the president, treasurer or clerk of | the financial institution in a newspaper of general | circulation in the county where the financial institution | has its principal office. |
|
| C.__Notwithstanding paragraph B, action may not be brought | more than 30 days after the order of the superintendent | under subsection 8. |
|
| D.__The court may issue injunctions to prevent multiplicity | of proceedings seeking to annul, alter or modify the actions | of the superintendent or the conservator made under the | provisions of this chapter or to prevent undue interference | with the regulation and conservation of the financial | institution. |
|
| E.__The court, upon application by the superintendent or | conservator, has jurisdiction to enforce orders relating to | the conservatorship and the financial institution in | conservatorship. |
|
| F.__Notwithstanding Title 5, section 8003, the Maine | Administrative Procedure Act does not apply to the | procedures described in this subsection. |
|
|