LD 949
pg. 8
Page 7 of 14 An Act To Enhance the Supervisory Powers of the Department of Professional and ... Page 9 of 14
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LR 444
Item 1

 
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.


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