LD 1673
pg. 7
Page 6 of 16 An Act To Implement the Recommendations of the Commission to Study Maine's Comm... Page 8 of 16
Download Bill Text
LR 2373
Item 1

 
(3) In any certificate issued under this subsection the
department shall require the applicants to report
periodically the extent of their compliance with any
conditions issued under this paragraph. The department
shall review the applicant's submission and compliance
and report the results of its review to the Attorney
General. Reviews are required as follows:

 
(a) For transactions not involving mergers, at
least once in the first 39 months after issuance
of the certificate; and

 
(b) For transactions involving mergers, between
27 and 39 months after issuance of the
certificate. In this review the department also
shall analyze the extent to which benefits have
been achieved by the merger.

 
D.__The department shall maintain on file all cooperative
agreements for which certificates of public advantage remain
in effect.__Any party to a cooperative agreement who
terminates the agreement shall file a notice of termination
with the department within 30 days after termination.

 
5. Review by Attorney General. The department shall consult
with the Attorney General regarding its evaluation of any
potential reduction in competition resulting from a cooperative
agreement.

 
6. Certificate termination and enforcement. If the
department determines that the likely benefits resulting from a
certified agreement no longer outweigh any disadvantages
attributable to any potential reduction in competition resulting
from the agreement, the department may initiate proceedings to
terminate the certificate of public advantage. The department
may institute proceedings to enforce any conditions included in
the certificate if it determines that the applicants are not in
substantial compliance with such conditions. All proceedings
under this subsection must be conducted under Title 5, chapter
375, subchapter IV.

 
7. Recordkeeping. The department shall maintain on file all
cooperative agreements for which certificates of public advantage
remain in effect. Any party to a cooperative agreement who
terminates the agreement shall file a notice of termination with
the department within 30 days after termination.

 
Sec. 6. 22 MRSA §1883-A is enacted to read:


Page 6 of 16 Top of Page Page 8 of 16