|
§1883-A.__Continuing supervision |
|
| | 1.__Periodic reports.__In any certificate of public advantage | issued under section 1883, the reviewing agencies shall require | the applicant to report periodically on the extent of the | benefits realized and, in the case of any certificate containing | conditions, its compliance with any conditions issued under this | chapter.__The reviewing agencies shall evaluate the applicant's | submission and compliance and within 30 days of receipt of the | submission issue a report of their findings.__Reviews are | required as follows: |
|
| A.__For transactions not involving mergers, at least once in | the first 12 months after issuance of the certificate; and |
|
| B.__For transactions involving mergers, between 12 and 24 | months after issuance of the certificate. |
|
| | 2.__Supervisory proceedings.__At any time, one or more of the | reviewing agencies may initiate supervisory proceedings for the | purpose of evaluating compliance with any conditions imposed in | the certificate of public advantage or for the purpose of | determining whether, in their estimation, the likely benefits | resulting from a certified agreement continue to outweigh the | likely disadvantages attributable to any potential reduction in | competition resulting from the agreement.__Supervisory | proceedings are governed by the procedures set forth in section | 1883, subsection 3. |
|
| | Sec. 7. 22 MRSA §1885, as amended by PL 1995, c. 583, §§8 to 12, is | repealed. |
|
| | Sec. 8. 22 MRSA §1886, as amended by PL 1995, c. 583, §§13 and 14, | is further amended to read: |
|
| §1886. Effect of certification; applicability |
|
| | 1. Validity of certified cooperative agreements. | Notwithstanding Title 5, chapter 10, Title 10, chapter 201 or any | other provision of law, a cooperative agreement for which a | certificate of public advantage has been issued is a lawful | agreement. Notwithstanding Title 5, chapter 10, Title 10, | chapter 201 or any other provision of law, if the parties to a | cooperative agreement file an application for a certificate of | public advantage governing the agreement with the department | reviewing agencies, the conduct of the parties in negotiating and | entering into a cooperative agreement is lawful conduct. Nothing | in this subsection immunizes any person for conduct in | negotiating and entering into a cooperative agreement for which | an application for a certificate of public advantage is not | filed. |
|
|