LD 1673
pg. 8
Page 7 of 16 An Act To Implement the Recommendations of the Commission to Study Maine's Comm... Page 9 of 16
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LR 2373
Item 1

 
§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repealed.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.


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