LD 2110
pg. 10
Page 9 of 16 An Act To Establish the Hospital and Health Care Provider Cooperation Act Page 11 of 16
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LR 3274
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taken by the department as a result of additional supervisory
proceedings under this section.__In the event that the Attorney
General files an action pursuant to its separate authority outlined
in section 1848, any pending department proceedings are stayed
pursuant to section 1848, subsection 7.

 
6.__Fees and costs.__If the department prevails in an action
under this section, the department and the Attorney General are
entitled to an award of the reasonable costs of deposition
transcripts incurred in the course of the action and reasonable
attorney's fees, expert witness fees and court costs incurred in
the action.

 
§1846.__Record keeping

 
The department shall maintain records of all applications for
a certificate of public advantage, together with the records of
all submissions, comments, reports and department proceedings
with respect to those applications, certificates approved by the
department, continuing supervision and any other proceedings
under this chapter.

 
§1847. Judicial review of department action

 
An applicant, certificate holder or intervenor aggrieved by a
final decision of the department in granting or denying an
application for a certificate of public advantage, refusing to
act on an application or imposing additional conditions or
measures with regard to a certificate of public advantage is
entitled to judicial review of the final decision in accordance
with the Maine Administrative Procedure Act.

 
§1848.__Attorney General authority

 
1.__Investigative powers.__The Attorney General, at any time
after an application or letter of intent is filed under section
1844, subsection 2, may require by subpoena the attendance and
testimony of witnesses and the production of documents in
Kennebec County, or the county in which the applicants are
located, for the purpose of investigating whether the cooperative
agreement satisfies the standards set forth in section 1844,
subsection 5. All documents produced and testimony given to the
Attorney General are confidential. The Attorney General may seek
an order from the Superior Court compelling compliance with a
subpoena issued under this section.

 
2.__Court action; time limits.__The Attorney General may seek
to enjoin the operation of a cooperative agreement for which an
application for a certificate of public advantage has been filed
by filing suit against the parties to the cooperative agreement
in Superior Court. The Attorney General may file an


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