LD 2110
pg. 8
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LR 3274
Item 1

 
7.__Attorney General enforcement.__The Attorney General may
file an action in Superior Court to enforce any final action
taken by the department under this section.__In the event that
the Attorney General files an action pursuant to its separate
authority outlined in section 1848, pending department
proceedings in accordance with this section are stayed pursuant
to section 1848, subsection 2.

 
§1845.__Continuing supervision

 
Continuing supervision of holders of certificates of public
advantage under this chapter may consist of periodic reports,
supervisory reviews and additional supervisory activities.

 
1.__Periodic report and supervisory review.__With regard to a
certificate of public advantage approved under this chapter, the
certificate holder shall report periodically to the department on
the extent of the benefits realized and compliance with other
terms and conditions of the certificate.__The certificate holder
shall submit copies of the report to the Attorney General and to
the Governor's Office of Health Policy and Finance at the time
the report is filed with the department.__The Attorney General
and the Governor's Office of Health Policy and Finance may submit
to the department comments on the report filed under this
subsection.__The department shall consider any comments on the
report from the Attorney General and the Governor's Office of
Health Policy and Finance in the course of its evaluation of the
certificate holder's report.__Within 60 days of receipt of the
certificate holder's report, the department shall make findings
regarding the report, including responses to any comments from
the Attorney General and the Governor's Office of Health Policy
and Finance, determine whether to institute additional
supervisory activities under this section and notify the
certificate holder.

 
2.__Additional supervisory activities. The provisions of this
subsection apply to additional supervisory activities determined
necessary under subsection 1.

 
A.__The department shall conduct additional supervisory
activities whenever requested by the Attorney General or the
Governor's Office of Health Policy and Finance, or whenever
the department, in its discretion, determines those
activities appropriate, and:

 
(1) For certificates of public advantage not involving
mergers, at least once in the first 18 months after the
transaction described in the cooperative agreement has
closed; and


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