| | |
action before or after the department acts on the application for a | | certificate; however, the action must be brought no later than 40 | | days following the department's approval of an application for a | | certificate of public advantage. After the filing of a court action | | under this subsection, the department may not take any further | | action under this chapter and the time periods specified for | | departmental action under section 1844, subsection 4 are tolled | | until the court action is dismissed by the Attorney General or the | | Superior Court orders the department to take further action. |
|
| | | 3.__Automatic stay.__Upon the filing of a complaint in an | | action under subsection 2, the department's approval of a | | certificate of public advantage, if previously issued, must be | | stayed unless the court orders otherwise or until the action is | | concluded. The applicant for a certificate may apply to the | | Superior Court for relief from that stay.__Relief may be granted | | only upon showing of compelling justification. The Attorney | | General may apply to the court for any temporary or preliminary | | relief to enjoin the implementation of the cooperative agreement | | pending final disposition of the case. |
|
| | | 4.__Standard for adjudication.__In an action brought under | | subsection 2, the applicant for a certificate of public advantage | | bears the burden of establishing by a preponderance of the | | evidence that, in accordance with section 1844, subsection 5, the | | likely benefits resulting from the cooperative agreement and any | | conditions proposed by the applicants outweigh any disadvantages | | attributable to a reduction in competition that may result from | | the agreement. In assessing disadvantages attributable to a | | reduction in competition likely to result from the agreement, the | | court may draw upon the determinations of federal and Maine | | courts concerning unreasonable restraint of trade under 15 United | | States Code, Sections 1 and 2 and Title 10, sections 1101 and | | 1102. |
|
| | | 5.__Ongoing evaluation of benefits. If, at any time following | | the 40-day period specified in subsection 2, the Attorney General | | determines that, as a result of changed circumstances or | | unanticipated circumstances, the benefits resulting from a | | certified cooperative agreement or a consent decree entered under | | subsection 9 do not outweigh any disadvantages attributable to a | | reduction in competition resulting from the agreement, the | | Attorney General may file suit in the Superior Court seeking to | | revoke the certificate of public advantage. The standard for | | adjudication for an action to revoke brought under this | | subsection is as follows. |
|
| | | A. Except as provided in paragraph B, in an action brought under | | this subsection, the Attorney General has the burden |
|
|
