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within the scope of the conservator's duties in the same manner and | | to the same extent as employees of governmental entities are under | | the Maine Tort Claims Act. |
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| | | 10.__Judicial review.__Any person affected adversely by any | | act or omission of the superintendent or conservator under this | | section or section 367-A may bring an action in the Superior | | Court of Kennebec County seeking an order annulling, altering or | | modifying the act or enjoining the performance of the act or | | requiring action to be taken under any provision of this section. |
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| | | A.__The proceedings must be given precedence over other | | pending court cases and must be expedited.__The person | | bringing the action has the burden of proof to show that the | | act or omission is unlawful or arbitrary and capricious.__ | | Only the financial institution may bring an action | | challenging the superintendent's order establishing the | | conservatorship.__The court must uphold the superintendent's | | order establishing the conservatorship and the appointment | | of a conservator unless the court finds that the | | superintendent's action was unlawful or arbitrary and | | capricious. |
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| | | B.__The person must bring the action under paragraph A | | within 10 business days after receiving notice of the act or | | omission in person, by registered mail or by publication of | | a certificate signed by the conservator, by the | | superintendent or by the president, treasurer or clerk of | | the financial institution in a newspaper of general | | circulation in the county where the financial institution | | has its principal office. |
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| | | C.__Notwithstanding paragraph B, action may not be brought | | more than 30 days after the order of the superintendent | | under subsection 8. |
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| | | D.__The court may issue injunctions to prevent multiplicity | | of proceedings seeking to annul, alter or modify the actions | | of the superintendent or the conservator made under the | | provisions of this chapter or to prevent undue interference | | with the regulation and conservation of the financial | | institution. |
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| | | E.__The court, upon application by the superintendent or | | conservator, has jurisdiction to enforce orders relating to | | the conservatorship and the financial institution in | | conservatorship. |
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| | | F.__Notwithstanding Title 5, section 8003, the Maine | | Administrative Procedure Act does not apply to the | | procedures described in this subsection. |
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