North Dakota Code 10-33-147 – Transaction by a nonprofit corporation or entity operating or controlling a hospital or nursing home – Attorney general decision
The attorney general may bring proceedings to secure compliance with sections 10-33-144 through 10-33-149 in the district court of the county in which the hospital or nursing home is located. If the attorney general determines consummation of the proposed transaction or agreement is not consistent with the fiduciary obligations of the nonprofit corporation or entity operating or controlling a hospital or nursing home and the corporation’s officers and directors, or is not in accordance with law, the attorney general may bring proceedings in the district court of the county in which the hospital or nursing home is located to enjoin the consummation of the proposed transaction or agreement or to secure any other relief available under the law. In a district court action brought under this section, the attorney general’s decision is subject to de novo review by the court. If the attorney general substantially prevails in an action brought under this section, the attorney general is entitled to an award of attorney’s fees, investigation fees, costs, and expenses of any investigation and action brought under this section. The court shall award attorney’s fees to the attorney general under this section based upon the hourly rates the attorney general charges to state agencies for the attorney general’s legal services. A court may not apply the limitation on the rate of the attorney general’s attorney’s fees under this section as a limitation on an award of attorney’s fees to the attorney general under any other section.
Terms Used In North Dakota Code 10-33-147
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Fiduciary: A trustee, executor, or administrator.
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See North Dakota Code 1-01-49
Failure of the attorney general to take action on a proposed agreement or transaction described in sections 10-33-144 through 10-33-149 does not constitute approval of the transaction and does not prevent the attorney general from taking other action.