§ 10-33-147 — Transaction by a nonprofit corporation or entity operating or controlling a hospital or nursing home - Attorney general decision

North Dakota § 10-33-147

• Jurisdiction: North Dakota
• Title 10: Corporations
• Ch. 10-33: Nonprofit Corporations

Text

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.
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.