(a) Injunctive relief against violations of this chapter or regulations adopted under this chapter may be obtained from a court of competent jurisdiction at the instance of the commissioner, a holder of a certificate of need who is adversely affected in the exercise of the activities conducted in violation of the certificate, or any member of the public substantially and adversely affected by the violation. Upon written request by the commissioner, the attorney general shall furnish legal services and pursue the action for injunctive relief to an appropriate conclusion.
(b) A person who files an accusation seeking suspension or revocation of a certificate of need, knowing that the charges are untrue or that the charges do not constitute grounds for revocation or suspension under this chapter, is guilty of a misdemeanor and upon conviction is punishable by a fine of not more than $1,000. The sponsor or holder of a certificate of need injured by the violation of AS 18.07.081(e) may recover damages for loss incurred by reason of delay caused by a suspension.
Structure Alaska Statutes
Title 18. Health, Safety, Housing, Human Rights, and Public Defender
Chapter 07. Certificate of Need Program
Sec. 18.07.021. Administration.
Sec. 18.07.031. Certificate of need required; relocations.
Sec. 18.07.035. Application and fees.
Sec. 18.07.045. Time standards for review of applications for certificates of need.
Sec. 18.07.051. Terms of issuance of the certificate.
Sec. 18.07.061. Modification and termination of activities.
Sec. 18.07.071. Temporary and emergency certificates.
Sec. 18.07.081. Proceedings for modification, suspension, and revocation.
Sec. 18.07.091. Injunctive relief; penalties; right of action.