Alaska Statutes
Alaska Stat. § 18.07.091 (2026)
Injunctive relief; penalties; right of action
✓ current as of July 2026
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Sec. 18.07.091. Injunctive relief; penalties; right of action.
(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.
(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.
Notes of Decisions
Cited in 5
cases (1 in the last 5 years), 1981–2026 · leading case: Mat-Su Valley Med. Ctr., LLC v. Advanced Pain Centers of Alaska, Inc., 218 P.3d 698 (Alaska 2009).
Mat-Su Valley Med. Ctr., LLC v. Advanced Pain Centers of Alaska, Inc., 218 P.3d 698 (Alaska 2009). “Mat-Su sought to enjoin construction and operation of Advanced Pain's Wasilla surgery center under AS 18.07.091 and requested a declaratory judgment that the commissioner's CON determination was contrary to law and therefore void.”
Fuhs v. Gilbertson, 186 P.3d 551 (Alaska 2008). “First, the court determined that Fuhs lacked standing to request injunctive relief under AS 18.07.091(a) because he had not shown he would be "substantially and adversely affected" by construction of the open-bore MRI facility.”
Sisters of Providence in Washington, Inc. v. Dep't of Health & Soc. Servs., 648 P.2d 970 (Alaska 1982). “AS 18.07.091(a). While these provisions do not specifically confer standing, they do illustrate a legislative recognition of Providence’s interest in the Department’s decisions.”
South Cent. Health Plan. & Dev., Inc. v. Comm'r of the Dep't of Admin., 628 P.2d 551 (Alaska 1981). “Under AS 18.07.091(a), South Central qualifies as a “member of the public substantially and adversely affected.”
Maple Springs Mgmt., LLC a Utah Ltd. Liab. Co. v. State of Alaska, Dep't of Health (Alaska 2026). “See AS 18.07.091(a): Injunctive relief against violations of [the certificate of need] 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…”
— Alaska Stat. § 18.07.091(2) — 1 case
Mat-Su Valley Med. Ctr., LLC v. Advanced Pain Centers of Alaska, Inc., 218 P.3d 698 (Alaska 2009). “Mat-Su sought to enjoin construction and operation of Advanced Pain's Wasilla surgery center under AS 18.07.091 and requested a declaratory judgment that the commissioner's CON determination was contrary to law and therefore void.”
— Alaska Stat. § 18.07.091(a) — 5 cases
Mat-Su Valley Med. Ctr., LLC v. Advanced Pain Centers of Alaska, Inc., 218 P.3d 698 (Alaska 2009). “Mat-Su sought to enjoin construction and operation of Advanced Pain's Wasilla surgery center under AS 18.07.091 and requested a declaratory judgment that the commissioner's CON determination was contrary to law and therefore void.”
Fuhs v. Gilbertson, 186 P.3d 551 (Alaska 2008). “First, the court determined that Fuhs lacked standing to request injunctive relief under AS 18.07.091(a) because he had not shown he would be "substantially and adversely affected" by construction of the open-bore MRI facility.”
Sisters of Providence in Washington, Inc. v. Dep't of Health & Soc. Servs., 648 P.2d 970 (Alaska 1982). “AS 18.07.091(a). While these provisions do not specifically confer standing, they do illustrate a legislative recognition of Providence’s interest in the Department’s decisions.”
South Cent. Health Plan. & Dev., Inc. v. Comm'r of the Dep't of Admin., 628 P.2d 551 (Alaska 1981). “Under AS 18.07.091(a), South Central qualifies as a “member of the public substantially and adversely affected.”
Maple Springs Mgmt., LLC a Utah Ltd. Liab. Co. v. State of Alaska, Dep't of Health (Alaska 2026). “See AS 18.07.091(a): Injunctive relief against violations of [the certificate of need] 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…”
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