(1) Any order under the authority of § 68-11-828 that divests the assets of the nursing home resident protection trust shall give to the commissioner, as trustee, a right of action to recover any moneys paid out of the fund against the property of any person or organization who was legally liable for these expenditures.
(2) The action may be brought in the same court in which the other proceedings are pending or in any court having personal jurisdiction over the defendant.