[ §661-31] Certain actions barred.

225 words·~1 min read·/hi/chapter-661/661-31

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)In no event may a person bring an action under this part that is based upon allegations or transactions which are the subject of a civil suit or an administrative civil money penalty proceeding in which the State is already a party.

(b)The court shall dismiss an action or claim under this part, unless opposed by the State, if the allegations or transactions alleged in the action or claim are substantially the same as those publicly disclosed:

(1)In a state criminal, civil, or administrative hearing in which the State or its agent is a party;

(2)In a state legislative or other state report, hearing, audit, or investigation; or

(3)By the news media,

unless the action is brought by the attorney general or the person bringing the action is an original source of the information.

(c)For purposes of this section, "original source" means an individual who:

(1)Prior to public disclosure under subsection (b), has voluntarily disclosed to the State the information on which the allegations or transactions in a claim are based; or

(2)Has knowledge that is independent of and materially adds to the publicly disclosed allegations or transactions, and who has voluntarily provided the information to the State before filing an action under this part. [L 2012, c 294, pt of §5]