§661-25  Action by private persons. 
(a)  A person may bring a civil action for a violation of section 661-21 for
the person and for the State.  The action shall be brought in the name of the
State.  The action may be dismissed only with the written consent of the court,
taking into account the best interests of the parties involved and the public
purposes behind this part.



(b)  A copy of the complaint and written
disclosure of substantially all material evidence and information the person
possesses shall be served on the State in accordance with the Hawaii rules of
civil procedure.  The complaint shall be filed in camera, shall remain under
seal for at least sixty days, and shall not be served on the defendant until
the court so orders.  The State may elect to intervene and proceed with the
action within sixty days after it receives both the complaint and the material
evidence and information.



(c)  The State may, for good cause shown, move
the court for extensions of the time during which the complaint remains under
seal under subsection (b).  Any such motions may be supported by affidavits or
other submissions in camera.  The defendant shall not be required to respond to
any complaint filed under this section until twenty days after the complaint is
unsealed and served upon the defendant in accordance with the Hawaii rules of
civil procedure.



(d)  Before the expiration of the sixty-day
period or any extension obtained, the State shall:



(1)  Proceed with the action, in which case the action
shall be conducted by the State and the seal shall be lifted; or



(2)  Notify the court that it declines to take over
the action, in which case the person bringing the action shall have the right
to conduct the action and the seal shall be lifted.



(e)  When a person brings an action under this
section, no person other than the State may intervene or bring a related action
based on the facts underlying the pending action. [L 2000, c 126, pt of §1; am
L 2001, c 55, §28(4)]