[§46-175]  Action by private persons. (a)  A person may bring a civil action for a violation of section 46-171 forthe person and for a county.  The action shall be brought in the name of thecounty.  The action may be dismissed only with the written consent of thecourt, taking into account the best interests of the parties involved and thepublic purposes behind this part.

(b)  A copy of the complaint and writtendisclosure of substantially all material evidence and information the personpossesses shall be served on the county in accordance with the Hawaii rules ofcivil procedure.  The complaint:

(1)  Shall be filed in camera;

(2)  Shall remain under seal for at least sixty days;and

(3)  Shall not be served on the defendant until thecourt so orders.

The county may elect to intervene and proceed withthe action within sixty days after it receives both the complaint and thematerial evidence and information.

(c)  The county, for good cause shown, may movethe court for extensions of the time during which the complaint remains underseal under subsection (b).  Any such motions may be supported by affidavits orother submissions in camera.  The defendant shall not be required to respond toany complaint filed under this section until twenty days after the complaint isunsealed and served upon the defendant in accordance with the Hawaii rules ofcivil procedure.

(d)  Before the expiration of the sixty-dayperiod or any extension obtained, the county shall:

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

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

(e)  When a person brings an action under thissection, no person other than the county may intervene or bring a relatedaction based on the facts underlying the pending action. [L 2001, c 227, pt of§1]