[§46-176]  Rights of parties to qui tamactions.  (a)  If a county proceeds with an action under section 46-175,the county shall have the primary responsibility for prosecuting the action andshall not be bound by an act of the person bringing the action.  The personshall have the right to continue as a party to the action, subject to thefollowing limitations:

(1)  The county may dismiss the action notwithstandingthe objections of the person initiating the action if the court determines,after a hearing on the motion, that dismissal should be allowed;

(2)  The county may settle the action with thedefendant notwithstanding the objections of the person initiating the action ifthe court determines, after a hearing, that the proposed settlement is fair, adequate,and reasonable.  Upon a showing of good cause, the hearing may be held incamera;

(3)  The court, upon a showing by the county thatunrestricted participation during the course of the litigation by the personinitiating the action would interfere with or unduly delay the county'sprosecution of the case, or would be repetitious, irrelevant, or for purposesof harassment, may, in its discretion, impose limitations on the person'sparticipation by:

(A)  Limiting the number of witnesses theperson may call;

(B)  Limiting the length of the testimony ofthe witnesses;

(C)  Limiting the person's cross-examination ofwitnesses; or

(D)  Otherwise limiting the participation bythe person in the litigation.

(b)  The defendant, by motion upon the court, mayshow that unrestricted participation during the course of the litigation by theperson initiating the action would be for purposes of harassment or would causethe defendant undue burden or unnecessary expense.  At the court's discretion,the court may limit the participation by the person in the litigation.

(c)  If the county elects not to proceed withthe action, the person who initiated that action shall have the right toconduct the action.  If the county so requests, it shall be served with copies ofall pleadings filed in the action and shall be supplied with copies of alldeposition transcripts at the county's expense.  When a person proceeds withthe action, the court, without limiting the status and rights of the personinitiating the action, may nevertheless permit the county to intervene at alater date upon showing of good cause.

(d)  Regardless of whether the county proceedswith the action, upon motion and a showing by the county that certain actionsof discovery by the person initiating the action would interfere with thecounty's investigation or prosecution of a criminal or civil matter arising outof the same facts, the court may stay the discovery for a period of not morethan sixty days.  The court may extend the sixty-day period upon a motion andshowing by the county that the county has pursued the investigation orprosecution of the criminal or civil matter with reasonable diligence and theproposed discovery would interfere with the ongoing investigation orprosecution of the criminal or civil matter.

(e)  Notwithstanding section 46-175, the countymay elect to pursue its claim through any alternate remedy available to thecounty, including any administrative proceedings to determine civil monetarypenalties.  If any alternate remedy is pursued in another proceeding, theperson initiating the action shall have the same rights in the proceedings asthe person would have had if the action had continued under this section.  Anyfinding of fact or conclusion of law made in the other proceeding that becomesfinal shall be conclusive on all parties to an action under this section.

(f)  Regardless of whether the county elects toproceed with the action, the parties to the action shall receive court approvalof any settlements reached. [L 2001, c 227, pt of §1]