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



(1)  The county may dismiss the action notwithstanding
the 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 the
defendant notwithstanding the objections of the person initiating the action if
the 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 in
camera;



(3)  The court, upon a showing by the county that
unrestricted participation during the course of the litigation by the person
initiating the action would interfere with or unduly delay the county's
prosecution of the case, or would be repetitious, irrelevant, or for purposes
of harassment, may, in its discretion, impose limitations on the person's
participation by:



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



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



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



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



(b)  The defendant, by motion upon the court, may
show that unrestricted participation during the course of the litigation by the
person initiating the action would be for purposes of harassment or would cause
the 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 with
the action, the person who initiated that action shall have the right to
conduct the action.  If the county so requests, it shall be served with copies of
all pleadings filed in the action and shall be supplied with copies of all
deposition transcripts at the county's expense.  When a person proceeds with
the action, the court, without limiting the status and rights of the person
initiating the action, may nevertheless permit the county to intervene at a
later date upon showing of good cause.



(d)  Regardless of whether the county proceeds
with the action, upon motion and a showing by the county that certain actions
of discovery by the person initiating the action would interfere with the
county's investigation or prosecution of a criminal or civil matter arising out
of the same facts, the court may stay the discovery for a period of not more
than sixty days.  The court may extend the sixty-day period upon a motion and
showing by the county that the county has pursued the investigation or
prosecution of the criminal or civil matter with reasonable diligence and the
proposed discovery would interfere with the ongoing investigation or
prosecution of the criminal or civil matter.



(e)  Notwithstanding section 46-175, the county
may elect to pursue its claim through any alternate remedy available to the
county, including any administrative proceedings to determine civil monetary
penalties.  If any alternate remedy is pursued in another proceeding, the
person initiating the action shall have the same rights in the proceedings as
the person would have had if the action had continued under this section.  Any
finding of fact or conclusion of law made in the other proceeding that becomes
final shall be conclusive on all parties to an action under this section.



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