§ 5-11-5.5-4 — Civil action brought by person on behalf of state; dismissal; service on inspector general and attorney general; intervention by inspector general or attorney general; extension of time

Indiana § 5-11-5.5-4

• Jurisdiction: Indiana
• Title 5: STATE AND LOCAL ADMINISTRATION
• Art. 11: ACCOUNTING FOR PUBLIC FUNDS
• Ch. 5.5: False Claims and Whistleblower Protection

Text

(a) A person may bring a civil action for a
violation of section 2 of this chapter on behalf of the person and on
behalf of the state. The action:
(1) must be brought in the name of the state; and
(2) may be filed in a circuit or superior court in:
(A) the county in which the person resides;
(B) the county in which a defendant resides; or
(C) Marion County.
(b) Except as provided in section 5 of this chapter, an action brought
under this section may be dismissed only if:
(1) the attorney general or the inspector general, if applicable,
files a written motion to dismiss explaining why dismissal is
appropriate; and
(2) the court issues an order:
(A) granting the motion; and
(B) explaining the court's reasons for granting the motion.
(c) A person who brings an action under this section shall serve:
(1) a copy of the complaint; and
(2) a written disclosure that describes all relevant material
evidence and information the person possesses;
on both the attorney general and the inspector general. The person shall
file the complaint under seal, and the complaint shall remain under seal
for at least one hundred twenty (120) days. The complaint shall not be
served on the defendant until the court orders the complaint served on
the defendant following the intervention or the election not to intervene
of the attorney general or the inspector general. The state may elect to
intervene and proceed with the action not later than one hundred
twenty (120) days after it receives both the complaint and the written
disclosure.
(d) For good cause shown, the attorney general or the inspector
general may move the court to extend the time during which the
complaint must remain under seal. A motion for extension may be
supported by an affidavit or other evidence. The affidavit or other
evidence may be submitted in camera.
(e) Before the expiration of the time during which the complaint is
sealed, the attorney general or the inspector general may:
(1) intervene in the case and proceed with the action, in which
case the attorney general or the inspector general shall conduct
the action; or
(2) elect not to proceed with the action, in which case the person
who initially filed the complaint may proceed with the action.
(f) The defendant in an action filed under this section is not required
to answer the complaint until twenty-one (21) days after the complaint
has been unsealed and served on the defendant.
(g) After a person has filed a complaint under this section, no person
other than the attorney general or the inspector general may:
(1) intervene; or
(2) bring another action based on the same facts.
(h) If the person who initially filed the complaint:
(1) planned and initiated the violation of section 2 of this chapter;
or
(2) has been convicted of a crime related to the person's violation
of section 2 of this chapter;
upon motion of the attorney general or the inspector general, the court
shall dismiss the person as a plaintiff.

Legislative History

As added by P.L.222-2005, SEC.23.