Certain actions barred
HRS §46-181
in effect46-181. Certain actions barred
(a) In no event may a person bring an action under this part that is based upon allegations or transactions which are the subject of a civil suit or an administrative civil money penalty proceeding in which a county is already a party.
(b) The court shall dismiss an action or claim
under this part, unless opposed by a county, if the allegations or transactions
alleged in the action or claim are substantially the same as those publicly
disclosed:
(1) In a criminal, civil, or administrative hearing
in which a county or its agent is a party;
(2) In a county council or other county report,
hearing, audit, or investigation; or
(3) By the news media,
unless the action is brought by the county attorney
or the person bringing the action is an original source of the information.
(c) For purposes of this section,
"original source" means an individual who:
(1) Prior to public disclosure under subsection (b),
has voluntarily disclosed to a county the information on which the allegations
or transactions in a claim are based; or
(2) Has knowledge that is independent of and
materially adds to the publicly disclosed allegations or transactions, and who
has voluntarily provided the information to a county before filing an action under
this part.
[L 2012, c 294, pt of §1]
Source: Hawaii State Legislature (capitol.hawaii.gov), via Internet Archive capturesURL: http://www.capitol.hawaii.gov/hrscurrent/Vol02_Ch0046-0115/HRS0046/HRS_0046-0181.htmFetched: 11/10/2026