(a) Within 60 days after receiving a complaint and disclosure under section 15C.05, the prosecuting attorney shall intervene or decline intervention or, for good cause shown, move the court to extend the time for doing so. The motion may be supported by affidavits or other submissions in chambers.
(b) The complaint must be unsealed after the prosecuting attorney decides whether or not to intervene.
(c) Notwithstanding the prosecuting attorney's decision regarding intervention in an action brought by a plaintiff under section 15C.05, the prosecuting attorney may pursue the claim through any alternate remedy available to the state, including an administrative proceeding to determine a civil monetary penalty. If the prosecuting attorney pursues an alternate remedy in another proceeding, the person initiating the action has the same rights in that proceeding as if the action had continued under section 15C.05. A finding of fact or conclusion of law made in the other proceeding that has become final is conclusive on all parties to an action under section 15C.05. For purposes of this paragraph, a finding or conclusion is final if it has been finally determined on appeal to the appropriate state court, if the time for filing an appeal has expired, or if the finding or conclusion is not subject to judicial review.
2009 c 101 art 2 s 29
Structure Minnesota Statutes
Chapters 15C - 16 — Fraudulent State Claims
Chapter 15C — False Claims Against The State
Section 15C.02 — Liability For Certain Acts.
Section 15C.04 — Responsibilities Of Prosecuting Attorney.
Section 15C.06 — Prosecuting Attorney Intervention; Motion To Extend Time; Unsealing Of Complaint.
Section 15C.07 — Service Of Unsealed Complaint And Response By Defendant.
Section 15C.08 — Prosecuting Attorney And Private Party Roles.
Section 15C.09 — Stay Of Discovery; Extension.
Section 15C.10 — Court-imposed Limitation Upon Participation Of Private Plaintiff In Action.
Section 15C.11 — Limitation Of Actions; Remedies.
Section 15C.12 — Award Of Expenses And Attorney Fees.
Section 15C.13 — Distribution To Private Plaintiff In Certain Actions.
Section 15C.145 — Relief From Retaliatory Actions.
Section 15C.15 — Deposit Of State Funds; False Claims Account.