(740 ILCS 92/15)
Sec. 15.
Action by interested person.
(a) An interested person, including an insurer, may bring a civil action for
a
violation of
this Act for the person and for the State of Illinois. The action shall be
brought in the name of the
State. The action may be dismissed only if the court and the State's Attorney
or the Attorney
General, whichever is participating, gives written consent to the dismissal
stating their reasons
for consenting.
(b) A copy of the complaint and a written disclosure of substantially all
material evidence
and information the person possesses shall be served on the State's Attorney
and Attorney
General. The complaint shall be filed in camera, shall remain under seal for at
least 60 days, and
shall not be served on the defendant until the court so orders. The State's
Attorney or Attorney
General may elect to intervene and proceed with the action within 60 days after
he or she
receives both the complaint and the material evidence and information. If more
than one
governmental entity elects to intervene, the State's Attorney shall have
precedence.
(c) The State's Attorney or Attorney General may, for good cause shown, move
the court
for extensions of the time during which the complaint shall remain under seal
under subsection
(b). The motions may be supported by affidavits or other submissions in camera.
The defendant
shall not be required to respond to any complaint filed under this Section
until 20 days after the
complaint is unsealed and served upon the defendant.
(d) Before the expiration of the 60-day period or any extensions obtained
under subsection (c), the State's Attorney or Attorney General shall either:
(1) proceed with the action, in which case the action |
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(2) notify the court that it declines to take over
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(e) When a person or governmental agency brings an action under this Act, no
person
other than the State's Attorney or Attorney General may intervene or bring a
related action based
on the facts underlying the pending action unless another statute or common law
authorizes that
action.
(Source: P.A. 92-233, eff. 1-1-02.)
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