New Jersey § 2a:32c-6

§ 2a:32c-6.

a. If the Attorney General proceeds with the action, the Attorney General shall have

primary responsibility for prosecuting the action, and shall not be bound by any act

of the person bringing the action. The person bringing the action has the right to continue as a party to the action,

subject to limitations specified in this act. 1 The person bringing the action shall be authorized to continue to disclose information related to the action to the Attorney General. b. The Attorney General may move to dismiss the action for good cause shown, notwithstanding

the objections of the person bringing the action, provided that the person bringing

the action has been notified by the Attorney General and the court has provided the

person bringing the action with the opportunity for a hearing. c. Nothing in this act shall be construed to limit the authority of the Attorney General to settle the action, if the court determines after a hearing that the proposed settlement

is fair, adequate, and reasonable under all the circumstances. Upon a showing of good cause, the hearing may be held in camera. d. Upon a showing by the Attorney General that unrestricted participation during the

course of the litigation by the person initiating the action would interfere with

or unduly delay the Attorney General's prosecution of the case, or would be repetitious,

irrelevant, or for purposes of harassment, the court may, in its discretion, impose

limitations on the person's participation, including, but not limited to: (1) Limiting the number of witnesses the person may call; (2) Limiting the length of the testimony of the person's witnesses; (3) Limiting the person's cross-examination of witnesses; or (4) Otherwise limiting the participation by the person in the litigation. e. Upon a showing by the defendant 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, the court may limit

the participation by the person in the litigation. f. If the Attorney General decides not to proceed with the action, the seal may be lifted and the person who initiated the action shall have the right to conduct

the action. The decision of the Attorney General on whether to proceed with an action shall

be deemed final and shall not be subject to review by any court or agency. If the Attorney General so requests, the Attorney General shall be served at the

expense of the Attorney General with copies of all pleadings and motions filed in

the action and copies of all deposition transcripts. When a person proceeds with the action, the court, without limiting the rights of

the person initiating the action, may permit the Attorney General to intervene and

take over the action on behalf of the State at a later date upon a showing of good

cause. g. Whether or not the Attorney General proceeds with the action, upon a showing by

the Attorney General that certain actions of discovery by the person initiating the

action would interfere with an investigation by the State or the prosecution of a

criminal or civil matter arising out of the same facts, the court may stay such discovery

for a period of not more than 60 days. Such a showing shall be conducted in camera. The court may extend the 60-day period upon a further showing in camera by the Attorney

General that the criminal or civil investigation or proceeding has been pursued with

reasonable diligence and any proposed discovery in the civil action will interfere

with an ongoing criminal or civil investigation or proceeding. h. The application of one civil remedy under this act shall not preclude the application

of any other remedy, civil, administrative or criminal, under this act or any other

provision of law. Such other remedies under this act may be supplemental and not mutually exclusive to the remedies under this act, or may be alternate remedies . The Attorney General may elect to pursue its claim through an alternate remedy, including any administrative proceeding to determine a civil monetary penalty. If any such alternate remedy is pursued in another proceeding , the plaintiff shall have the same rights in that proceeding as the plaintiff would have had if the action had continued under this act . Any finding of fact or conclusion of law made in any such proceeding that has become final shall be conclusive on all parties to an action initiated under

section 5 of this act. As used in this subsection, the term “ final ” means that the finding of fact or conclusion of law has been finally determined

on appeal to the appropriate court, all time for filing such an appeal with respect

to the finding or conclusion has expired, or the finding or conclusion is not subject

to judicial review. 1

L.2007, c. 265 (N.J.S.A. § 2A:32C-1 et al.).