Whistleblower enforcement - qui tam - definition.

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(1) As used in this section, "whistleblower" means a worker with knowledge of an alleged violation of this article 14.4, or the worker's representative.

(2) (a) A whistleblower who has exhausted the administrative remedies pursuant to section 8-14.4-105 may bring a civil action against a principal for a violation of this article 14.4 on behalf of the state in district court pursuant to this section. The state may intervene in the action to prosecute in its own name.

  1. At the time that the action is filed, the whistleblower shall give written notice to thedivision of the specific provisions of this article 14.4 alleged to have been violated.

  2. If the court finds that a violation has occurred, the court may enter a judgment against the principal of not less than one hundred dollars and not more than one thousand dollars for each violation, and for appropriate injunctive and equitable relief. The court shall award the whistleblower reasonable attorney fees. The attorney fees are not subject to the distribution specified in subsection (3) of this section.

(3) The proceeds of any judgment entered pursuant to this section shall be distributed as follows:

(a) Seventy-five percent to the division for enforcement of this article 14.4; and (b) Twenty-five percent to the first whistleblower who filed the action.

(4) The right to bring an action under this section shall not be impaired by any private contract. An action under this section shall be tried promptly, without regard to concurrent adjudication of private claims.

Source: L. 2020: Entire article added, (HB 20-1415), ch. 276, p. 1356, § 1, effective July 11.


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