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Terms Used In Vermont Statutes Title 32 Sec. 636

  • Claim: means any request or demand, whether under a contract or otherwise, for money or property, and whether or not the State has title to the money or property, that:

  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Original source: means an individual who:

  • Person: shall include any natural person, corporation, municipality, the State of Vermont or any department, agency, or subdivision of the State, and any partnership, unincorporated association, or other legal entity. See
  • State: means the State of Vermont; a county, a municipality, or other subdivision thereof; commission, board, department, or agency thereof; or any other governmental entity authorized or created by State law, including public corporations and authorities. See

§ 636. Certain actions barred

(a) An individual may not bring an action under subsection 632(b) of this chapter against a member of the State Legislative Branch, the Attorney General, a member of the Judiciary, or a senior Executive Branch official if the action is based on evidence or information known to the State when the action was brought.

(b) An individual may not bring an action under subsection 632(b) of this chapter that is based upon allegations or transactions that are the subject of a civil suit or an administrative civil money penalty proceeding in which the State is already a party.

(c) Unless opposed by the Attorney General, the court shall dismiss an action or claim under subsection 632(b) of this chapter if substantially the same allegations or transactions as alleged in the action or claim were publicly disclosed:

(1) in a criminal, civil, or administrative hearing in which the State or its agent is a party;

(2) in a State legislative, administrative, or State Auditor’s report, hearing, audit, or investigation; or

(3) from the news media, unless the action is brought by the Attorney General or the person bringing the action is an original source of the information. (Added 2015, No. 25, § 1, eff. May 18, 2015.)