Manufactured home standards; violations of 42 U.S.C. 5409, or
regulation or final order issued thereunder; maximum judgment;
offenses
Sec. 7. (a) For purposes of this section, a reference to 42 U.S.C.
5409 refers to that section as it existed on January 1, 2003.
(b) As used in this section, "purchaser" means the first person
purchasing a manufactured home in good faith for purposes other
than resale.
(c) A person who violates 42 U.S.C. 5409, or any regulation or
final order issued under 42 U.S.C. 5409, is liable to the department
for a civil penalty not to exceed one thousand dollars ($1,000) for
each violation. Each violation of 42 U.S.C. 5409, or any regulation
or final order issued under 42 U.S.C. 5409, constitutes a separate
violation with respect to:
(1) each manufactured home; or
(2) each failure or refusal to allow or perform an act required by
42 U.S.C. 5409 or a regulation or order issued under 42 U.S.C.
5409.
However, the maximum judgment imposed under this subsection
may not exceed one million dollars ($1,000,000) for any related
series of violations occurring within one (1) year after the date of the
first violation.
(d) The department may recover the civil penalty described in
subsection (c) in a civil action commenced in any court with
jurisdiction.
(e) Notwithstanding IC 35-50-3-2, an individual or a director, an
officer, or an agent of a corporation who knowingly violates 42
U.S.C. 5409 in a manner that threatens the health or safety of any
purchaser commits a Class A misdemeanor and shall be fined not
more than one thousand dollars ($1,000) dollars or imprisoned not
more than one (1) year, or both.
As added by P.L.245-1987, SEC.4. Amended by P.L.222-1989,
SEC.17; P.L.141-2003, SEC.12.
Last modified: May 27, 2006