§ 22-15-4-7 — Manufactured home standards; violations of 42 U.S.C. 5409, or regulation or final order issued thereunder; maximum judgment; offenses

(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.

Legislative History

As added by P.L.245-1987, SEC.4. Amended by P.L.222-1989, SEC.17; P.L.141-2003, SEC.12.