§ 24-5-23.5-9 — Violation a Class A misdemeanor and a deceptive act; action for injunctive relief by attorney general; civil penalty; cumulative enforcement procedures

Indiana § 24-5-23.5-9

• Jurisdiction: Indiana
• Art. 5: CONSUMER SALES
• Ch. 23.5: Real Estate Appraisals

Text

(a) A person that knowingly or intentionally
violates section 7 of this chapter commits:
(1) a Class A misdemeanor; and
(2) an act that is:
(A) actionable by the attorney general under IC 24-5-0.5; and
(B) subject to the penalties listed in IC 24-5-0.5.
(b) The attorney general may maintain an action in the name of the
state of Indiana to enjoin a person from violating section 7 of this
chapter. A court in which the action is brought may:
(1) issue an injunction;
(2) order the person to make restitution;
(3) order the person to reimburse the state for the attorney
general's reasonable costs of investigating and prosecuting the
violation; and
(4) impose a civil penalty of not more than ten thousand dollars
($10,000) per violation.
(c) A person that violates an injunction issued under this section is
subject to a civil penalty of not more than ten thousand dollars
($10,000) per violation. The court that issues the injunction retains
jurisdiction over a proceeding seeking the imposition of a civil penalty
under this subsection.
(d) A civil penalty imposed and collected under this section shall be
deposited in the investigative fund established by IC 25-34.1-8-7.5.
(e) The enforcement procedures established by this section are
cumulative and an enforcement procedure available under this section
is supplemental to any other enforcement procedure available under:
(1) this section; or
(2) any other state or federal law, rule, or regulation;
for a violation of section 7 of this chapter.

Legislative History

As added by P.L.52-2009, SEC.2.