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.

Attorney's Note

Under the Indiana Code, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
Class A misdemeanorup to 1 yearup to $5,000
For details, see Ind. Code § 35-50-3-2
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Terms Used In Indiana Code 22-15-4-7

  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Judgment: means all final orders, decrees, and determinations in an action and all orders upon which executions may issue. See Indiana Code 1-1-4-5
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Year: means a calendar year, unless otherwise expressed. See Indiana Code 1-1-4-5
     (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.

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