§ 12-313. Prohibited acts; penalties


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  •    (a) Violation of subtitle or regulation prohibited; penalty. --

       (1) A person may not violate this subtitle or a regulation adopted under this subtitle.

       (2) A person who violates this subsection is guilty of a misdemeanor and on conviction is subject for each violation to a fine not exceeding $ 1,000.

       (3) This subsection does not apply to a violation of 42 U.S.C. § 5409.

    (b) Violation of federal act -- Civil penalty. --

       (1) A person may not in the State violate 42 U.S.C. § 5409 or a regulation adopted or order issued under it.

       (2) A person who violates this subsection is liable to the State for a civil penalty not exceeding $ 1,000 for each violation.

       (3) Each violation under this subsection is a separate violation with respect to each manufactured home or with respect to each failure or refusal to allow or perform an act required by 42 U.S.C. § 5409 or a regulation adopted or order issued under it.

       (4) A civil penalty under this subsection may not exceed $ 1,000,000 for any related series of violations occurring within 1 year after the date of the first violation.

    (c) Violation of federal act -- Criminal penalty. --

       (1) An individual or a director, officer, or agent of a corporation may not in the State knowingly and willfully violate 42 U.S.C. § 5409 in a manner that threatens the health or safety of a purchaser of a manufactured home.

       (2) A person who violates this subsection is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 1 year or a fine not exceeding $ 1,000 or both.


HISTORY: An. Code 1957, art. 83B, § 6-206(b)-(d); 2003, ch. 5, § 2.