CHAPTER 8. PENALTIES AND ENFORCEMENT

IC 24-9-8

    

Chapter 8. Penalties and Enforcement

IC 24-9-8-1

Penalties; exception

    

Sec. 1. A person who knowingly or intentionally violates this
article commits:

        (1) a Class A misdemeanor; and

        (2) except for a violation of IC 24-9-3-7(c)(4) by a person
required to be licensed by the department of financial
institutions, an act that is actionable by the attorney general
under IC 24-5-0.5 and is subject to the penalties listed in
IC 24-5-0.5.

As added by P.L.73-2004, SEC.33. Amended by P.L.105-2009,
SEC.11; P.L.114-2010, SEC.20.

IC 24-9-8-2

Homeowner protection unit

    

Sec. 2. (a) Beginning July 1, 2005, the attorney general and the
attorney general's homeowner protection unit established under
IC 4-6-12 shall enforce this article for any violation occurring within
five (5) years after the making of a home loan.

    (b) The attorney general may refer a matter under section 1 of this
chapter to a prosecuting attorney for enforcement.

As added by P.L.73-2004, SEC.33.

IC 24-9-8-3

Enforcement actions by attorney general; exception; civil penalty
for violation of injunction; jurisdiction of court

    

Sec. 3. (a) This section does not apply to a violation of
IC 24-9-3-7(c)(4) by a person required to be licensed by the
department of financial institutions. The attorney general may bring
an action to enjoin a violation of this article. A court in which the
action is brought may:

        (1) issue an injunction;

        (2) order a person to make restitution;

        (3) order a person to reimburse the state for reasonable costs of
the attorney general's investigation and prosecution of the
violation of this article; and

        (4) impose a civil penalty of not more than ten thousand dollars
($10,000) per violation.

    (b) A person who violates an injunction under this section is
subject to a civil penalty of not more than ten thousand dollars
($10,000) per violation.

    (c) The court that issues an injunction retains jurisdiction over a
proceeding seeking the imposition of a civil penalty under this
section.

As added by P.L.73-2004, SEC.33. Amended by P.L.105-2009,
SEC.12; P.L.114-2010, SEC.21.

IC 24-9-8-4

Complaints

    

Sec. 4. The attorney general may file complaints with any of the
agencies listed in IC 4-6-12-4 to implement this chapter.

As added by P.L.73-2004, SEC.33.