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.