CHAPTER 6. PENALTIES AND REMEDIES
IC 9-23-6
Chapter 6. Penalties and Remedies
IC 9-23-6-1
Classification of violations; exceptions
Sec. 1. A person who violates this article commits a Class B
misdemeanor.
As added by P.L.2-1991, SEC.11. Amended by P.L.1-1992, SEC.51.
IC 9-23-6-2
Repealed
(Repealed by P.L.1-1992, SEC.52.)
IC 9-23-6-3
Repealed
(Repealed by P.L.1-1992, SEC.52.)
IC 9-23-6-4
Civil penalties; payment to state
Sec. 4. A person who violates this article or a rule or order of the
secretary of state issued under this article is subject to a civil penalty
of not less than fifty dollars ($50) and not more than one thousand
dollars ($1,000) for each day of violation and for each act of
violation, as determined by the court. All civil penalties recovered
under this article shall be paid to the state and deposited into the
securities division enforcement account established under
IC 23-19-6-1(f).
As added by P.L.2-1991, SEC.11. Amended by P.L.184-2007,
SEC.29; P.L.1-2009, SEC.82.
IC 9-23-6-5
Revocation of dealer permanent or interim license plate
Sec. 5. In addition to the penalty imposed under section 4 of this
chapter, the bureau may revoke, upon request of the secretary of
state, a dealer permanent or interim license plate that was issued to
the violator.
As added by P.L.2-1991, SEC.11. Amended by P.L.176-2001,
SEC.11; P.L.184-2007, SEC.30.
IC 9-23-6-6
Suspension of license of manufacturer, converter manufacturer,
dealer, or automotive mobility dealer
Sec. 6. If a manufacturer, a converter manufacturer, an automotive
mobility dealer, or a dealer violates or aids, induces, or causes a
violation of this title, the manufacturer's, converter manufacturer's,
automotive mobility dealer's, or dealer's license may be suspended or
revoked in the manner provided for the suspension or revocation of
licenses of persons operating motor vehicles.
As added by P.L.2-1991, SEC.11. Amended by P.L.147-2009,
SEC.15.
IC 9-23-6-7
Civil actions by secretary of state; injunctive relief; assessment of
civil penalties
Sec. 7. Whenever a person violates this article or a rule or order
of the secretary of state issued under this article, the secretary of
state may institute a civil action in any circuit or superior court of
Indiana for injunctive relief to restrain the person from continuing
the activity or for the assessment and recovery of the civil penalty
provided in section 4 of this chapter, or both.
As added by P.L.2-1991, SEC.11. Amended by P.L.184-2007,
SEC.31.
IC 9-23-6-8
Action brought by attorney general
Sec. 8. At the request of the secretary of state, the attorney general
shall institute and conduct an action in the name of the state for:
(1) injunctive relief or to recover the civil penalty provided by
section 4 of this chapter;
(2) the injunctive relief provided by section 6 of this chapter; or
(3) both.
As added by P.L.2-1991, SEC.11. Amended by P.L.184-2007,
SEC.32.
IC 9-23-6-9
Actions by dealers injured by unfair practices; relief; costs and
attorney's fees
Sec. 9. A dealer who is injured by an unfair practice set forth in
IC 9-23-3 may sue for relief in a court of competent jurisdiction and
may recover damages or may receive injunctive relief, or both, and
may recover the cost of the suit, including reasonable attorney's fees.
As added by P.L.2-1991, SEC.11.