42 U.S.C. § 5411 — Injunctive relief

Page 6561 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5411 issued thereunder, shall be liable to the United States for a civil penalty of not to exceed $1,000 for each such violation. Each violation of a pro- vision of section 5409 of this title, or any regula- tion or order issued thereunder shall constitute, a separate violation with respect to each manu- factured home or with respect to each failure or refusal to allow or perform an act required thereby, except that the maximum civil penalty may not exceed $1,000,000 for any related series of violations occurring within one year from the date of the first violation. (b) An individual or a director, officer, or agent of a corporation who knowingly and will- fully violates section 5409 of this title in a man- ner which threatens the health or safety of any purchaser shall be fined not more than $1,000 or imprisoned not more than one year, or both. (Pub. L. 93–383, title VI, § 611, Aug. 22, 1974, 88 Stat. 705; Pub. L. 96–399, title III, § 308(c)(4), Oct. 8, 1980, 94 Stat. 1641.) Editorial Notes AMENDMENTS 1980—Subsec. (a). Pub. L. 96–399 substituted ‘‘manu- factured home’’ for ‘‘mobile home’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective upon the expiration of 180 days fol- lowing Aug. 22, 1974, see section 627 of Pub. L. 93–383, set out as a note under section 5401 of this title. § 5411. Injunctive relief (a) Jurisdiction; petition of United States attor- ney or Attorney General; notice by Secretary to affected persons to present views The United States district courts shall have jurisdiction, for cause shown and subject to the provisions of rule 65(a) and (b) of the Federal Rules of Civil Procedure, to restrain violations of this chapter, or to restrain the sale, offer for sale, or the importation into the United States, of any manufactured home which is determined, prior to the first purchase of such manufactured home in good faith for purposes other than re- sale, not to conform to applicable Federal manu- factured home construction and safety stand- ards prescribed pursuant to this chapter or to contain a defect which constitutes an imminent safety hazard, upon petition by the appropriate United States attorney or the Attorney General on behalf of the United States. Whenever prac- ticable, the Secretary shall give notice to any person against whom an action for injunctive re- lief is contemplated and afford him an oppor- tunity to present his views and the failure to give such notice and afford such opportunity shall not preclude the granting of appropriate relief. (b) Criminal contempt proceedings; conduct of trial In any proceeding for criminal contempt for violation of an injunction or restraining order issued under this section, which violation also constitutes a violation of this chapter, trial shall be by the court or, upon demand of the ac- cused, by a jury. Such trial shall be conducted in accordance with the practice and procedure applicable in the case of proceedings subject to the provisions of rule 42(b) of the Federal Rules of Criminal Procedure. (c) Venue Actions under subsection (a) of this section and section 5410 of this title may be brought in the district wherein any act or transaction con- stituting the violation occurred, or in the dis- trict wherein the defendant is found or is an in- habitant or transacts business, and process in such cases may be served in any other district of which the defendant is an inhabitant or wher- ever the defendant may be found. (d) Subpenas In any action brought by the United States under subsection (a) of this section or section 5410 of this title, subpenas by the United States for witnesses who are required to attend at United States district court may run into any other district. (e) Designation by manufacturer of agent for service of administrative and judicial proc- esses, etc.; filing and amendment of designa- tion; failure to make designation It shall be the duty of every manufacturer of- fering a manufactured home for importation into the United States to designate in writing an agent upon whom service of all administra- tive and judicial processes, notices, orders, deci- sions, and requirements may be made for and on behalf of such manufacturer, and to file such designation with the Secretary, which designa- tion may from time to time be changed by like writing, similarly filed. Service of all adminis- trative and judicial processes, notices, orders, decisions, and requirements may be made upon such manufacturer by service upon such des- ignated agent at his office or usual place of resi- dence with like effect as if made personally upon such manufacturer, and in default of such des- ignation of such agent, service of process or any notice, order, requirement, or decision in any proceeding before the Secretary or in any judi- cial proceeding pursuant to this chapter may be made by mailing such process, notice, order, re- quirement, or decision to the Secretary by reg- istered or certified mail. (Pub. L. 93–383, title VI, § 612, Aug. 22, 1974, 88 Stat. 705; Pub. L. 96–399, title III, § 308(c)(4), Oct. 8, 1980, 94 Stat. 1641.) Editorial Notes REFERENCES IN TEXT Rule 65 of the Federal Rules of Civil Procedure, re- ferred to in subsec. (a), is set out in the Appendix to Title 28, Judiciary and Judicial Procedure. Rule 42 of the Federal Rules of Criminal Procedure, referred to in subsec. (b), is set out in the Appendix to Title 18, Crimes and Criminal Procedure. AMENDMENTS 1980—Subsecs. (a), (e). Pub. L. 96–399 substituted ‘‘manufactured home’’ for ‘‘mobile home’’ wherever ap- pearing. Page 6562 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5412 Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective upon the expiration of 180 days fol- lowing Aug. 22, 1974, see section 627 of Pub. L. 93–383, set out as a note under section 5401 of this title. § 5412. Noncompliance with standards or defec- tive nature of manufactured home; adminis- trative or judicial determination; repurchase by manufacturer or repair by distributor or retailer; reimbursement of expenses, etc., by manufacturer; injunctive relief against man- ufacturer for failure to comply; jurisdiction and venue; damages; period of limitation (a) If the Secretary or a court of appropriate jurisdiction determines that any manufactured home does not conform to applicable Federal manufactured home construction and safety standards, or that it contains a defect which constitutes an imminent safety hazard, after the sale of such manufactured home by a manufac- turer to a distributor or a retailer and prior to the sale of such manufactured home by such dis- tributor or retailer to a purchaser— (1) the manufacturer shall immediately re- purchase such manufactured home from such distributor or retailer at the price paid by such distributor or retailer, plus all transpor- tation charges involved and a reasonable reim- bursement of not less than 1 per centum per month of such price paid prorated from the date of receipt by certified mail of notice of such nonconformance to the date of repur- chase by the manufacturer; or (2) the manufacturer, at his own expense, shall immediately furnish the purchasing dis- tributor or retailer the required conforming part or parts or equipment for installation by the distributor or retailer on or in such manu- factured home, and for the installation in- volved the manufacturer shall reimburse such distributor or retailer for the reasonable value of such installation plus a reasonable reim- bursement of not less than 1 per centum per month of the manufacturer’s or distributor’s selling price prorated from the date of receipt by certified mail of notice of such non- conformance to the date such vehicle is brought into conformance with applicable Federal standards, so long as the distributor or retailer proceeds with reasonable diligence with the installation after the required part or equipment is received. The value of such reasonable reimbursements as specified in paragraphs (1) and (2) of this sub- section shall be fixed by mutual agreement of the parties, or, failing such agreement, by the court pursuant to the provisions of subsection (b). (b) If any manufacturer fails to comply with the requirements of subsection (a), then the dis- tributor or retailer, as the case may be, to whom such manufactured home has been sold may bring an action seeking a court injunction com- pelling compliance with such requirements on the part of such manufacturer. Such action may be brought in any district court in the United States in the district in which such manufac- turer resides, or is found, or has an agent, with- out regard to the amount in controversy, and the person bringing the action shall also be enti- tled to recover any damage sustained by him, as well as all court costs plus reasonable attorneys’ fees. Any action brought pursuant to this sec- tion shall be forever barred unless commenced within three years after the cause of action shall have accrued. (Pub. L. 93–383, title VI, § 613, Aug. 22, 1974, 88 Stat. 706; Pub. L. 96–399, title III, § 308(c)(4), Oct. 8, 1980, 94 Stat. 1641; Pub. L. 106–569, title VI, § 603(b)(1), Dec. 27, 2000, 114 Stat. 2999.) Editorial Notes AMENDMENTS 2000—Subsecs. (a), (b). Pub. L. 106–569 substituted ‘‘re- tailer’’ for ‘‘dealer’’ wherever appearing. 1980—Subsecs. (a), (b). Pub. L. 96–399 substituted ‘‘manufactured home’’ for ‘‘mobile home’’ wherever ap- pearing. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2000 AMENDMENT Amendment by Pub. L. 106–569 effective Dec. 27, 2000, except that amendment has no effect on any order or interpretative bulletin issued under this chapter and published as a proposed rule pursuant to 5 U.S.C. 553 on or before Dec. 27, 2000, see section 612 of Pub. L. 106–569, set out as a note under section 5401 of this title. EFFECTIVE DATE Section effective upon the expiration of 180 days fol- lowing Aug. 22, 1974, see section 627 of Pub. L. 93–383, set out as a note under section 5401 of this title. § 5413. Inspections and investigations for promul- gation or enforcement of standards or execu- tion of other duties (a) Authority of Secretary; results furnished to Attorney General and Secretary of the Treas- ury for appropriate action The Secretary is authorized to conduct such inspections and investigations as may be nec- essary to promulgate or enforce Federal manu- factured home construction and safety stand- ards established under this chapter or otherwise to carry out his duties under this chapter. He shall furnish the Attorney General and, when appropriate, the Secretary of the Treasury any information obtained indicating noncompliance with such standards for appropriate action. (b) Designation by Secretary of persons to enter and inspect factories, etc.; presentation of credentials; reasonableness and scope of in- spection (1) For purposes of enforcement of this chap- ter, persons duly designated by the Secretary, upon presenting appropriate credentials to the owner, operator, or agent in charge, are author- ized— (A) to enter, at reasonable times and with- out advance notice, any factory, warehouse, or establishment in which manufactured homes are manufactured, stored, or held, for sale; and (B) to inspect, at reasonable times and with- in reasonable limits and in a reasonable man- ner, any such factory, warehouse, or establish- ment, and to inspect such books, papers, records, and documents as are set forth in sub- section (c). Each such inspection shall be com-