§ 20-25-104 - Penalties. - Arkansas Statutes

20-25-104. Penalties.

(a) It shall be deemed a violation of this chapter:

(1) For any manufacturer or retailer of manufactured homes to fail to correct a code violation within a reasonable time, not to exceed ninety (90) days, of being ordered to do so in writing by an authorized representative of the Director of the Arkansas Manufactured Home Commission if the manufacturer or retailer manufactured or sold the manufactured home after March 14, 1977; or

(2) For any person to interfere with, obstruct, or hinder any authorized representative of the director in the performance of his or her duty. In seeking to determine whether a manufacturer or retailer has violated this chapter, the director shall have full authority to convene hearings and issue orders pursuant to the Arkansas Administrative Procedure Act, 25-15-201 et seq., which is incorporated by reference.

(b) Any individual or director, officer, or agent of a corporation who knowingly violates this chapter in a manner that threatens the health or safety of any purchaser shall be deemed guilty of a misdemeanor. Upon conviction, the person shall be fined not more than one thousand dollars ($1,000) or imprisoned for not more than one (1) year, or both, for each violation.

(c) (1) (A) Whoever violates any provision of section 610 of Title VI of Pub. L. No. 93-383 or any regulation or final order issued pursuant to it shall be liable to the State of Arkansas for a civil penalty of not to exceed one thousand dollars ($1,000) for each violation.

(B) Each violation of a provision of section 610 of Title VI of Pub. L. No. 93-383 or any regulation or order issued pursuant to it shall constitute a separate violation with respect to each manufactured home or with respect to each failure or refusal to allow or perform an act required thereby. However, the maximum civil penalty shall not exceed one million dollars ($1,000,000) for any related series of violations occurring within one (1) year from the date of the first violation.

(2) Any individual or a director, officer, or agent of a corporation who knowingly violates section 610 of Title VI of Pub. L. No. 93-383 in a manner that threatens the health or safety of any purchaser shall be fined not more than one thousand dollars ($1,000) or imprisoned not more than one (1) year, or both.

(d) (1) If a manufactured home retailer or manufacturer violates any of the provisions of this chapter or any rules or regulations governing the manufactured home program, the retailer or manufacturer may be enjoined from selling any manufactured home until the retailer or manufacturer meets all the requirements of this chapter and rules and regulations promulgated pursuant to this chapter.

(2) If any manufactured home installer violates any provision of this chapter or any rule or regulation relating to the federal Manufactured Home Construction and Safety Standards, the installer shall be enjoined from installing manufactured homes until the violations are corrected.

(3) Whenever practicable, the director shall give notice to any person against whom an action for injunctive relief is contemplated and shall afford the person an opportunity to present his or her views, but the failure to give notice and afford an opportunity shall not preclude the granting of appropriate relief.