Tennessee § 68-126-212 - Violations — Penalties.

§ 68-126-212. Violations — Penalties.

Whoever violates any provision of the National Manufactured Home Construction and Safety Standards Act of 1974 (42 U.S.C. § 5401 et seq.), or any regulation or final order issued under that act, shall be liable for a civil penalty not to exceed one thousand one hundred dollars ($1,100) for each such violation. Each violation of a provision of such act, or any regulation or order issued under that act, constitutes a separate violation with respect to each manufactured home or with respect to each failure or refusal to allow or perform an act required by the act, except that the maximum civil penalty may not exceed one million three hundred seventy-five thousand dollars ($1,375,000) for any related series of violations occurring within one (1) year from the date of the first violation. Any individual, or director, officer or agent of a corporation who knowingly and willfully violates the National Manufactured Home Construction and Safety Standards Act of 1974, in a manner which threatens the health or safety of any purchaser commits a Class A misdemeanor. Any violation of this part, or of any rule or regulation made under this part, which is not covered by subsection (a) or (b), is a Class C misdemeanor. Acts 1979, ch. 310, § 12; 1981, ch. 301, § 1; T.C.A., § 53-4832; Acts 1987, ch. 120, §§ 11, 12; 1989, ch. 591, §§ 1, 6, 113; T.C.A., § 68-36-212 ; Acts 2015, ch. 483, § 5. Compiler's Notes. The misdemeanor in this section has been designated as a Class A misdemeanor by authority of § 40-35-110 , which provides that an offense designated a misdemeanor without specification as to category is a Class A misdemeanor. See aso § 39-11-114 . Former title 68, ch. 36, parts 1-4 were transferred to title 68, ch. 126, parts 1-4 in 1992. See the parallel reference table in § 68-126-101 for the former and new section locations. Amendments. The 2015 amendment inserted “one hundred” following “one thousand” and substituted “1,100” for “1,000” at the end of the first sentence in (a) and inserted “three hundred seventy-five thousand” following “one million” and substituted “1,375,000” for “1,000,000” at the end of the second sentence in (a). Effective Dates. Acts 2015, ch. 483, § 8. January 1, 2016; May 20, 2015, for the purpose of promulgating rules. Cross-References. Penalties for Class A and C misdemeanors, § 40-35-111 .