Civil and criminal penalties for certain federal violations

(a) Civil penalties. Any person in this state who violates any provision of Section 610 of the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. Section 5401, et seq., or any regulation or final order issued thereunder, shall be liable to the State of Georgia for a civil penalty not to exceed the maximum civil penalty set forth in 24 C.F.R. Section 3282.10 for each such violation. Each violation of 42 U.S.C. Section 5401, et seq., or of any regulation or order issued thereunder 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, except that the maximum civil penalty may not exceed the maximum civil penalty set forth in 24 C.F.R. Section 3282.10 for any related series of violations occurring within one year from the date of the first violation. (b) Criminal penalties. An individual or a director, officer, or agent of a corporation who knowingly and willfully violates any provision of Section 610 of the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. Section 5401, et seq., in a manner which threatens the health or safety of any purchaser shall be 920 8-2-160 guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $1,000.00 or be imprisoned for not more than 12 months, or both. History. Ga. L. 1968, p. 415, § 9; Ga. L. 1973, p. 4, § 12; Ga. L. 1979, p. 1286, §§ 4, 5; Code 1981, § 8-2-143; Ga. L. 1982, p. 1376, §§ 2, 7; Ga. L. 2004, p. 607, § 1; Ga. L. 2022, p. 401, § 1/SB 445. Amendments. The 2022 amendment, effective July 1, 2022, in subsection (a), substituted “the maximum civil penalty set forth in 24 C.F.R. Section 3282.10” for “$1,000.00” in the first sentence and for “$1 million” in the second sentence, and substituted “42 U.S.C. Section 5401, et seq.,” for “Section 610 of the aforementioned act” near the beginning of the second sentence.