42 U.S.C. § 5411: Injunctive relief

Summary

Federal district courts can order people or companies to stop breaking the federal rules for manufactured homes. The court can also stop the sale or import of a manufactured home if, before its first good-faith sale, the home does not meet federal construction and safety rules or has a defect that is an immediate safety danger. The United States attorney or the Attorney General must ask the court. The court follows Federal Rules of Civil Procedure rules 65(a) and (b). When possible, the Secretary must warn the person and let them explain their side, but not warning them does not stop the court from acting. If someone breaks a court order, a criminal contempt trial can be by the judge or, if the accused asks, by a jury under Federal Rule of Criminal Procedure 42(b). Suits can be filed where the bad act happened, where the defendant lives or does business, or where the defendant is found, and process can be served in other districts. Subpoenas for witnesses may run into any district. Manufacturers importing homes must name a written agent and file that name with the Secretary to receive all official papers; service on that agent counts as service on the maker. If no agent is named, papers may be mailed to the Secretary by registered or certified mail.

Title 42, §5411

The Public Health and Welfare, Source: USLM XML via OLRC

(a)Jurisdiction; petition of United States attorney 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 resale, not to conform to applicable Federal manufactured home construction and safety standards 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 practicable, the Secretary shall give notice to any person against whom an action for injunctive relief is contemplated and afford him an opportunity 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 accused, 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 constituting the violation occurred, or in the district wherein the defendant is found or is an inhabitant or transacts business, and process in such cases may be served in any other district of which the defendant is an inhabitant or wherever 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 processes, etc.; filing and amendment of designation; failure to make designation

It shall be the duty of every manufacturer offering a manufactured home for importation into the United States to designate in writing an agent upon whom service of all administrative and judicial processes, notices, orders, decisions, and requirements may be made for and on behalf of such manufacturer, and to file such designation with the Secretary, which designation may from time to time be changed by like writing, similarly filed. Service of all administrative and judicial processes, notices, orders, decisions, and requirements may be made upon such manufacturer by service upon such designated agent at his office or usual place of residence with like effect as if made personally upon such manufacturer, and in default of such designation of such agent, service of process or any notice, order, requirement, or decision in any proceeding before the Secretary or in any judicial proceeding pursuant to this chapter may be made by mailing such process, notice, order, requirement, or decision to the Secretary by registered or certified mail.

Notes & Related Subsidiaries

Editorial Notes

References in Text

Rule 65 of the Federal Rules of Civil Procedure, referred 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 appearing.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective upon the expiration of 180 days following 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