(a) Any person or entity and the several members, officers, directors, agents and employees thereof, who or that knowingly violates, or participates in the violation of any of the applicable provisions of this chapter, or any regulation promulgated thereunder, shall be guilty of a misdemeanor and, upon conviction of this violation, shall be punished by a fine of not more than one thousand dollars ($1,000), or imprisoned for not more than one year, or both. Each violation shall constitute a separate offense. Complaints under the provisions of this chapter may be made by the director, or the director's designee, and the director, or the director's designee, shall not be required to give surety for costs. The attorney general shall prosecute all complaints under this chapter.
(b) Any person who shall violate any provision of this chapter may also be subject to a civil monetary penalty, in the discretion of the court. For unintentional violations, to be determined by the court, the award may include actual damages sustained by the applicant or borrower, as the case may be, as a result of the violation, plus a penalty in an amount not greater than one hundred dollars ($100) per violation. For intentional violations, to be determined by the court, the award may include actual damages sustained by the applicant or borrower, as the case may be, as a result of the violation, plus a penalty in an amount not greater than five hundred dollars ($500) per violation. A person's failure to take action to correct the violation within a reasonable period of time, as determined by the court, following notice to the person of the violation by the director, or the director's designee, pursuant to a final written report or other written notice, may be evidence of an intentional violation under this subsection (b) with respect to violations committed after the notice and the expiration of a reasonable time period for correction of the violation.
History of Section.
P.L. 1995, ch. 82, § 53.