42 U.S.C. § 5411 — Injunctive relief
submitted 52 years ago by Pub. L. 93-383 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 573 words · no verdicts yet
This section lets the United States seek court orders stopping chapter violations and certain sales or imports of unsafe or nonconforming homes. It sets court procedures, venue, subpoenas, and service rules for foreign manufacturers.
(a) The United States district courts may, for shown cause and subject to Federal Rule of Civil Procedure 65(a) and (b), stop violations of this chapter. They may also stop the sale, offer for sale, or import of a manufactured home, before its first honest nonresale purchase, if it does not meet applicable Federal standards or has a defect that is an “imminent safety hazard.” The appropriate United States attorney or the Attorney General must petition on behalf of the United States. When practical, the Secretary* must notify the person against whom an injunction is being considered and give that person a chance to present views. Failure to give notice or that chance does not prevent appropriate relief.
(b) In a criminal-contempt proceeding for violating an injunction or restraining order under this section, when the violation also violates this chapter, the court conducts the trial unless the accused demands a jury. The trial follows the practice and procedure for proceedings under Rule 42(b) of the Federal Rules of Criminal Procedure.
(c) An action under subsection (a) or section 5410 may be filed in the district where the violation occurred or where the defendant is found, lives, or does business. Process may be served in another district where the defendant lives or wherever the defendant is found.
(d) In a United States action under subsection (a) or section 5410, United States subpoenas for witnesses required to attend district court may reach another district.
(e) A manufacturer offering a home for import into the United States must designate a written agent for service of all administrative and judicial processes, notices, orders, decisions, and requirements on the manufacturer’s behalf and file the designation with the Secretary. The manufacturer may change it by a similarly filed writing. Service on the agent at the agent’s office or usual residence has the same effect as personal service on the manufacturer. If no agent is designated, process or any notice, order, requirement, or decision in a Secretary or judicial proceeding under this chapter may be served by registered or certified mail sent to the Secretary. This section does not define “cause shown,” “process,” or “imminent safety hazard.”
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.
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.
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.
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.
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.
Source credit: (Pub. L. 93–383, title VI, § 612, Aug. 22, 1974, 88 Stat. 705; Pub. L. 96–399, title III, § 308(c)(4), Oct. 8, 1980, 94 Stat. 1641.)
- 1974Enacted · Pub. L. 93-383 · 88 Stat. 705
- 1980Amended · Pub. L. 96-399 · 94 Stat. 1641
A history note hasn’t been published yet. The record shows enactment by Pub. L. 93-383 on 1974-08-22.
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