Title 10, Chapter 1, Section 438
( 10-1-438)
(a) As used in this part, the term: (1) "Administrator" means the administrator appointed pursuant to Code Section 10-1-395. (2) "Disaster related violation" means any violation of Part 1, 2,
or 4 of this article, which violation involves: (A) The sale or offer for sale of supplies for use in the
salvage, repair, or rebuilding of a structure damaged as a
result of a natural disaster; or (B) The performance of or offer to perform services for the
salvage, repair, or rebuilding of a structure damaged as a
result of a natural disaster. (3) "Natural disaster" means any natural disaster for which a
state of emergency is proclaimed by the Governor. (b) Whenever the administrator or any court is imposing a penalty
for any violations of Part 1, 2, or 4 of this article and the
violation is a disaster related violation, in addition to any other
applicable penalty there may be imposed an additional civil penalty
not to exceed $10,000.00 for each transaction. (c) Any person who suffers damage or injury as a result of a
disaster related violation shall have a cause of action to recover
actual damages, punitive damages, if appropriate, and reasonable
attorney's fees. Amounts recovered in such an action shall have
priority over a civil penalty imposed under this Code section. |