
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC5411]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
     CHAPTER 70--MANUFACTURED HOME CONSTRUCTION AND SAFETY STANDARDS
 
Sec. 5411. Injunctive relief


(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.

(Pub. L. 93-383, title VI, Sec. 612, Aug. 22, 1974, 88 Stat. 705; Pub. 
L. 96-399, title III, Sec. 308(c)(4), Oct. 8, 1980, 94 Stat. 1641.)

                       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.
