42 U.S.C. § 5411 : US Code - Section 5411: Injunctive relief

Search 42 U.S.C. § 5411 : US Code - Section 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.