2012 Indiana Code
TITLE 9. MOTOR VEHICLES
ARTICLE 23. VEHICLE MANUFACTURERS, DISTRIBUTORS, AND DEALERS
CHAPTER 6. PENALTIES AND REMEDIES

IC 9-23-6
Chapter 6. Penalties and Remedies

IC 9-23-6-1
Classification of violations; exceptions
Sec. 1. A person who violates this article commits a Class B misdemeanor.
As added by P.L.2-1991, SEC.11. Amended by P.L.1-1992, SEC.51.

IC 9-23-6-2
Repealed
(Repealed by P.L.1-1992, SEC.52.)

IC 9-23-6-3
Repealed
(Repealed by P.L.1-1992, SEC.52.)

IC 9-23-6-4
Civil penalties; payment to state
Sec. 4. A person who violates this article or a rule or order of the secretary of state issued under this article is subject to a civil penalty of not less than fifty dollars ($50) and not more than one thousand dollars ($1,000) for each day of violation and for each act of violation, as determined by the court. All civil penalties recovered under this article shall be paid to the state and deposited into the securities division enforcement account established under IC 23-19-6-1(f).
As added by P.L.2-1991, SEC.11. Amended by P.L.184-2007, SEC.29; P.L.1-2009, SEC.82.

IC 9-23-6-5
Revocation of dealer permanent or interim license plate
Sec. 5. In addition to the penalty imposed under section 4 of this chapter, the bureau may revoke, upon request of the secretary of state, a dealer permanent or interim license plate that was issued to the violator.
As added by P.L.2-1991, SEC.11. Amended by P.L.176-2001, SEC.11; P.L.184-2007, SEC.30.

IC 9-23-6-6
Suspension of license of manufacturer, converter manufacturer, dealer, or automotive mobility dealer
Sec. 6. If a manufacturer, a converter manufacturer, an automotive mobility dealer, or a dealer violates or aids, induces, or causes a violation of this title, the manufacturer's, converter manufacturer's, automotive mobility dealer's, or dealer's license may be suspended or revoked in the manner provided for the suspension or revocation of licenses of persons operating motor vehicles.
As added by P.L.2-1991, SEC.11. Amended by P.L.147-2009, SEC.15.
IC 9-23-6-7
Civil actions by secretary of state; injunctive relief; assessment of civil penalties
Sec. 7. Whenever a person violates this article or a rule or order of the secretary of state issued under this article, the secretary of state may institute a civil action in any circuit or superior court of Indiana for injunctive relief to restrain the person from continuing the activity or for the assessment and recovery of the civil penalty provided in section 4 of this chapter, or both.
As added by P.L.2-1991, SEC.11. Amended by P.L.184-2007, SEC.31.

IC 9-23-6-8
Action brought by attorney general
Sec. 8. At the request of the secretary of state, the attorney general shall institute and conduct an action in the name of the state for:
(1) injunctive relief or to recover the civil penalty provided by section 4 of this chapter;
(2) the injunctive relief provided by section 6 of this chapter; or
(3) both.
As added by P.L.2-1991, SEC.11. Amended by P.L.184-2007, SEC.32.

IC 9-23-6-9 Version a
Actions by dealers injured by unfair practices; relief; costs and attorney's fees
Note: This version of section effective until 1-1-2013. See also following version of this section, effective 1-1-2013.
Sec. 9. A dealer who is injured by an unfair practice set forth in IC 9-23-3 may sue for relief in a court of competent jurisdiction and may recover damages or may receive injunctive relief, or both, and may recover the cost of the suit, including reasonable attorney's fees.
As added by P.L.2-1991, SEC.11.

IC 9-23-6-9 Version b
Relief; complaint or petition with dealer services division; mediation
Note: This version of section effective 1-1-2013. See also preceding version of this section, effective until 1-1-2013.
Sec. 9. (a) As used in this section, "division" refers to the dealer services division of the secretary of state.
(b) A dealer who is injured by an unfair practice set forth in IC 9-23-3 may file a complaint or petition with the division.
(c) A dealer may not file a complaint or petition with the division based on an alleged violation of IC 9-23-3 or IC 9-23-5 by a manufacturer or distributor unless the dealer serves a demand for mediation upon the manufacturer or distributor:
(1) before; or
(2) at the same time as;
filing the complaint or petition. A demand for mediation must be in

writing and served upon the manufacturer or distributor by certified mail at an address designated for the manufacturer or distributor in the licensor's records. The demand for mediation must contain a brief statement of the dispute and the relief sought by the dealer serving the demand.
(d) Not later than twenty (20) days after the date the demand for mediation is served under subsection (c), the parties shall mutually select an independent mediator and meet with the mediator for the purpose of attempting to resolve the dispute. The meeting place must be within Indiana at a location selected by the mediator. The mediator may extend the period in which the meeting must occur for good cause shown by either party or upon stipulation of the parties.
As added by P.L.2-1991, SEC.11. Amended by P.L.143-2012, SEC.2.