reglab/housing_qa huggingface dataset:
IN Code § 24-4.5-6-104 (2021)
2021 Indiana Code|Title 24. Trade Regulation|Article 4.5. Uniform Consumer Credit Code|Chapter 6. Administration|24-4.5-6-104. Powers of Department; Reliance on Rules

Sec. 104. (1) In addition to other powers granted by this article, the department within the limitations provided by law may:(a) receive and act on complaints, take action designed to obtain voluntary compliance with this article, or commence proceedings on the department's own initiative;(b) counsel persons and groups on their rights and duties under this article;(c) establish programs for the education of consumers with respect to credit practices and problems;(d) make studies appropriate to effectuate the purposes and policies of this article and make the results available to the public;(e) adopt, amend, and repeal rules, orders, policies, and forms to carry out the provisions of this article;(f) maintain more than one (1) office within Indiana; and(g) appoint any necessary attorneys, hearing examiners, clerks, and other employees and agents and fix their compensation, and authorize attorneys appointed under this section to appear for and represent the department in court.(2) No liability is imposed under this article for an act done or omitted in conformity with a rule, written notice, written opinion, written interpretation, or written directive of the department notwithstanding that after the act or omission the rule, written notice, written opinion, written interpretation, or written directive may be amended or repealed, or be determined by judicial or other authority to be invalid for any reason.Formerly: Acts 1971, P.L.366, SEC.7. As amended by P.L.247-1983, SEC.22; P.L.14-1992, SEC.46; P.L.45-1995, SEC.15; P.L.172-1997, SEC.9; P.L.213-2007, SEC.14; P.L.217-2007, SEC.13.
IN Code § 24-4.5-6-105 (2021)
2021 Indiana Code|Title 24. Trade Regulation|Article 4.5. Uniform Consumer Credit Code|Chapter 6. Administration|24-4.5-6-105. Administrative Powers With Respect to Depository Institutions

Sec. 105. (1) With respect to depository institutions, the powers of examination and investigation (IC 24-4.5-6-106) and administrative enforcement (IC 24-4.5-6-108) shall be exercised by the department. The department may, at its discretion, accept any examination of any financial institution made by a federal authority in lieu of the examination made under the provisions of this article. All other powers of the department under this article may be exercised by the director with respect to a depository institution.(2) If the department receives a complaint or other information concerning noncompliance with this article by a depository institution, the director shall inform the official or agency having supervisory authority over the organization concerned. The department may request information about depository institutions from the officials or agencies supervising them.(3) The department and any official or agency of this state having supervisory authority over a depository institution are authorized and directed to consult and assist one another in maintaining compliance with this article. They may jointly pursue investigations, prosecute suits, and take other official action, as they deem appropriate, if either of them otherwise is empowered to take the action.Formerly: Acts 1971, P.L.366, SEC.7. As amended by P.L.14-1992, SEC.47; P.L.35-2010, SEC.65.
IN Code § 24-4.5-6-106.5 (2021)
2021 Indiana Code|Title 24. Trade Regulation|Article 4.5. Uniform Consumer Credit Code|Chapter 6. Administration|24-4.5-6-106.5. Powers of Director

Sec. 106.5. To carry out the purposes of this chapter, the director may:(a) retain attorneys, accountants, or other professionals and specialists as examiners, auditors, or investigators to conduct or assist in the conduct of examinations or investigations;(b) enter into agreements or relationships with other government officials or regulatory associations to improve efficiencies and reduce regulatory burden by sharing:(i) resources;(ii) standardized or uniform methods or procedures; and(iii) documents, records, information, or evidence obtained under this section;(c) use, hire, contract, or employ public or privately available analytical systems, methods, or software to examine or investigate a licensee, an individual, or a person subject to this article;(d) accept and rely on examination or investigation reports made by other government officials, in or outside Indiana;(e) accept audit reports made by an independent certified public accountant for the licensee, individual, or person subject to this article in the course of that part of the examination covering the same general subject matter as the audit and may incorporate the audit report in the report of the examination, report of investigation, or other writing of the director; and(f) use, hire, contract, or employ public or privately available analytical systems, methods, software, or technology solutions to enable the department to capture and examine transaction level activity to:(i) verify and oversee compliance with; and(ii) enforce;all state law concerning a small loan regulated under IC 24-4.5-7.As added by P.L.35-2010, SEC.67. Amended by P.L.60-2018, SEC.1.
IN Code § 24-4.5-6-107 (2021)
2021 Indiana Code|Title 24. Trade Regulation|Article 4.5. Uniform Consumer Credit Code|Chapter 6. Administration|24-4.5-6-107. Applicability of Laws Governing Administrative Orders and Rules; Venue; Emergency Rulemaking Authority

Sec. 107. (1) Except as otherwise provided, IC 4-21.5-3 governs all agency action taken by the department under this chapter or IC 24-4.5-3-501 through IC 24-4.5-3-513. All proceedings for administrative review under IC 4-21.5-3 or judicial review under IC 4-21.5-5 shall be held in Marion County. The provisions of IC 4-22-2 prescribing procedures for the adoption of rules by agencies apply to the adoption of rules by the department of financial institutions under this article. However, if the department declares an emergency in the document containing the rule, the department may adopt rules permitted by this chapter under IC 4-22-2-37.1.(2) A rule under subsection (1) adopted under IC 4-22-2-37.1 expires on the date the department next adopts a rule under the statute authorizing or requiring the rule.Formerly: Acts 1971, P.L.366, SEC.7. As amended by P.L.31-1985, SEC.48; P.L.7-1987, SEC.108; P.L.1-1990, SEC.243; P.L.14-1992, SEC.49; P.L.35-2010, SEC.68; P.L.140-2013, SEC.19; P.L.137-2014, SEC.16.
IN Code § 24-4.5-6-107.5 (2021)
2021 Indiana Code|Title 24. Trade Regulation|Article 4.5. Uniform Consumer Credit Code|Chapter 6. Administration|24-4.5-6-107.5. Prohibited Acts

Sec. 107.5. It is a violation of this article for a person or individual subject to this article to:(a) directly or indirectly employ any scheme, device, or artifice to defraud or mislead borrowers or lenders or to defraud any person;(b) engage in any unfair or deceptive practice toward any person;(c) obtain property by fraud or misrepresentation;(d) solicit or enter into a contract with a borrower that provides in substance that the person or individual subject to this article may earn a fee or commission through "best efforts" to obtain a loan even though no loan is actually obtained for the borrower;(e) solicit, advertise, or enter into a contract for specific interest rates, points, or other financing terms unless the terms are actually available at the time of soliciting, advertising, or contracting;(f) conduct any business covered by this article without holding a valid license as required under this article, or assist or aid and abet any person in the conduct of business under this article without a valid license as required under this article;(g) fail to make disclosures as required by this article and any other applicable state or federal law, including regulations under that law;(h) fail to comply with this article or rules adopted under this article, or fail to comply with any other state or federal law, rule, or regulation, applicable to any business authorized or conducted under this article;(i) make, in any manner, any false or deceptive statement or representation, including, with regard to the rates, points, or other financing terms or conditions for a mortgage transaction, or engage in bait and switch advertising;(j) negligently make any false statement or knowingly and willfully make any omission of material fact in connection with any information or reports filed with a governmental agency or the NMLSR or in connection with any investigation conducted by the director or another governmental agency;(k) make any payment, threat, or promise, directly or indirectly, to any person for the purposes of influencing the independent judgment of the person in connection with a mortgage transaction, or make any payment, threat, or promise, directly or indirectly, to any appraiser of a property, for the purposes of influencing the independent judgment of the appraiser with respect to the value of the property;(l) collect, charge, attempt to collect or charge, or use or propose any agreement purporting to collect or charge any fee prohibited by this article;(m) cause or require a borrower to obtain property insurance coverage in an amount that exceeds the replacement cost of the improvements as established by the property insurer;(n) fail to account truthfully for money belonging to a party to a mortgage transaction; or(o) knowingly withhold, abstract, remove, mutilate, destroy, or secrete any books, records, computer records, or other information subject to examination under this article.As added by P.L.35-2010, SEC.69.
IN Code § 24-4.5-6-109 (2021)
2021 Indiana Code|Title 24. Trade Regulation|Article 4.5. Uniform Consumer Credit Code|Chapter 6. Administration|24-4.5-6-109. Assurance of Discontinuance

Sec. 109. Assurance of Discontinuance — If it is claimed that a person has engaged in conduct subject to an order by the department (IC 24-4.5-6-108) or by a court (IC 24-4.5-6-110 through IC 24-4.5-6-112), the department may accept an assurance in writing that the person will not engage in the conduct in the future. If a person giving an assurance of discontinuance fails to comply with its terms, the assurance is evidence that prior to the assurance he engaged in the conduct described in the assurance.Formerly: Acts 1971, P.L.366, SEC.7. As amended by P.L.14-1992, SEC.51.
IN Code § 24-4.5-6-110 (2021)
2021 Indiana Code|Title 24. Trade Regulation|Article 4.5. Uniform Consumer Credit Code|Chapter 6. Administration|24-4.5-6-110. Injunctions Against Violations

Sec. 110. The department may bring a civil action to restrain a person from violating this article or another state or federal law or regulation, and for other appropriate relief.Formerly: Acts 1971, P.L.366, SEC.7. As amended by P.L.14-1992, SEC.52; P.L.35-2010, SEC.71.
IN Code § 24-4.5-6-111 (2021)
2021 Indiana Code|Title 24. Trade Regulation|Article 4.5. Uniform Consumer Credit Code|Chapter 6. Administration|24-4.5-6-111. Injunctions Against Unconscionable Agreements and Fraudulent or Unconscionable Conduct

Sec. 111. Injunctions Against Unconscionable Agreements and Fraudulent or Unconscionable Conduct — (1) The department may bring a civil action to restrain a creditor or a person acting in behalf of a creditor from engaging in a course of:(a) making or enforcing unconscionable terms or provisions of consumer credit sales, consumer leases, or consumer loans;(b) fraudulent or unconscionable conduct in inducing debtors to enter into consumer credit sales, consumer leases, or consumer loans; or(c) fraudulent or unconscionable conduct in the collection of debts arising from consumer credit sales, consumer leases, or consumer loans.(2) In an action brought pursuant to this section the court may grant relief only if it finds:(a) that the respondent has made unconscionable agreements or has engaged or is likely to engage in a course of fraudulent or unconscionable conduct;(b) that the agreements or conduct of the respondent has caused or is likely to cause injury to consumers; and(c) that the respondent has been able to cause or will be able to cause the injury primarily because the transactions involved are credit transactions.(3) In applying this section, consideration shall be given to each of the following factors, among others:(a) belief by the creditor at the time consumer credit sales, consumer leases, or consumer loans are made that there was no reasonable probability of payment in full of the obligation by the debtor;(b) in the case of consumer credit sales or consumer leases, knowledge by the seller or lessor at the time of the sale or lease of the inability of the buyer or lessee to receive substantial benefits from the property or services sold or leased;(c) in the case of consumer credit sales or consumer leases, gross disparity between the price of the property or services sold or leased and the value of the property or services measured by the price at which similar property or services are readily obtainable in credit transactions by like buyers or lessees;(d) the fact that the creditor contracted for or received separate charges for insurance with respect to consumer credit sales or consumer loans with the effect of making the sales or loans, considered as a whole, unconscionable; and(e) the fact that the respondent has knowingly taken advantage of the inability of the debtor reasonably to protect his interests by reason of physical or mental infirmities, ignorance, illiteracy or inability to understand the language of the agreement, or similar factors.(4) In an action brought pursuant to this section, a charge or practice expressly permitted by this Article is not in itself unconscionable.Formerly: Acts 1971, P.L.366, SEC.7. As amended by P.L.14-1992, SEC.53; P.L.122-1994, SEC.35.
IN Code § 24-4.5-6-112 (2021)
2021 Indiana Code|Title 24. Trade Regulation|Article 4.5. Uniform Consumer Credit Code|Chapter 6. Administration|24-4.5-6-112. Temporary Relief

Sec. 112. Temporary Relief — With respect to an action brought to enjoin violations of the Article (IC 24-4.5-6-110) or unconscionable agreements or fraudulent or unconscionable conduct (IC 24-4.5-6-111), the department may apply to the court for appropriate temporary relief against a respondent, pending final determination of proceedings. If the court finds after a hearing held upon notice to the respondent that there is reasonable cause to believe that the respondent is engaging in or is likely to engage in conduct sought to be restrained, it may grant any temporary relief or restraining order it deems appropriate.Formerly: Acts 1971, P.L.366, SEC.7. As amended by P.L.14-1992, SEC.54.
IN Code § 24-4.5-6-115 (2021)
2021 Indiana Code|Title 24. Trade Regulation|Article 4.5. Uniform Consumer Credit Code|Chapter 6. Administration|24-4.5-6-115. Debtor's Remedies Not Affected

Sec. 115. Debtor's Remedies Not Affected — The grant of powers to the department in this Article does not affect remedies available to debtors under this Article or under other principles of law or equity.Formerly: Acts 1971, P.L.366, SEC.7. As amended by P.L.14-1992, SEC.57.
IN Code § 24-4.5-6-116 (2021)
2021 Indiana Code|Title 24. Trade Regulation|Article 4.5. Uniform Consumer Credit Code|Chapter 6. Administration|24-4.5-6-116. Venue

Sec. 116. Venue — The department may bring actions or proceedings in a court in a county in which an act on which the action or proceeding is based occurred or in a county in which respondent resides or transacts business or in a county otherwise authorized by rule or venue laws.Formerly: Acts 1971, P.L.366, SEC.7. As amended by P.L.14-1992, SEC.58.
IN Code § 24-4.5-6-117 (2021)
2021 Indiana Code|Title 24. Trade Regulation|Article 4.5. Uniform Consumer Credit Code|Chapter 6. Administration|24-4.5-6-117. "Civil Court" Defined

Sec. 117. As used in this article, "civil court" means any court of Indiana having civil jurisdiction.Formerly: Acts 1971, P.L.366, SEC.7. As amended by P.L.1-1990, SEC.244.
IN Code § 24-4.5-6-121 (2021)
2021 Indiana Code|Title 24. Trade Regulation|Article 4.5. Uniform Consumer Credit Code|Chapter 6. Administration|24-4.5-6-121. Consent Agreement; Notice of Charges Not Required

Sec. 121. If the director enters into a consent to a final order with a director, an officer, or a manager, the director is not required to issue and serve a notice of charges upon the director, officer, or manager under section 119 of this chapter. A consent agreement may be negotiated and entered into before or after the issuance of a notice of charges. The director shall provide a copy of the consent order to the board of directors of the creditor.As added by P.L.35-2010, SEC.75. Amended by P.L.176-2019, SEC.25.
IN Code § 24-4.5-6-122 (2021)
2021 Indiana Code|Title 24. Trade Regulation|Article 4.5. Uniform Consumer Credit Code|Chapter 6. Administration|24-4.5-6-122. Final Order; Penalties; Time for Issuance; Consent Presumed Upon Failure to Appear

Sec. 122. (a) Subject to section 120 of this chapter, if, after a hearing described in section 120(b) of this chapter, the department determines that a director, an officer, or a manager of a creditor has committed an act described in section 119 of this chapter, the department may issue a final order. If a hearing is not requested within the time specified in section 120(b) of this chapter, the director may issue a final order on the basis of the facts set forth in the written notice served under section 119(a) of this chapter.(b) Unless the director has entered into a consent agreement described in section 121 of this chapter, a final order must include separately stated findings of fact and conclusions of law for all aspects of the order.(c) In a final order under this section, the department or the director, as appropriate, may order one (1) or more of the following with respect to an officer, a director, or a manager of a creditor:(1) The removal of the officer, director, or manager from the person's office, position, or employment.(2) A prohibition against any participation by the officer, director, or manager in the conduct of the affairs of any creditor.(3) If the subject of the order is an officer or a director of a creditor, and subject to section 124 of this chapter, the imposition of a civil penalty not to exceed fifteen thousand dollars ($15,000) for each practice, violation, or act that:(A) is described in section 119 of this chapter; and(B) found to exist by the department or the director.(d) A final order shall be issued in writing not later than ninety (90) days after conclusion of a hearing held under section 120(b) of this chapter, unless this period is waived or extended with the written consent of all parties or for good cause shown.(e) If the officer, director, or manager does not appear individually or by an authorized representative at a hearing held under section 120(b) of this chapter, the officer, director, or manager is considered to have consented to the issuance of a final order.(f) The director may keep a final order confidential if the director determines that the immediate release of the order would endanger the stability of the creditor. However, after two (2) years following the date that an order is issued, a final order is no longer confidential.(g) The remedies provided in this chapter are in addition to other remedies contained in this article.As added by P.L.35-2010, SEC.76. Amended by P.L.176-2019, SEC.26.
IN Code § 24-4.5-6-123 (2021)
2021 Indiana Code|Title 24. Trade Regulation|Article 4.5. Uniform Consumer Credit Code|Chapter 6. Administration|24-4.5-6-123. Final Order; Effective Date; Authority of Department or Court to Stay, Modify, or Vacate

Sec. 123. (a) A final order issued under section 122 of this chapter is effective the eleventh day after the date the order is served. However, a final order issued upon consent under section 121 of this chapter is effective at the time specified in the order.(b) A final order remains effective and enforceable as provided in the order.(c) The department or a reviewing court may stay, modify, or vacate a final order.As added by P.L.35-2010, SEC.77.
IN Code § 24-4.5-6-124 (2021)
2021 Indiana Code|Title 24. Trade Regulation|Article 4.5. Uniform Consumer Credit Code|Chapter 6. Administration|24-4.5-6-124. Factors for Determining Amount of Civil Penalty; Indemnification by Creditor Prohibited; Deposit of Civil Penalties in Financial Institutions Fund

Sec. 124. (a) The director or the department, as appropriate, shall consider the following factors in determining the amount of a civil penalty that should be assessed against a director or an officer under section 122(c)(3) of this chapter:(1) The appropriateness of the civil penalty with respect to the financial resources and good faith of the individual charged.(2) The gravity of the practice, violation, or breach.(3) The history of previous practices, violations, or breaches.(4) The economic benefit derived by the individual from the practice, violation, or breach.(5) Other factors that justice requires.(b) A creditor may not indemnify a director or an officer for a civil penalty imposed against the director or officer under this section.(c) Civil penalties shall be deposited in the financial institutions fund established by IC 28-11-2-9.As added by P.L.35-2010, SEC.78.
IN Code § 24-4.5-6-125 (2021)
2021 Indiana Code|Title 24. Trade Regulation|Article 4.5. Uniform Consumer Credit Code|Chapter 6. Administration|24-4.5-6-125. Authority of Director to Enforce Orders, Agreements, or Conditions in Court

Sec. 125. The director may enforce any of the following by applying for appropriate relief to a court having jurisdiction:(1) An order issued under section 121 or 122 of this chapter.(2) A written agreement entered into by the director or the department and a director, an officer, or a manager of a creditor.(3) Any condition imposed in writing by the director or the department on a director, an officer, or a manager of a creditor.As added by P.L.35-2010, SEC.79. Amended by P.L.176-2019, SEC.27.(Part 2. Notifications and Fees)
IN Code § 24-4.5-6-201 (2021)
2021 Indiana Code|Title 24. Trade Regulation|Article 4.5. Uniform Consumer Credit Code|Chapter 6. Administration|24-4.5-6-201. Applicability of Notification Requirements and Fees

Sec. 201. (1) This section and sections 202 and 203 of this chapter apply to a person, including a depository institution, but not including a collection agency licensed under IC 25-11-1, engaged in Indiana in any of the following:(a) Making consumer credit sales, consumer leases, or consumer loans.(b) Taking assignments of rights against debtors that arise from sales, leases, or loans by a person having an office or a place of business in Indiana.(c) Undertaking direct collection of payments from the debtors or enforcement of rights against the debtors.(d) Placing consumer credit insurance, receiving commissions for consumer credit insurance, or acting as a limited line credit insurance producer in the sale of consumer credit insurance.(e) Selling insurance or other benefits, the charges for which are approved by the department as additional charges under IC 24-4.5-2-202 or IC 24-4.5-3-202.(2) This section and sections 202 and 203 of this chapter are not applicable to a seller whose credit sales consist entirely of sales made pursuant to a seller credit card issued by a person other than the seller if the issuer of the card has complied with the provisions of this section and sections 202 and 203 of this chapter.(3) This section and sections 202 and 203 of this chapter apply to a seller whose credit sales are made using credit cards that:(a) are issued by a lender;(b) are in the name of the seller; and(c) can be used by the buyer or lessee only for purchases or leases at locations of the named seller.Formerly: Acts 1971, P.L.366, SEC.7; Acts 1972, P.L.182, SEC.3. As amended by P.L.152-1986, SEC.72; P.L.14-1992, SEC.59; P.L.122-1994, SEC.36; P.L.176-1996, SEC.10; P.L.178-2003, SEC.11; P.L.10-2006, SEC.10 and P.L.57-2006, SEC.10; P.L.213-2007, SEC.17; P.L.217-2007, SEC.16; P.L.35-2010, SEC.80.