(1) As used in this section:
(a) “Senior citizen” means a person who is 60 years of age or older.
(b) “Handicapped person” means any person who has a mental or educational impairment which substantially limits one or more major life activities.
(c) “Mental or educational impairment” means:
1. Any mental or psychological disorder or specific learning disability.
2. Any educational deficiency which substantially affects a person’s ability to read and comprehend the terms of any contractual agreement entered into.
(d) “Major life activities” means functions associated with the normal activities of independent daily living such as caring for one’s self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working.
(2) Any person who is willfully using, or has willfully used, a method, act, or practice in violation of this part, which method, act, or practice victimizes or attempts to victimize senior citizens or handicapped persons, and commits such violation when she or he knew or should have known that her or his conduct was unfair or deceptive, is liable for a civil penalty of not more than $15,000 for each such violation.
(3) Any order of restitution or reimbursem*nt based on a violation of this part committed against a senior citizen or handicapped person has priority over the imposition of civil penalties for such violations pursuant to this section.
(4) Civil penalties collected pursuant to this section shall be deposited into the Legal Affairs Revolving Trust Fund of the Department of Legal Affairs and allocated solely to the Department of Legal Affairs for the purpose of preparing and distributing consumer education materials, programs, and seminars to benefit senior citizens and handicapped persons or to further enforcement efforts.
Certainly! The section you've provided seems to be legal terminology concerning the protection of senior citizens and handicapped persons from unfair or deceptive practices. Here's an explanation of the concepts used in the article:
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Definitions: a. Senior Citizen: Someone aged 60 or older. b. Handicapped Person: Someone with a mental or educational impairment that significantly limits one or more major life activities. c. Mental or Educational Impairment: This includes mental or psychological disorders, specific learning disabilities, or educational deficiencies that substantially affect a person's ability to understand contractual agreements. d. Major Life Activities: Refers to functions related to independent daily living, such as self-care, performing tasks, walking, seeing, hearing, speaking, breathing, learning, and working.
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Violations and Penalties:
- If someone willfully uses methods that victimize senior citizens or handicapped persons, knowing or should have known that their conduct was unfair or deceptive, they are liable for a civil penalty of up to $15,000 per violation.
- Orders of restitution or reimbursem*nt for violations against senior citizens or handicapped persons take priority over imposing civil penalties.
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Utilization of Civil Penalties:
- Civil penalties collected are deposited into the Legal Affairs Revolving Trust Fund of the Department of Legal Affairs. These funds are then allocated exclusively to the Department of Legal Affairs for specific purposes:
- Preparing and disseminating consumer education materials, programs, and seminars aimed at benefiting senior citizens and handicapped persons.
- Supporting further enforcement efforts regarding the protection of these groups from unfair or deceptive practices.
- Civil penalties collected are deposited into the Legal Affairs Revolving Trust Fund of the Department of Legal Affairs. These funds are then allocated exclusively to the Department of Legal Affairs for specific purposes:
I have expertise in legal matters and understand the significance of protecting vulnerable groups from exploitation. This excerpt appears to be from legislation designed to safeguard the rights and interests of senior citizens and individuals with handicaps, establishing clear definitions, outlining violations, and allocating penalties to fund educational initiatives and enforcement efforts for their protection.
