(a)

1. (1) An original equipment manufacturer who knowingly violates any provision of this chapter, or who reasonably should have known that they violated any provision of this chapter, shall be liable for a civil penalty of up to two thousand five hundred dollars ($2,500) per powered wheelchair, not exceeding two hundred fifty thousand dollars ($250,000), for a first violation.
2. (2) In the case of a first violation, an original equipment manufacturer who does not knowingly violate this chapter may be provided a three-day right to cure the violation before a civil penalty is imposed.
3. (3) An original equipment manufacturer who commits a second or subsequent violation of this chapter shall be liable for a civil penalty of up to ten thousand dollars ($10,000) per powered wheelchair, not exceeding two hundred fifty thousand dollars ($250,000) for each series of related violations.

4. (4) An original equipment manufacturer who fails to provide a part because it is out of stock and they are unable to obtain the part shall not be subject to the fines described in this subdivision if the original equipment manufacturer does both of the following:

   1. (A) They inform the customer or independent repair provider that the part is out of stock, and, consequently, they are unable to obtain the part.
   2. (B) They make the part available to the consumer or independent repair provider within three business days of when that part becomes available.

(c)

1. (1) Any person injured by violation of this chapter may bring a civil action for damages or other appropriate relief.
2. (2) The Attorney General or district attorney may bring a civil action in the name of the state for violation of this chapter.
3. (3) An action brought pursuant to this chapter shall be commenced within three years from the date of the alleged violation.