(1) With respect to
any registrant, the
Board may, in addition to or in lieu of any other lawful
disciplinary action, assess a civil penalty against such registrant for each
separate violation of a statute, rule or order pertaining to the
Board in
accordance with the following schedule:
Violation
|
|
Penalty
|
(a)
|
T.C.A. §
62-2-308(a)(1)..................
|
.$500-1000
|
(b)
|
Rule
0120-04-.10....................
|
.$500-1000
|
(c)
|
Board Order .........................
|
..$500-1000
|
(2)
With respect to any person required to be registered in this state to use the
title "registered interior designer," the
Board may assess a civil penalty
against such person for each separate violation of a statute in accordance with
the following schedule:
Violation
|
|
Penalty
|
(a)
|
T.C.A. §
62-2-101.....................
|
$500-1000
|
(b)
|
T.C.A. §
62-2-105(a)(1)
....................
|
$500-1000
|
(c)
|
T.C.A. §
62-2-105(b)(1)...................
|
.$500-1000
|
(d)
|
T.C.A. §
62-2-903.......................
|
$500-1000
|
(3)
Each day of continued violation may constitute a separate violation.
(4) In determining the amount of civil
penalty to be assessed pursuant to this rule, the
Board may consider such
factors as the following:
(a) Whether the
amount imposed will be a substantial economic deterrent to the
violation;
(b) The circumstances
leading to the violation;
(c) The
severity of the violation and the risk of harm to the public;
(d) The economic benefits gained by the
violator as a result of non-compliance;
(e) The interest of the public;
(f) Prior disciplinary action in any
jurisdiction or repeated violations; and
(g) Self-reporting of the offense,
cooperation with the Board's investigation, and any corrective action
taken.
Notes
Tenn. Comp. R. & Regs.
0120-04-.11
Original rule
filed March 9, 2011; effective June 7, 2011. Amendments filed October 28, 2016;
effective 1/26/2017.
Authority: T.C.A. §§
56-1-308,
62-2-105,
62-2-106, and
62-2-203(c).