Tenn. Comp. R. & Regs. 0120-04-.11 - CIVIL PENALTIES

(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).

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