Tenn. Comp. R. & Regs. 0145-04-.01 - CIVIL PENALTIES

(1) The Commission may, in a lawful proceeding with respect to any person licensed or required to be licensed, in addition to or in lieu of any other lawful disciplinary action, assess a civil penalty for a violation of a statute, rule or order, enforceable by the Commission, in accordance with the following schedule:

Violation	Penalty
T.C.A. § 68-115-204	$0 - 250,000
T.C.A. § 68-115-209(a)(1)	$0 - 250,000
(2)	$0 - 250,000
(3)	$0 - 250,000
(4)	$0 - 250,000
(5)	$0 - 250,000
(6)	$0 - 250,000
(7)	$0 - 250,000
(8)	$0 - 250,000
(10)	$0 - 250,000

(2) Each day of continued violation shall constitute a separate violation.

(3) In assessing civil penalties, the following factors may be considered by the Commission:

(a) whether the amount imposed will be a substantial economic deterrent to the violator;

(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; and

(e) the interest of the public.

Notes

Tenn. Comp. R. & Regs. 0145-04-.01

Emergency rules 0145-01 through 0145-05 filed November 7, 2008; effective though April 21, 2009. Emergency rule filed April 20, 2009; effective through October 2, 2009. New rule filed March 17, 2009; effective May 31, 2009.

Authority: Chapter 1149 of the Public Acts of 2008, § 2 and T.C.A. §§ 68-115-201 and 68-115-216 [effective July 1, 2008].