Tenn. Comp. R. & Regs. 0680-01-.19 - CIVIL PENALTIES

(1) The Board may in a lawful proceeding respecting licensing (as defined in the Uniform Administrative Procedures Act), and T.C.A. § 56-1-308, in addition to or in lieu of any other lawful disciplinary action, assess civil penalties for violations of statutes, rules, or orders enforceable by the Board in accordance with the following schedule:

Violation	Penalty
Tennessee Code Annotated
62-6-101 et seq	$50.00 - $1,000.00
62-6-120(d)	$50.00 - $5,000.00
Rules of Tennessee
Board for Licensing
General Contractors
0680-01-.08	$50.00 - $1,000.00
0680-01-.09(1)	$50.00 - $1,000.00
0680-01-.09(2)	$50.00 - $1,000.00
0680-01-.11	$50.00 - $1,000.00
0680-01-.24	$50.00 - $1,000.00
0680-01-.13(4)	$50.00 - $5,000.00
0680-01-.18	$50.00 - $5,000.00
Other Rules	$50.00 - $1,000.00
Orders	$50.00 - $1,000.00

(2) In determining the amount of any penalty to be assessed pursuant to this rule, the Board may consider such factors as the following:

(a) Whether the amount imposed will be 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;

(e) The interest of the public;

(f) Willfulness of the violation; and

(g) Extent to which the licensee has sought to compensate any victim(s) of the violation.

(3) For the purposes of assessment of civil penalties pursuant to this rule, each day of continued violation shall constitute a separate violation.

(4) With regard to the monetary amount in (1) above, the Board reserves the right to waive the limitation therein in appropriate circumstances as provided for in writing by the Board. In no event, shall the penalties assessed by the Board exceed the statutory authorization.

Notes

Tenn. Comp. R. & Regs. 0680-01-.19

Original rule filed January 21, 1986; effective February 20, 1986. Amendment filed January 31, 1996; effective April 16, 1996. Amendment filed July 25, 2011; effective October 23, 2011.

Authority: T.C.A. §§ 62-8-103, 62-6-108, 56-1-308, and 62-6-120.