Tenn. Comp. R. & Regs. 0780-05-10-.16 - CIVIL PENALTIES
(1) With respect to
any person , partnership, firm, association or corporation required to comply
with the provisions of Tenn. Code Ann. Title 62, Chapter 5, Part 4, or rules
promulgated thereunder, the Commissioner may, in addition to or in lieu of any
other lawful disciplinary action, assess civil penalties against such person
for each separate violation of a statute, rule or order pertaining to such
provisions in accordance with the following schedule:
| Violation | Penalty |
| Tenn. Code Ann. § 62-5-401 | Not more than $1,000.00 nor less than $25.00 |
| Tenn. Code Ann. § 62-5-402(a) | Not more than $1,000.00 nor less than $25.00 |
| Tenn. Code Ann. § 62-5-402(b) | Not more than $1,000.00 nor less than $25.00 |
| Tenn. Code Ann. § 62-5-402(c) | Not more than $1,000.00 nor less than $25.00 |
| Tenn. Code Ann. § 62-5-403 | Not more than $1,000.00 nor less than $25.00 |
| Tenn. Code Ann. § 62-5-404(b) | Not more than $1,000.00 nor less than $25.00 |
| Tenn. Code Ann. § 62-5-404(c) | Not more than $1,000.00 nor less than $25.00 |
| Rule 0780-05-10-.05(1) | Not more than $1,000.00 nor less than $25.00 |
| Rule 0780-05-10-.05(2)(a) | Not more than $1,000.00 nor less than $25.00 |
| Rule 0780-05-10-.05(2)(b) | Not more than $1,000.00 nor lees than $25.00 |
| Rule 0780-05-10-.05(3) | Not more than $1,000.00 nor less than $25.00 |
| Rule 0780-05-10-.06 | Not more than $1,000.00 nor less than $25.00 |
| Rule 0780-05-10-.07 | Not more than $1,000.00 nor less than $25.00 |
| Rule 0780-05-10-.08(2) | Not more than $1,000.00 nor less than $25.00 |
| Rule 0780-05-10-.09(1) | Not more than $1,000.00 nor less than $25.00 |
| Rule 0780-05-10-.09(2) | Not more than $1,000.00 nor less than $25.00 |
| Rule 0780-05-10-.10(1) | Not more than $1,000.00 nor less than $25.00 |
| Rule 0780-05-10-.10(2) | Not more than $1,000.00 nor less than $25.00 |
| Rule 0780-05-10-.11 | Not more than $1,000.00 nor less than $25.00 |
| Rule 0780-05-10-.13(1) | Not more than $1,000.00 nor less than $25.00 |
| Rule 0780-05-10-.13(2) | Not more than $1,000.00 nor less than $25.00 |
| Rule 0780-05-10-.13(3) | Not more than $1,000.00 nor less than $25.00 |
| Rule 0780-05-10-.13(4) | Not more than $1,000.00 nor less than $25.00 |
| Rule 0780-05-10-.13(5) | Not more than $1,000.00 nor less than $25.00 |
| Rule 0780-05-10-.14(1) | Not more than $1,000.00 nor less than $25.00 |
| Rule 0780-05-10-.15(3) | Not more than $1,000.00 nor less than $25.00 |
(2)
Each day of continued violation shall constitute a separate
violation.
(3) In determining the
amount of any civil penalty to be assessed pursuant to this rule, the
Commissioner may consider such factors as the following:
(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 noncompliance; and
(e) the interest of the public.
Notes
Authority: T.C.A. §§ 56-1-308 and 62-5-405(a), (b), and (e).
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