Tenn. Comp. R. & Regs. 0960-01-.13 - CIVIL PENALTIES

(1) The Commission may, in a lawful proceeding respecting any individual or entity required to be licensed, registered or certified or who is otherwise subject to regulation by the Commission, in addition to or in lieu of any other lawful disciplinary action, assess a civil penalty for each separate violation of a statute, rule, or order pertaining to such individual/entity. The amount of any such civil penalty assessed shall be a minimum of one hundred dollars ($100.00) and shall not exceed five thousand dollars ($5000.00) for each day of violation or for each act of violation.

(2) In determining the amount of a civil penalty the Commission may consider the following factors:

(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.

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

Notes

Tenn. Comp. R. & Regs. 0960-01-.13

Original rule filed February 16, 1990; effective April 2, 1990. Amendment filed March 17, 2005; effective May 31, 2005. Repeal and new rule filed August 20, 2008; effective November 3, 2008.

Authority: T.C.A. §§ 55-17-107, 55-17-117 and 56-1-308. y: Original rule filed