(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.
determining the amount of a civil penalty the Commission may consider the
(a) whether the amount
imposed will be a substantial economic deterrent to the violator;
(b) the circumstances leading to the
(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
Tenn. Comp. R. & Regs.
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. §§
56-1-308. y: Original rule filed