Tenn. Comp. R. & Regs. 1175-01-.15 - CIVIL PENALTIES

Current through March 20, 2022

(1) With respect to any person, partnership, firm, association, corporation or entity required to be licensed by the Commission, the Commission may, in addition to or in lieu of any other lawful disciplinary action, assess a civil penalty against such person, partnership, firm, association, corporation or entity for each separate violation of a statute, rule or order pertaining to the Commission in accordance with the following schedule:

Violation Penalty
(a) Tenn. Code Ann. § 62-26-217(a)(1) $1 - $2,000
(b) Tenn. Code Ann. § 62-26-217(a)(2) $1 - $2,000
(c) Tenn. Code Ann. § 62-26-217(a)(3) $1 - $2,000
(d) Tenn. Code Ann. § 62-26-217(a)(4) $1 - $2,000
(e) Tenn. Code Ann. § 62-26-217(a)(5) $1 - $2,000
(2) In determining the amount of any civil penalty to be assessed pursuant to this rule, the Commission 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 or 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. 1175-01-.15
Original rule filed March 10, 1993; effective April 24, 1993. Amendment filed March 3, 1995; effective May 17, 1995. Amendment filed September 19, 2003; effective December 3, 2003.

Authority: T.C.A. §§ 56-1-308, 62-26-217, and 62-26-303.

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