Tenn. Comp. R. & Regs. 1255-05-.02 - CIVIL PENALTIES

(1) With respect to any license or certificate holder, the Commission, may in addition to or in lieu of any other lawful disciplinary action, assess a civil penalty against such license or certificate holder 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. § 62-39-302	$ 50 - $1,000
(b)Tenn. Code Ann. § 62-39-317	$ 50 - $1,000
(c)Tenn. Code Ann. § 62-39-323	$ 50 - $1,000
(d)Tenn. Code Ann. § 62-39-324	$ 50 - $1,000
(e)Tenn. Code Ann. § 62-39-326	$ 50 - $1,000
(f)Tenn. Code Ann. § 62-39-329	$ 50 - $1,000
(g)Tenn. Code Ann. § 62-39-338(c)	$ 50 - $1,000
(h) Rule 1255-5-.01	$ 50 - $1,000
(i) Rule 1255-6-.02	$ 50 - $1,000
(j) Rule 1255-7-.01	$ 50 - $1,000
(k) Commission Order	$ 50 - $1,000

(2) With respect to any person required to be licensed or certified in this state as a state licensed real estate appraiser, state certified residential real estate appraiser or state certified general real estate appraiser (regardless of whether the person is actually licensed or certified), the Commission may assess a civil penalty against such person for each separate violation of a statute in accordance with the following schedule:

Violation	Penalty
(a)T.C.A. § 62-39-103	$100 - $1,000
(b)T.C.A. § 62-39-105	$100 - $1,000

(3) Each day of continued violation may constitute a separate violation.

(4) In determining the amount of civil penalty to be assessed pursuant to this rules, the Commission may consider such factors as the following:

(a) Whether the amount imposed will be substantial economic deterrent to the violation;

(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

Tenn. Comp. R. & Regs. 1255-05-.02

Original rule filed December 16, 1997; effective March 1, 1998. Amendments filed December 13, 2004; effective February 26, 2005.

Authority: T.C.A. §§ 56-1-308, 62-39-203, 62-39-204, 62-39-308 and 62-39-326.