Section 0120-04-.11 - CIVIL PENALTIES(1) With respect to any registrant, the Board may, in addition to or in lieu of any other lawful disciplinary action, assess a civil penalty against such registrant for each separate violation of a statute, rule or order pertaining to the Board in accordance with the following schedule: Violation | | Penalty |
(a) | T.C.A. § 62-2-308(a)(1).................. | .$500-1000 |
(b) | Rule 0120-04-.10.................... | .$500-1000 |
(c) | Board Order ......................... | ..$500-1000 |
(2) With respect to any person required to be registered in this state to use the title "registered interior designer," the Board 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. § 62-2-101..................... | $500-1000 |
(b) | T.C.A. § 62-2-105(a)(1) .................... | $500-1000 |
(c) | T.C.A. § 62-2-105(b)(1)................... | .$500-1000 |
(d) | T.C.A. § 62-2-903....................... | $500-1000 |
(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 rule, the Board may consider such factors as the following:(a) Whether the amount imposed will be a 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 non-compliance;(e) The interest of the public;(f) Prior disciplinary action in any jurisdiction or repeated violations; and(g) Self-reporting of the offense, cooperation with the Board's investigation, and any corrective action taken.Tenn. Comp. R. & Regs. 0120-04-.11
Original rule filed March 9, 2011; effective June 7, 2011. Amendments filed October 28, 2016; effective 1/26/2017.Authority: T.C.A. §§ 56-1-308, 62-2-105, 62-2-106, and 62-2-203(c).