Tenn. Comp. R. & Regs. 0680-07-.16

Current through December 10, 2024
Section 0680-07-.16 - CIVIL PENALTIES
(1) The Board may in a lawful proceeding respecting licensing (as defined in the Uniform Administrative Procedures Act), and T.C.A. § 56-1 -308, in addition to or in lieu of any other lawful disciplinary action, assess civil penalties for violations of statutes, rules, or orders enforceable by the Board in accordance with the following schedule:

Violation

Penalty

T.C.A. § 62-6-502

$50.00-$1,000.00

T.C.A. § 62-6-509(a)(1-6)

$50.00-$500.00

T.C.A. § 62-6-510(1)(2)(5)(6)(7)(8)(9)(1 0)(11)(12)(13)(15)(16)

$50.00-$500.00

T.C.A. § 62-6-510(3), (4), or (141)

$50.00-$25,000.00

(2) In determining the amount of any 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 violator;
(b) The circumstances leading to the violation;
(c) The severity of the violation and the risk to consumers;
(d) The economic benefits gained by the violator as a result of non-compliance;
(e) The interest of the public;
(f) The willfulness of the violation; and,
(g) The extent to which the licensee has sought to compensate any victim(s) of the violation.
(3) For the purposes of assessment of civil penalties pursuant to this rule each day of continued violation shall constitute a separate violation.

Tenn. Comp. R. & Regs. 0680-07-.16

New rule filed June 8, 2017; to have been effective September 6, 2017. However, the Government Operations Committee filed a 45-day stay of the effective date of the rules on August 17, 2017; new effective date 10/21/2017.

Authority: T.C.A. §§ 62-6-509, 62-6-513, 62-6-518.