Section 0780-05-12-.09 - CIVIL PENALTIES(1) With respect to any licensed home inspector, the commissioner may, in addition to or in lieu of any other lawful disciplinary action, assess a civil penalty against such licensee for each separate violation of a statute, rule or commissioner's order pertaining to home inspectors, in accordance with the following schedule: | Violation | Penalty |
| (a) T.C.A. § 62-6-308 | $50 - $1000 |
| (b) Rule 0780-5-12-.10 | $50 - $1000 |
| (c) Commissioner's order | $50 - $1000 |
(2) With respect to any person required to be licensed in this state as a home inspector, the commissioner 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. § 62-6-304 | $50 - $1000 |
(3) Each day of continued violation may constitute a separate violation.(4) In determining the amount of any penalty to be assessed pursuant to this rule, the commissioner 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 of harm to the public;(d) The economic benefits gained by the violator as a result of noncompliance;(e) The interest of the public;(f) Willfulness of the violation.Tenn. Comp. R. & Regs. 0780-05-12-.09
Public necessity rule filed April 7, 2006; effective through September 19, 2006. Original rule filed July 3, 2006; effective September 16, 2006.Authority: T.C.A. §§ 56-1-308, 62-6-303(a)(5) and 62-6-308 [effective July 1, 2006], and Chapter 65 of the Public Acts of2005, §§ 4, 5, 11, and 12.