Section 0090-02-.01 - CIVIL PENALTIES(1) Any person, partnership, firm, association, or corporation which engages or offers to engage in contracting without a certification or license as required by T.C.A. § 62-32-304 or who violates the terms and conditions of any certification, license, or renewal thereof granted by the Commissioner pursuant to this part shall be subject to a civil penalty of not more than five thousand dollars ($5,000) per occurrence.(2) Any person, firm, or corporation which engages or offers to engage in contracting without a certification or license as required by T.C.A. § 62-32-304 shall be ineligible to apply for such certification or license until six (6) months after the violation occurred.(3) In addition to revocation or suspension of a certification, license, or registration under T.C.A. § 62-32-319(b), a civil penalty of not more than five thousand dollars ($5,000) may be assessed by the Commissioner for each separate statutory violation.(4) For all other violations of T.C.A., Title 62, Chapter 32, Part 3, or the Commissioner's rules, the Commissioner shall have the authority to issue civil penalties up to but not exceeding five thousand dollars ($5,000) for each separate violation.(5) In determining the amount of any civil penalty to be assessed pursuant to this rule, the Commissioner shall consider the degree and extent of harm caused by the violation.Tenn. Comp. R. & Regs. 0090-02-.01
Original rule filed January 14, 1993; effective February 28, 1993. Amendments filed March 22, 2023; effective 6/20/2023.Authority: T.C.A. §§ 56-1-308, 62-32-304, 62-32-307(a), 62-32-319, and 62-32-320.