Tenn. Comp. R. & Regs. 0120-02-.09

Current through October 22, 2024
Section 0120-02-.09 - 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. § 62-2-306(b)...................

. $500-1000

(b)

T.C.A. § 62-2-308(a)(1).................

$500-1000

(c)

Rule 0120-02-.02.....................

$500-1000

(d)

Rule 0120-02-.03.......................

$500-1000

(e)

Rule 0120-02-.04......................

$500-1000

(f)

Rule 0120-02-.05....................

$500-1000

(g)

Rule 0120-02-.06......................

$500-1000

(h)

Rule 0120-02-.07......................

$500-1000

(i)

Rule 0120-02-.08.......................

$500-1000

(j)

Board Order .....................

$500-1000

(2) With respect to any person required to be registered in this state as an architect, engineer or landscape architect, 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. § 62-2-601...................

$500-1000

(e)

T.C.A. § 62-2-602......................

$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. 0120-02-.09

Original rule filed January 29, 1987; effective March 15, 1987. Amendment filed December 9, 1991; effective January 23, 1992. Amendment filed February 26, 1999; effective May 12, 1999. Amendment filed March 9, 2007; effective May 23, 2007. Amendment filed January March, 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).