Section 0145-04-.01 - CIVIL PENALTIES(1) The Commission may, in a lawful proceeding with respect to any person licensed or required to be licensed, in addition to or in lieu of any other lawful disciplinary action, assess a civil penalty for a violation of a statute, rule or order, enforceable by the Commission, in accordance with the following schedule: | Violation | Penalty |
| T.C.A. § 68-115-204 | $0 - 250,000 |
| T.C.A. § 68-115-209(a)(1) | $0 - 250,000 |
| (2) | $0 - 250,000 |
| (3) | $0 - 250,000 |
| (4) | $0 - 250,000 |
| (5) | $0 - 250,000 |
| (6) | $0 - 250,000 |
| (7) | $0 - 250,000 |
| (8) | $0 - 250,000 |
| (10) | $0 - 250,000 |
(2) Each day of continued violation shall constitute a separate violation.(3) In assessing civil penalties, the following factors may be considered by the Commission: (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 non-compliance; and(e) the interest of the public.Tenn. Comp. R. & Regs. 0145-04-.01
Emergency rules 0145-01 through 0145-05 filed November 7, 2008; effective though April 21, 2009. Emergency rule filed April 20, 2009; effective through October 2, 2009. New rule filed March 17, 2009; effective May 31, 2009.Authority: Chapter 1149 of the Public Acts of 2008, § 2 and T.C.A. §§ 68-115-201 and 68-115-216 [effective July 1, 2008].