Tenn. Comp. R. & Regs. 0180-08-.06

Current through January 8, 2025

Section 0180-08-.06 - VIOLATIONS

(1) Enforcement

(a) If, after notice and an opportunity to be heard, the commissioner finds that a person has violated T.C.A. § 47-14-104 or any rule promulgated thereunder, the commissioner may:

1. order the person to cease and desist violating T.C.A. § 47-14-104 or any rule promulgated thereunder: and/or

2. order the person to refund any interest, loan charges, and any other charges imposed in violation of T.C.A. § 47-14-104 and/or any rule promulgated thereunder.

(b) If a person violates an order issued pursuant to Rule 0180-8-.06(1)(a), the commissioner may, after notice and an opportunity to be heard, assess a civil penalty of five hundred dollars ($500) per day for each day during which such violation continues. The penalty imposed under this section is in addition to and not in lieu of penalties available under any other applicable law.

(2) Service of notice required by Rule 0180-8-.06 (1) (a) The commissioner or a person designated by the commissioner shall serve the notice required by Rule 0180-8-.06(1) as follows:

1. by delivering the notice personally to the person charged with violating T.C.A. § 47-14-104 or any rule promulgated thereunder: or

2. by sending the notice registered return receipt for certified return receipt mail to the person charged with violating T.C.A. § 47-14-104 or any rule promulgated thereunder; or

3. by providing the notice to the person charged with violating T.C.A. § 47-14-104 or any rule promulgated thereunder by any other method allowed by law in judicial proceedings.

Tenn. Comp. R. & Regs. 0180-08-.06

Original rule filed July 27, 1998; effective November 28, 1998.

Authority: T.C.A. §§ 45-1-107(h), 45-1-108 and 47-14-104(b).