Tenn. Comp. R. & Regs. 0320-04-.01

Current through September 10, 2024
Section 0320-04-.01 - CIVIL PENALTIES
(1) The Board may, in a lawful proceeding respecting licensing (as defined in the Uniform Administrative Procedures Act), in addition to or in lieu of any other lawful disciplinary action, assess civil penalties for violations of statutes, rules or orders enforceable by the Board in accordance with the following schedule:

ViolationPenalty
T.C.A., § 62-20-115(a)(3)$0 - $1,000
T.C.A., § 62-20-115(b)(1)$0 - $1,000
T.C.A., § 62-20-115(b)(2)$0 - $1,000
T.C.A., § 62-20-115(b)(3)$0 - $1,000
T.C.A., § 62-20-115(b)(4)$0 - $1,000
T.C.A., § 62-20-115(b)(5)$0 - $1,000

(2) In determining the amount of any 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 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. 0320-04-.01

Original rule filed January 23, 1990; effective March 9, 1990.

Authority: T.C.A. §§ 62-20-104 and 56-1-308.