Section 0400-20-04-.13 - DELIBERATE MISCONDUCT(1) This rule applies to any-(a) Licensee or registrant;(c) Quality assurance program approval holder;(d) Applicant for a license, certificate, or quality assurance program approval;(e) Contractor (including a supplier or consultant) or subcontractor, to any person identified in subparagraph (1)(d) of this rule; or(f) Employees of any person identified in subparagraphs (a) through (e) of this paragraph.(2) A person identified in paragraph (1) of this rule who knowingly provides to any entity, listed in subparagraphs (1)(a) through (e) of this rule, any components, equipment, materials, or other goods or services that relate to a licensee's, registrant's certificate holder's, quality assurance program approval holder's, or applicant's activities under these regulations, shall not:(a) Engage in deliberate misconduct that causes or would have caused, if not detected, a licensee, registrant, certificate holder, quality assurance program approval holder, or any applicant to be in violation of any rule, regulation or order; or any term, condition, or limitation of any license registration, or certificate issued by the Division; or(b) Deliberately submit to the Division, a licensee, a registrant, a certificate holder, a quality assurance program approval holder, an applicant for a license or registration, certificate, or quality assurance program approval, or a licensee's or registrant's, applicant's, certificate holder's or quality assurance program approval holder's contractor or subcontractor, information that the person submitting the information knows to be incomplete or inaccurate in some respect material to the Division.(3) A person who violates subparagraph (2)(a) or (b) of this rule may be subject to possible civil and criminal penalties.(4) For the purposes of subparagraph (2)(a) of this rule, deliberate misconduct by a person means an intentional act or omission that the person knows: (a) Would cause a licensee, registrant, certificate holder, quality assurance program approval holder, or applicant for a license, registration, certificate, or quality assurance program approval to be in violation of any rule, regulation, or order; or any term, condition, or limitation of any license, registration, or certificate issued by the Division; or(b) Constitutes a violation of a requirement, procedure, instruction, contract, purchase order or policy of a licensee, registrant, certificate holder, quality assurance program approval holder, applicant, contractor or subcontractor of any of them.Tenn. Comp. R. & Regs. 0400-20-04-.13
Original rule filed February 22, 2012; effective May 22, 2012.Authority: T.C.A. §§ 68-202-201 et seq. and 4-5-201 et seq.