Section 0720-46-.08 - [Effective until 5/5/2024] PENALTIES(1) Civil Penalties (a) Purpose - The purpose of this rule is to set out a schedule designating the minimum and maximum civil penalties which may be assessed.(b) Schedule of Civil Penalties1. A Type A civil penalty may be imposed whenever the Commission finds the person who is required to be registered by the Commission is guilty of a willful and knowing violation of the Temporary Healthcare Staffing Registry Act, or regulations promulgated pursuant thereto, to such an extent that there is, or is likely to be an imminent substantial threat to the health, safety, and welfare of the public. For purposes of this section, a Type A penalty shall include, but not be limited to, a person who willfully and knowingly operates a staffing registry without registration from the Commission.2. A Type B civil penalty may be imposed whenever the Commission finds the person required to be registered by the Commission is guilty of a violation of the Temporary Healthcare Staffing Registry Act or regulations promulgated pursuant thereto in such manner as to impact directly on the care of patients received in a licensed healthcare facility or the public.3. A Type C civil penalty may be imposed whenever the Commission finds the person required to be registered by the Commission is guilty of a violation of the Temporary Healthcare Staffing Agency Registry or regulations promulgated thereto, which are neither directly detrimental to clients or the public, nor directly impact their care, but have only an indirect relationship to client care or the public.(c) Amount of Civil Penalties1. Type A civil penalties shall be assessed in the amount of not less than $1000 nor more than $5,000.2. Type B civil penalties may be assessed in the amount of not less than $500 and not more than $1000.3. Type C civil penalties may be assessed in the amount of not less than $100 and not more than $500.(d) Procedures for Assessing Civil Penalties1. The Commission's staff may initiate a civil penalty assessment by filing a Memorandum of Assessment of Civil Penalty. The Commission's staff shall state in the memorandum the facts and law upon which it relies in alleging a violation, the proposed amount of the civil penalty and the basis for such penalty. The Commission's staff may incorporate the Memorandum of Assessment of Civil Penalty with a Notice of Charges which may be issued attendant thereto.2. Civil penalties may also be initiated and assessed by the Commission during consideration of any Notice of Charges. In addition, the Commission may, upon good cause shown, assess a type and amount of civil penalty which was not recommended by the Commission's staff.3. In assessing the civil penalties pursuant to these rules the Commission may consider the following factors:(i) Whether the amount imposed will be a substantial economic deterrent to the violator;(ii) The circumstances leading to the violation;(iii) The severity of the violation and the risk of harm to the public;(iv) The economic benefits gained by the violator as a result of non-compliance; and(v) The interest of the public.4. All proceedings for the assessment of civil penalties shall be governed by the contested case provisions of T.C.A. Title 4, Chapter 5 and shall be heard by an Administrative Law Judge sitting alone.Tenn. Comp. R. & Regs. 0720-46-.08
Emergency rules filed 11/7/2023; exp. through 5/5/2024 (Emergency).Authority: T.C.A. §§ 68-11-2206 and 68-11-2207.