Section 0780-05-01-.35 - CIVIL PENALTIES(1) The Director 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 Director, in accordance with the following schedule: | VIOLATION | PENALTY |
| T.C.A. § 68-115-207(c)(1) | $0 - 1000 |
| (2) | $0 - 1000 |
| (3) | $0 - 1000 |
| (4) | $0 - 1000 |
| (5) | $0 - 1000 |
| Violation of any lawful order issued by the Director | $0 -1000 |
(2) Each day of continued violation shall constitute a separate violation.(3) In assessing civil penalties, the following factors may be considered: (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. 0780-05-01-.35
Original rule December 19, 1997; effective March 4, 1998.Authority: T.C.A. §§ 56-1-308 and 68-115-207.