Section 0780-05-06-.09 - Civil Penalties(1) With respect to any licensed professional soil scientist, the commissioner may, in addition to or in lieu of any other lawful disciplinary action, assess a civil penalty against a licensee for each separate violation of a statute, rule, or commissioner's order pertaining to licensed professional soil scientists, in accordance with the following schedule: Violation | Penalty |
(a) T.C.A. § 62-18-207 | $100-$1,000 |
(b) T.C.A. § 62-18-217 | $100-$1,000 |
(c) Rule0780-05-06-.08 | $100-$1,000 |
(d) Rule 0780-05-06-. 10 | $100-$1,000 |
(e) Commissioner's order | $100-$1,000 |
(2) With respect to any other person required to be licensed in this state as a licensed professional soil scientist, the commissioner may assess a civil penalty against such person for each separate violation of statute in accordance with the following schedule: Violation | Penalty |
(a) T.C.A. § 62-18-204 | $100-$1,000 |
(3) Each day of continued violation may constitute a separate violation.(4) In determining the amount of any civil penalty to be assessed pursuant to this rule, the commissioner may consider factors including, but not limited to, 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 public;(d) The economic benefits gained by the violator as a result of noncompliance; and(e) The interest of the public.Tenn. Comp. R. & Regs. 0780-05-06-.09
Original rule filed April 20, 2011; effective July 19, 2011; effective 10/23/2014.Authority: T.C.A. §§ 62-18-211 and 62-18-219.