Section 0780-05-07-.09 - CIVIL PENALTIES(1) With respect to any licensed professional geologist, the commissioner may, in addition to or in lieu of any other lawful disciplinary action, assess a civil penalty against such licensee for each separate violation of a statute, rule or commissioner's order pertaining to licensed professional geologists, in accordance with the following schedule: | Violation | Penalty |
| (a) T.C.A. § 62-36-119 | $0 - $1,000 |
| (b) Rule 0780-5-7-.08 | $0 - $1,000 |
| (c) Rule 0780-5-7-.10 | $0 - $1,000 |
| (d) Commissioner's order | $0 - $1,000 |
(2) With respect to any person required to be licensed in this state as a licensed professional geologist, the commissioner may assess a civil penalty against such person for each separate violation of a statute in accordance with the following schedule: | Violation | Penalty |
| (a) T.C.A. § 62-36-104 | $0 - $1,000 |
(3) Each day of continued violation may constitute a separate violation.(4) In determining the amount of any penalty to be assessed pursuant to this rule, the commissioner 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 noncompliance;(e) The interest of the public.Tenn. Comp. R. & Regs. 0780-05-07-.09
Public necessity rule filed November 21, 2007; effective through May 10, 2008. Rule expired May 11, 2008; reverted back to its prior status. Original rule filed March 26, 2008; effective June 9, 2008.Authority: Chapter 495 of the Public Acts of 2007, §§ 10, 11, and 15 and T. C. A. §§ 62-36-114 and 6236-122 [effective January 1, 2008] and T.C.A. § 56-1-308.