Section 0780-05-09-.24 - TRUSTEE CIVIL PENALTIES(1) With respect to any trustee required to comply with the provisions of T.C.A. Title 46, or rules promulgated thereunder, the Commissioner may, in addition to or in lieu of any other lawful disciplinary action, assess civil penalties against such trustee for each separate violation of a statute, rule or order pertaining to such provisions in accordance with the following schedule: | Violation | Penalty |
| T.C.A. § 46-1-204(e)(4)(C) | Not more than $10,000. 00 |
| nor less than $1000.00 |
| T.C.A. § 46-1-207(d) | Not more than $10,000. 00 |
| nor less than $1,000.00 |
| T.C.A. § 46-1-208 | Not more than $10,000. 00 |
| nor less than $1000.00 |
| T.C.A. § 46-1-214(b) | Not more than $10,000. 00 |
| nor less than $1,000.00 |
| T.C.A. § 46-1-215(b) | Not more than $10,000. 00 |
| nor less than $1,000.00 |
| T.C.A. § 46-1-302(a) | Not more than $10,000. 00 |
| nor less than $1,000.00 |
| T.C.A. § 46-1-306(a)(10) | Not more than $10,000. 00 |
| nor less than $1,000.00 |
| T.C.A. § 46-1-306(c) | Not more than $10,000. 00 |
| nor less than $1,000.00 |
| T.C.A. § 46-1-306(e) | Not more than $10,000. 00 |
| nor less than $1,000.00 |
(2) Each day of continued violation shall constitute a separate violation.(3) In determining the amount of any civil 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; and(e) the interest of the public.Tenn. Comp. R. & Regs. 0780-05-09-.24
Original rule filed November 2, 2007; effective January 16, 2008.Authority: T.C.A. §§ 46-1-301 and 46-1-306(c).