Tenn. Comp. R. & Regs. 0780-05-09-.25

Current through January 8, 2025

Section 0780-05-09-.25 - CIVIL PENALTIES

(1) With respect to any person required to comply with the provisions of T.C.A. Title 46, or rules promulgated thereunder, or granted an exemption under T.C.A. § 46-1-106(b), the Commissioner may, in addition to or in lieu of any other lawful disciplinary action, assess civil penalties against such person for each separate violation of a statute, rule or order pertaining to such provisions in accordance with the following schedule:

Violation Penalty

Violation	Penalty
T.C.A. § 46-1-103(a)	Not more than $1,000.00 nor less than $500.00
T.C.A. § 46-1-107(a)	Not more than $1,000.00 nor less than $500.00
T.C.A. § 46-1-108(b)	Not more than $1,000.00 nor less than $500.00
T.C.A. § 46-1-108(c)	Not more than $1,000.00 nor less than $500.00
T.C.A. § 46-1-109(b)	Not more than $1,000.00 nor less than $500.00
T.C.A. § 46-1-110	Not more than $1,000.00 nor less than $500.00
T.C.A. § 46-1-111	Not more than $1,000.00 nor less than $500.00
T.C.A. § 46-1-202	Not more than $1,000.00 nor less than $500.00
T.C.A. § 46-1-203	Not more than $1,000.00 nor less than $500.00
T.C.A. § 46-1-204	Not more than $1,000.00 nor less than $500.00
T.C.A. § 46-1-205	Not more than $1,000.00 nor less than $500.00
T.C.A. § 46-1-206	Not more than $1,000.00 nor less than $500.00
T.C.A. § 46-1-207	Not more than $1,000.00 nor less than $500.00
T.C.A. § 46-1-208	Not more than $1,000.00 nor less than $500.00
T.C.A. § 46-1-209(a)	Not more than $1,000.00 nor less than $500.00
T.C.A. § 46-1-209(c)	Not more than $1,000.00 nor less than $500.00
T.C.A. § 46-1-212	Not more than $1,000.00 nor less than $500.00
T.C.A. § 46-1-213	Not more than $1,000.00 nor less than $500.00
T.C.A. § 46-1-214(a)	Not more than $1,000.00 nor less than $500.00
T.C.A. § 46-1-214(f)	Not more than $1,000.00 nor less than $500.00
T.C.A. § 46-1-215(a)	Not more than $1,000.00 nor less than $500.00
T.C.A. § 46-1-216	Not more than $1,000.00 nor less than $500.00
T.C.A. § 46-1-302(a)	Not more than $1,000.00 nor less than $500.00
T.C.A. § 46-1-303(b)	Not more than $1,000.00 nor less than $500.00
T.C.A. § 46-1-304(a)	Not more than $1,000.00 nor less than $500.00
T.C.A. § 46-1-306(a)	Not more than $1,000.00 nor less than $500.00
T.C.A. § 46-1-307(a)	Not more than $1,000.00 nor less than $500.00
T.C.A. § 46-2-101(a)(3)	Not more than $1,000.00 nor less than $500.00
T.C.A. § 46-2-101(b)(2)	Not more than $1,000.00 nor less than $500.00
T.C.A. § 46-2-101(b)(3)	Not more than $1,000.00 nor less than $500.00
T.C.A. § 46-2-101(b)(4)	Not more than $1,000.00 nor less than $500.00
T.C.A. § 46-2-106(a)	Not more than $1,000.00 nor less than $500.00

(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-.25

Original rule filed November 2, 2007; effective January 16, 2008.

Authority: T.C.A. §§ 46-1-301(b), 46-1-306(b) and 56-1-308.