Tenn. Comp. R. & Regs. 0780-05-10-.16

Current through January 8, 2025

Section 0780-05-10-.16 - CIVIL PENALTIES

(1) With respect to any person, partnership, firm, association or corporation required to comply with the provisions of Tenn. Code Ann. Title 62, Chapter 5, Part 4, or rules promulgated thereunder, 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
Tenn. Code Ann. § 62-5-401	Not more than $1,000.00 nor less than $25.00
Tenn. Code Ann. § 62-5-402(a)	Not more than $1,000.00 nor less than $25.00
Tenn. Code Ann. § 62-5-402(b)	Not more than $1,000.00 nor less than $25.00
Tenn. Code Ann. § 62-5-402(c)	Not more than $1,000.00 nor less than $25.00
Tenn. Code Ann. § 62-5-403	Not more than $1,000.00 nor less than $25.00
Tenn. Code Ann. § 62-5-404(b)	Not more than $1,000.00 nor less than $25.00
Tenn. Code Ann. § 62-5-404(c)	Not more than $1,000.00 nor less than $25.00
Rule 0780-05-10-.05(1)	Not more than $1,000.00 nor less than $25.00
Rule 0780-05-10-.05(2)(a)	Not more than $1,000.00 nor less than $25.00
Rule 0780-05-10-.05(2)(b)	Not more than $1,000.00 nor lees than $25.00
Rule 0780-05-10-.05(3)	Not more than $1,000.00 nor less than $25.00
Rule 0780-05-10-.06	Not more than $1,000.00 nor less than $25.00
Rule 0780-05-10-.07	Not more than $1,000.00 nor less than $25.00
Rule 0780-05-10-.08(2)	Not more than $1,000.00 nor less than $25.00
Rule 0780-05-10-.09(1)	Not more than $1,000.00 nor less than $25.00
Rule 0780-05-10-.09(2)	Not more than $1,000.00 nor less than $25.00
Rule 0780-05-10-.10(1)	Not more than $1,000.00 nor less than $25.00
Rule 0780-05-10-.10(2)	Not more than $1,000.00 nor less than $25.00
Rule 0780-05-10-.11	Not more than $1,000.00 nor less than $25.00
Rule 0780-05-10-.13(1)	Not more than $1,000.00 nor less than $25.00
Rule 0780-05-10-.13(2)	Not more than $1,000.00 nor less than $25.00
Rule 0780-05-10-.13(3)	Not more than $1,000.00 nor less than $25.00
Rule 0780-05-10-.13(4)	Not more than $1,000.00 nor less than $25.00
Rule 0780-05-10-.13(5)	Not more than $1,000.00 nor less than $25.00
Rule 0780-05-10-.14(1)	Not more than $1,000.00 nor less than $25.00
Rule 0780-05-10-.15(3)	Not more than $1,000.00 nor less than $25.00

(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. 0780-05-10-.16

Original rule filed October 22, 2002; effective January 5, 2003.

Authority: T.C.A. §§ 56-1-308 and 62-5-405(a), (b), and (e).