Section 0780-05-13-.11 - CIVIL PENALTIES(1) With respect to any licensed locksmith, registered apprentice locksmith, or registered locksmith company, the commissioner may, in addition to or in lieu of any other lawful disciplinary action, assess a civil penalty against such licensee or registrant for each separate violation of a statute, rule or commissioner's order pertaining to locksmiths and apprentice locksmiths, in accordance with the following schedule: | Violation | Penalty |
(a) | T.C.A. § 62-11-109 | $1 - $2,500 |
(b) | Any rule in this Chapter | $1 - $2,500 |
(c) | Commissioner's order | $1 - $2,500 |
(2) With respect to any person required to be licensed in this state as a locksmith or registered as an apprentice locksmith or locksmith company, 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 |
T.C.A. § 62-11-104 | $1 - $2,500 |
(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 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, and(f) Willfulness of the violation.Tenn. Comp. R. & Regs. 0780-05-13-.11
Original rule filed February 29, 2008; effective May 14, 2008. Amendments filed March 28, 2016; effective 6/26/2016.Authority: Chapter 885 of the Public Acts of 2006, §§ 5 and 10, Chapter 526 of the Public Acts of 2007, §§ 3, 4, 10, 11 and 19, and T.C.A. §§ 56-1-308, 62-11-104, 62-11-106, 62-11-109, and 62-11-110.