Section 1177-02-.07 - CIVIL PENALTIES(1) The Council may, in a lawful proceeding under the Uniform Administrative Procedures Act codified as T.C.A., Title 4, Chapter 5, assess civil penalties, not to exceed one thousand dollars ($1,000.00) per violation, for violations of statutes, rules or orders enforceable by the Council. Each day of continued violation may constitute a separate violation. In determining the amount of the penalty assessed pursuant to this rule, the Council 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 non-compliance; and(e) The best interest of the public.(2) Civil penalties will be categorized as follows:(a) Category I. ($700-$1,000) Violations involving fraud, providing false information or documents, and failure to account or produce official court documents and reports. Violations involving unregistered practice.(b) Category II. ($300-$699) Violations involving noncompliance with private entity registration requirements such as failure to submit required periodic reports and documents; violations involving Codes of Professional Conduct set forth in 1177-02-.04.(c) Category III. ($100-$299) Violations involving private probation entity operations such as failure to maintain required records and documentation.Tenn. Comp. R. & Regs. 1177-02-.07
Original rule filed June 23, 2005; effective September 6, 2005. Amendments filed August 12, 2016; effective 11/10/2016.Authority: T.C.A. §§ 16-3-909, 16-3-910, and 56-1-308.