Section 1230-01-02-.05 - GUIDELINES FOR APPLICATION OF PENALTIES(1) The Executive Committee shall determine and assess penalties consistent with the provisions of T.C.A. § 65-31-112. When considering and determining the penalty for a violation, the Executive Committee may consider the nature, circumstances and gravity of the violation, the degree of the respondent's culpability, the respondent's history of prior violations, and such other factors as may be appropriate.(2) When considering the history of prior violations, the Executive Committee shall consider only the number of violations occurring in the eighteen (18) months immediately preceding the date of the alleged violation when considering the respondent's history of violations, provided, however, that the Executive Committee may consider a violation occurring more than eighteen (18) months immediately preceding the date of the alleged violation if the citation for such violation has not been satisfied.Tenn. Comp. R. & Regs. 1230-01-02-.05
New rules filed June 8, 2021; effective 9/6/2021.Authority: T.C.A. §§ 65-31-112, 65-31-114(f)(1), and 65-31-115(a)(1).
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