Section 1730-06-.07 - CIVIL PENALTIES(1) The Board may, in a lawful proceeding respecting licensing (as defined in the Uniform Administrative Procedures Act), in addition to or in lieu of any other lawful disciplinary action, assess civil penalties for violations of statutes, rules or orders enforceable by the board in accordance with the following schedule: | Violation | Penalty |
| T.C.A. § 44-17-601(b), (c), and (d) | $0-$1,000 |
| T.C.A. § 63-12-144(c) and (d) | $0-$1,000 |
| Rule 1730-06-.09 | $0-$1,000 |
| Rule 1730-06-.10 | $0-$1,000 |
| Rule 1730-06-.11 | $0-$1,000 |
| Board order | $0-$1,000 |
(2) Each day of continued violation may constitute a separate violation.(3) In determining the amount of any penalty to be assessed pursuant to this rule, the Board 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;(e) The interest of the public; and(f) Willfulness of the violation.(4) Each violation of any statute, rule or order enforceable by the Board shall constitute a separate and distinct offense and render the person committing the offense subject to a separate civil penalty for each violation.Tenn. Comp. R. & Regs. 1730-06-.07
Public necessity rule filed January 13, 2009; effective through June 27, 2009. Public necessity rule filed January 13, 2009; and effective through June 27, 2009; expired effective June 28, 2009, and reverted to its previous status. Original rule filed April 22, 2009; effective July 6, 2009.Authority: Chapter 805 of the Public Acts of 2008, §§2 and 3, and T.C.A. §§ 44-17-601, 63-01-134, and 63-12-144 [effective January 1, 2009].