1. (1) The Commission may, in a lawful proceeding with respect to any person licensed or required to be licensed, in addition to or in lieu of any other lawful disciplinary action, assess a civil penalty for a violation of a statute, rule or order, enforceable by the Commission, in accordance with the following schedule: Violation Penalty T.C.A. §68-115-204 $0 – 250,000 T.C.A. §68-115-209(a)(1) $0 – 250,000
2. (2) $0 – 250,000
3. (3) $0 – 250,000
4. (4) $0 – 250,000
5. (5) $0 – 250,000
6. (6) $0 – 250,000
7. (7) $0 – 250,000
8. (8) $0 – 250,000
9. (10) $0 – 250,000
10. (2) Each day of continued violation shall constitute a separate violation.

11. (3) In assessing civil penalties, the following factors may be considered by the Commission:

    1. (a) whether the amount imposed will be a substantial economic deterrent to the violator;
    2. (b) the circumstances leading to the violation;
    3. (c) the severity of the violation and the risk of harm to the public;
    4. (d) the economic benefits gained by the violator as a result of non-compliance; and
    5. (e) the interest of the public.

Authority: Chapter 1149 of the Public Acts of 2008, § 2 and T.C.A. §§68-115-201 and 68-115-216 [effective July 1, 2008]. Administrative History: Emergency rules 0145-01 through 0145-05 filed November 7, 2008; effective though April 21, 2009. Emergency rule filed April 20, 2009; effective through October 2, 2009. New rule filed March 17, 2009; effective May 31, 2009.