1. (1) With respect to any person required to be licensed by the Commission, the Commission may assess a civil penalty against such person, in addition to or in lieu of any other lawful disciplinary action, for a separate violation of a statute, rule, or order pertaining to the Commission in the amount of 0–$1,000.00.
2. (2) Each day of a continued violation under paragraph (1) constitutes a separate violation.
3. (3) The Commission’s administrative director and investigator, acting on behalf of the Commission, may issue citations to unlicensed individuals or entities in accordance with T.C.A. § 62-19-126 in the amount of 0–$2,500.00.

4. (4) In determining the amount of any penalty to be assessed pursuant to this rule, the Commission may consider such factors as the following:

   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: T.C.A. §§ 56-1-308, 62-19-106, 62-19-112, and 62-19-126. Administrative History: Original rule filed August 26, 1986; effective November 29, 1986. Amendment filed February 16, 1990; effective April 2, 1990. Amendment filed February 28, 2001; effective May 14, 2001. Amendment filed October 15, 2008; effective December 29, 2008. Amendments filed September 6, 2016; effective December 5, 2016. However, the Government Operations Committee filed an 11-day stay of the rule; new effective date December 16, 2016. Amendments filed April 13, 2020; effective July 12, 2020. Amendments filed August 11, 2025; effective November 9, 2025.