1. (1) In addition to or in lieu of any other lawful disciplinary action, the commissioner may:

   1. (a) Assess a civil penalty not to exceed five hundred dollars ($500.00) per violation against any licensee or person required to be licensed as a court reporter in Tennessee for each separate violation of T.C.A. § 20-9-608.
   2. (b) Assess a civil penalty not to exceed one thousand dollars ($1,000.00) per violation against any licensee or person required to be licensed as a court reporter in Tennessee for each separate statutory or regulatory violation excluding violations of T.C.A. § 20-9-608.
2. (2) Each daily violation constitutes a separate offense.

3. (3) In determining the amount of any penalty to be assessed pursuant to this rule, the commissioner 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 noncompliance;
   5. (e) The interest of the public; and
   6. (f) Willfulness of the violation.

Authority: T.C.A. §§ 20-9-605, 20-9-606, 20-9-607, 20-9-608, and 56-1-308. Administrative History: Emergency rule filed February 1, 2010; effective through July 31, 2010. New rule filed February 1, 2010; effective July 29, 2010. Rule petitioned March 1, 2010. Emergency rule filed February 1, 2010 expired effective August 1, 2010. Original rule filed July 26, 2010; effective October 24, 2010. Amendments filed November 17, 2016; effective February 15, 2017. Amendments filed April 1, 2026; effective June 30, 2026.