1. (1) With respect to any licensed professional soil scientist, the commissioner may, in addition to or in lieu of any other lawful disciplinary action, assess a civil penalty against a licensee for each separate violation of a statute, rule, or commissioner’s order pertaining to licensed professional soil scientists, in accordance with the following schedule: Violation Penalty T.C.A. § 62-18-207 $100 - $1,000 T.C.A. § 62-18-217 $100 - $1,000 Rule 0780-05-06-.08 $100 - $1,000 Rule 0780-05-06-.10 $100 - $1,000 Commissioner’s order $100 - $1,000

2. (2) With respect to any other person required to be licensed in this state as a licensed professional soil scientist, the commissioner may assess a civil penalty against such person for each separate violation of statute in accordance with the following schedule: Violation Penalty

   1. (a) T.C.A. § 62-18-204 $100 - $1,000
3. (3) Each day of continued violation may constitute a separate violation.

4. (4) In determining the amount of any civil penalty to be assessed pursuant to this rule, the commissioner may consider factors including, but not limited to, 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 public;
   4. (d) The economic benefits gained by the violator as a result of noncompliance; and
   5. (e) The interest of the public.

Authority: T.C.A. §§ 62-18-211 and 62-18-219. Administrative History: Original rule filed April 20, 2011; effective July 19, 2011. Repeal and new rule filed July 25, 2014; effective October 23, 2014.