1. (1) With respect to any licensed professional geologist, the commissioner may, in addition to or in lieu of any other lawful disciplinary action, assess a civil penalty against such licensee for each separate violation of a statute, rule or commissioner’s order pertaining to licensed professional geologists, in accordance with the following schedule: Violation Penalty

   1. (a) T.C.A. § 62-36-119 $0 - $1,000
   2. (b) Rule 0780-5-7-.08 $0 - $1,000
   3. (c) Rule 0780-5-7-.10 $0 - $1,000
   4. (d) Commissioner’s order $0 - $1,000

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

   1. (a) T.C.A. § 62-36-104 $0 - $1,000
3. (3) Each day of continued violation may constitute a separate violation.

4. (4) 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.

Authority: Chapter 495 of the Public Acts of 2007, §§ 10, 11, and 15 and T. C. A. §§ 62-36-114 and 62- 36-122 [effective January 1, 2008] and T.C.A. § 56-1-308. Administrative History: Public necessity rule filed November 21, 2007; effective through May 10, 2008. Rule expired May 11, 2008; reverted back to its prior status. Original rule filed March 26, 2008; effective June 9, 2008.