1. (1) With respect to any person required to comply with the provisions of T.C.A. Title 46, or rules promulgated thereunder, or granted an exemption under T.C.A. § 46-1-106(b), the Commissioner may, in addition to or in lieu of any other lawful disciplinary action, assess civil penalties against such person for each separate violation of a statute, rule or order pertaining to such provisions in accordance with the following schedule: Violation Penalty T.C.A. § 46-1-103(a) Not more than $1,000.00 nor less than $500.00 T.C.A. § 46-1-107(a) Not more than $1,000.00 nor less than $500.00 T.C.A. § 46-1-108(b) Not more than $1,000.00 nor less than $500.00 T.C.A. § 46-1-108(c) Not more than $1,000.00 nor less than $500.00 T.C.A. § 46-1-109(b) Not more than $1,000.00 nor less than $500.00 T.C.A. § 46-1-110 Not more than $1,000.00 nor less than $500.00 T.C.A. § 46-1-111 Not more than $1,000.00 nor less than $500.00 T.C.A. § 46-1-202 Not more than $1,000.00 nor less than $500.00 T.C.A. § 46-1-203 Not more than $1,000.00 nor less than $500.00 T.C.A. § 46-1-204 Not more than $1,000.00 nor less than $500.00 T.C.A. § 46-1-205 Not more than $1,000.00 nor less than $500.00 T.C.A. § 46-1-206 Not more than $1,000.00 nor less than $500.00 T.C.A. § 46-1-207 Not more than $1,000.00 nor less than $500.00 T.C.A. § 46-1-208 Not more than $1,000.00 nor less than $500.00 T.C.A. § 46-1-209(a) Not more than $1,000.00 nor less than $500.00 T.C.A. § 46-1-209(c) Not more than $1,000.00 nor less than $500.00 T.C.A. § 46-1-212 Not more than $1,000.00 nor less than $500.00 T.C.A. § 46-1-213 Not more than $1,000.00 nor less than $500.00 T.C.A. § 46-1-214(a) Not more than $1,000.00 nor less than $500.00 T.C.A. § 46-1-214(f) Not more than $1,000.00 nor less than $500.00 T.C.A. § 46-1-215(a) Not more than $1,000.00 nor less than $500.00 T.C.A. § 46-1-216 Not more than $1,000.00 nor less than $500.00 T.C.A. § 46-1-302(a) Not more than $1,000.00 nor less than $500.00 T.C.A. § 46-1-303(b) Not more than $1,000.00 nor less than $500.00 T.C.A. § 46-1-304(a) Not more than $1,000.00 nor less than $500.00 T.C.A. § 46-1-306(a) Not more than $1,000.00 nor less than $500.00 T.C.A. § 46-1-307(a) Not more than $1,000.00 nor less than $500.00 T.C.A. § 46-2-101(a)(3) Not more than $1,000.00 nor less than $500.00 T.C.A. § 46-2-101(b)(2) Not more than $1,000.00 nor less than $500.00 T.C.A. § 46-2-101(b)(3) Not more than $1,000.00 nor less than $500.00 T.C.A. § 46-2-101(b)(4) Not more than $1,000.00 nor less than $500.00 T.C.A. § 46-2-106(a) Not more than $1,000.00 nor less than $500.00
2. (2) Each day of continued violation shall constitute a separate violation.

3. (3) In determining the amount of any civil 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; and
   5. (e) The interest of the public.

Authority: T.C.A. §§ 46-1-301(b), 46-1-306(b), and 56-1-308. Administrative History: Original rule filed November 2, 2007; effective January 16, 2008.