1. (1) The commissioner may issue citations against persons acting in the capacity of or engaging in the business of a home inspector without a license in violation of T.C.A. § 62-6-304. Each citation shall be in writing and describe with particularity the basis of the citation. Each citation shall contain an order to cease all violations of the applicable law, and an assessment of a civil penalty in accordance with the following schedule: Violation Penalty

   1. (a) T.C.A. § 62-6-304 $50 - $1000

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

      1. 1. Whether the amount imposed will be a substantial economic deterrent to the violator;
      2. 2. The circumstances leading to the violation;
      3. 3. The severity of the violation and the risk of harm to the public;
      4. 4. The economic benefits gained by the violator as a result of noncompliance;
      5. 5. The interest of the public;
      6. 6. Willfulness of the violation.

Authority: T.C.A. §§ 62-6-303(a)(5) and 62-6-308(b) [effective July 1, 2006]; and Chapter 65 of the Public Acts of 2005, §§ 4, 8, 9, 11, and 12. Administrative History: Public necessity rule filed April 7, 2006; effective through September 19, 2006. Original rule filed July 3, 2006; effective September 16, 2006.