1. (1) With respect to any licensed home inspector, 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 home inspectors, in accordance with the following schedule: Violation Penalty

   1. (a) T.C.A. § 62-6-308 $50 - $1000
   2. (b) Rule 0780-05-12-.10 $50 - $1000
   3. (c) Commissioner’s order $50 - $1000

2. (2) With respect to any person required to be licensed in this state as a home inspector, 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. § 62-6-304 $50 - $1000
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;
   6. (f) Willfulness of the violation.

Authority: T.C.A. §§ 56-1-308, 62-6-303(a)(5), and 62-6-308 [effective July 1, 2006]; and Chapter 65 of the Public Acts of 2005, §§ 4, 5, 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.