1. (1) With respect to any person required to be registered by the Board as a land surveyor, the Board may, in addition to or in lieu of any other lawful disciplinary action, assess a civil penalty against such person for each separate violation of a statute, rule or order pertaining to the Board in accordance with the following schedule: Violation Penalty

   1. (a) T.C.A. § 62-18-101(b) $100 - $1000
   2. (b) T.C.A. § 62-18-116(a)(1)(A) $500 - $1000
   3. (c) (B) $250 - $1000
   4. (d) (C) $50 - $1000
   5. (e) (D) $50 - $1000
   6. (f) T.C.A. § 62-18-119(b) $500 - $1000
   7. (g) (c) $500 - $1000
   8. (h) T.C.A. § 62-18-120(a) $500 - $1000
   9. (i) (b) $50 - $1000
   10. (j) T.C.A. § 62-18-124(d) $50 - $1000
   11. (k) Violation of Board Order $100 - $1000
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 Board 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 non-compliance; and
   5. (e) The interest of the public. FOR LAND SURVEYORS

Authority: T.C.A. §§ 56-1-308, 62-18-105(d), and 62-18-115. Administrative History: Original rule filed June 6, 1974; effective July 6, 1974. Repeal and new rule filed November 18, 1985; effective February 12, 1986. Amendment filed November 20, 1991; effective January 4, 1992.