1. (1) With respect to any person, partnership, firm, association, corporation, or entity that is licensed or required to be licensed as a private investigator or private investigations company, the Commissioner may, in addition to or in lieu of any other lawful disciplinary action, assess a civil penalty against such person, partnership, firm, association, corporation, or entity for each separate violation of a statute, rule, or order pertaining to the Commissioner in accordance with the following schedule: Violation Penalty

   1. (a) T.C.A. § 62-26-217(a)(1) $1 - $2,000
   2. (b) T.C.A. § 62-26-217(a)(2) $1 - $2,000
   3. (c) T.C.A. § 62-26-217(a)(3) $1 - $2,000
   4. (d) T.C.A. § 62-26-217(a)(4) $1 - $2,000
   5. (e) T.C.A. § 62-26-217(a)(5) $1 - $2,000

2. (2) 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 or 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.

Authority: T.C.A. §§ 56-1-308, 62-26-217, 62-35-129, and 62-35-143. Administrative History: Original rule filed March 10, 1993; effective April 24, 1993. Amendment filed March 3, 1995; effective May 17, 1995. Amendment filed September 19, 2003; effective December 3, 2003. Amendments filed March 22, 2023; effective June 20, 2023.