1. (1) The Commission may, in a lawful proceeding against any person required to be licensed by the Commission, in addition to or in lieu of any other lawful disciplinary action, assess a civil penalty for each separate violation of a statute, rule, or order pertaining to the Commission in the amount of $0–$1,000.00.
2. (2) With respect to any person required to be licensed by the Commission as a real estate broker who is not licensed, the Commission may assess a civil penalty against such person for each separate violation of a statute in the amount of $0–$1,000.00.
3. (3) Each day of a continued violation may constitute a separate violation.

4. (4) In determining the amount of a civil penalty, the Commission may consider such factors as the following:

   1. (a) Whether the amount imposed will be a substantial economic deterrent to the violation;
   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.

Authority: T.C.A. §§ 56-1-308 and 62-13-203. Administrative History: New rule filed June 4, 1985; effective July 4, 1985. Amendment filed September 13, 1989; effective October 28, 1989. Amendment filed October 15, 1990; effective November 29, 1990. Amendment filed October 1, 1998; effective December 15, 1998. Repeal and new rule filed December 3, 2012; effective March 3, 2013. Amendments filed June 25, 2025; effective September 23, 2025.