Tenn. Comp. R. & Regs. 1177-02-.07 - CIVIL PENALTIES
(1) The Council
may, in a lawful proceeding under the Uniform Administrative Procedures Act
codified as T.C.A., Title 4, Chapter 5, assess civil penalties, not to exceed
one thousand dollars ($1,000.00) per violation, for violations of statutes,
rules or orders enforceable by the Council. Each day of continued violation may
constitute a separate violation. In determining the amount of the penalty
assessed pursuant to this rule, the Council may consider such factors as the
following:
(a) Whether the amount imposed will
be a substantial economic deterrent to the violator;
(b) The circumstances leading to the
violation;
(c) The severity of the
violation and the risk of harm to the public;
(d) The economic benefits gained by the
violator as a result of non-compliance; and
(e) The best interest of the
public.
(2) Civil
penalties will be categorized as follows:
(a)
Category I. ($700-$1,000) Violations involving fraud, providing false
information or documents, and failure to account or produce official court
documents and reports. Violations involving unregistered practice.
(b) Category II. ($300-$699) Violations
involving noncompliance with private entity registration requirements such as
failure to submit required periodic reports and documents; violations involving
Codes of Professional Conduct set forth in
1177-02-.04.
(c) Category III. ($100-$299) Violations
involving private probation entity operations such as failure to maintain
required records and documentation.
Notes
Authority: T.C.A. ยงยง 16-3-909, 16-3-910, and 56-1-308.
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