Rules & Regulations of the State of Tennessee
Title 0780 - Commerce and Insurance
Subtitle 0780-05 - Division of Regulatory Boards
Chapter 0780-05-09 - Cemeteries
Section 0780-05-09-.24 - TRUSTEE CIVIL PENALTIES

Current through September 24, 2024

(1) With respect to any trustee required to comply with the provisions of T.C.A. Title 46, or rules promulgated thereunder, the Commissioner may, in addition to or in lieu of any other lawful disciplinary action, assess civil penalties against such trustee for each separate violation of a statute, rule or order pertaining to such provisions in accordance with the following schedule:

Violation Penalty
T.C.A. § 46-1-204(e)(4)(C) Not more than $10,000. 00
nor less than $1000.00
T.C.A. § 46-1-207(d) Not more than $10,000. 00
nor less than $1,000.00
T.C.A. § 46-1-208 Not more than $10,000. 00
nor less than $1000.00
T.C.A. § 46-1-214(b) Not more than $10,000. 00
nor less than $1,000.00
T.C.A. § 46-1-215(b) Not more than $10,000. 00
nor less than $1,000.00
T.C.A. § 46-1-302(a) Not more than $10,000. 00
nor less than $1,000.00
T.C.A. § 46-1-306(a)(10) Not more than $10,000. 00
nor less than $1,000.00
T.C.A. § 46-1-306(c) Not more than $10,000. 00
nor less than $1,000.00
T.C.A. § 46-1-306(e) Not more than $10,000. 00
nor less than $1,000.00

(2) Each day of continued violation shall constitute a separate violation.

(3) In determining the amount of any civil penalty to be assessed pursuant to this rule, the Commissioner 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 noncompliance; and

(e) the interest of the public.

Authority: T.C.A. §§ 46-1-301 and 46-1-306(c).

Disclaimer: These regulations may not be the most recent version. Tennessee may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.