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-.25 - CIVIL PENALTIES

Universal Citation: TN Comp Rules and Regs 0780-05-09-.25

Current through September 24, 2024

(1) With respect to any person required to comply with the provisions of T.C.A. Title 46, or rules promulgated thereunder, or granted an exemption under T.C.A. § 46-1-106(b), the Commissioner may, in addition to or in lieu of any other lawful disciplinary action, assess civil penalties against such person for each separate violation of a statute, rule or order pertaining to such provisions in accordance with the following schedule:

Violation Penalty

Violation Penalty
T.C.A. § 46-1-103(a) Not more than $1,000.00 nor less than $500.00
T.C.A. § 46-1-107(a) Not more than $1,000.00 nor less than $500.00
T.C.A. § 46-1-108(b) Not more than $1,000.00 nor less than $500.00
T.C.A. § 46-1-108(c) Not more than $1,000.00 nor less than $500.00
T.C.A. § 46-1-109(b) Not more than $1,000.00 nor less than $500.00
T.C.A. § 46-1-110 Not more than $1,000.00 nor less than $500.00
T.C.A. § 46-1-111 Not more than $1,000.00 nor less than $500.00
T.C.A. § 46-1-202 Not more than $1,000.00 nor less than $500.00
T.C.A. § 46-1-203 Not more than $1,000.00 nor less than $500.00
T.C.A. § 46-1-204 Not more than $1,000.00 nor less than $500.00
T.C.A. § 46-1-205 Not more than $1,000.00 nor less than $500.00
T.C.A. § 46-1-206 Not more than $1,000.00 nor less than $500.00
T.C.A. § 46-1-207 Not more than $1,000.00 nor less than $500.00
T.C.A. § 46-1-208 Not more than $1,000.00 nor less than $500.00
T.C.A. § 46-1-209(a) Not more than $1,000.00 nor less than $500.00
T.C.A. § 46-1-209(c) Not more than $1,000.00 nor less than $500.00
T.C.A. § 46-1-212 Not more than $1,000.00 nor less than $500.00
T.C.A. § 46-1-213 Not more than $1,000.00 nor less than $500.00
T.C.A. § 46-1-214(a) Not more than $1,000.00 nor less than $500.00
T.C.A. § 46-1-214(f) Not more than $1,000.00 nor less than $500.00
T.C.A. § 46-1-215(a) Not more than $1,000.00 nor less than $500.00
T.C.A. § 46-1-216 Not more than $1,000.00 nor less than $500.00
T.C.A. § 46-1-302(a) Not more than $1,000.00 nor less than $500.00
T.C.A. § 46-1-303(b) Not more than $1,000.00 nor less than $500.00
T.C.A. § 46-1-304(a) Not more than $1,000.00 nor less than $500.00
T.C.A. § 46-1-306(a) Not more than $1,000.00 nor less than $500.00
T.C.A. § 46-1-307(a) Not more than $1,000.00 nor less than $500.00
T.C.A. § 46-2-101(a)(3) Not more than $1,000.00 nor less than $500.00
T.C.A. § 46-2-101(b)(2) Not more than $1,000.00 nor less than $500.00
T.C.A. § 46-2-101(b)(3) Not more than $1,000.00 nor less than $500.00
T.C.A. § 46-2-101(b)(4) Not more than $1,000.00 nor less than $500.00
T.C.A. § 46-2-106(a) Not more than $1,000.00 nor less than $500.00

(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(b), 46-1-306(b) and 56-1-308.

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