Civil Penalties

(1) In addition to or in lieu of any other lawful disciplinary action, the commissioner may: DISCIPLINARY ENFORCEMENT CHAPTER 0455-01-05 (Rule 0455-01-05-.06 continued) (a) Assess a civil penalty not to exceed five hundred dollars ($500.00) per violation against any licensee or person required to be licensed as a court reporter in Tennessee for each separate violation of T.C.A. § 20-9-608. (b) Assess a civil penalty not to exceed one thousand dollars ($1,000.00) per violation against any licensee or person required to be licensed as a court reporter in Tennessee for each separate statutory or regulatory violation excluding violations of T.C.A. § 20-9-608. (2) Each daily violation constitutes a separate offense. (3) In determining the amount of any 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; (e) The interest of the public; and (f) Willfulness of the violation.