Civil Penalties

(1) The Board may in a lawful proceeding respecting licensing (as defined in the Uniform Administrative Procedures Act), and T.C.A. § 56-1-308, in addition to or in lieu of any other lawful disciplinary action, assess civil penalties for violations of statutes, rules, or orders enforceable by the Board in accordance with the following schedule: Violation Penalty T.C.A. § 62-6-502 $50.00-$1,000.00 T.C.A. § 62-6-509(a)(1-6) $50.00-$500.00 T.C.A. § 62-6-510(1)(2)(5)(6)(7)(8)(9)(10)(11)(12)(13)(15)(16) $50.00-$500.00 T.C.A. § 62-6-510(3), (4), or (141) $50.00-$25,000.00 GENERAL REGULATIONS FOR HOME IMPROVEMENT CONTRACTORS CHAPTER 0680-07 (2) In determining the amount of any penalty to be assessed pursuant to this rule, the Board 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 to consumers; (d) The economic benefits gained by the violator as a result of non-compliance; (e) The interest of the public; (f) The willfulness of the violation; and, (g) The extent to which the licensee has sought to compensate any victim(s) of the violation. (3) For the purposes of assessment of civil penalties pursuant to this rule each day of continued violation shall constitute a separate violation.