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.