1255-05-.02
Civil Penalties
Cite as Tenn. Comp. R. & Regs. 1255-05-.02
(1)
With respect to any license or certificate holder, the Commission, may in addition to or in lieu
of any other lawful disciplinary action, assess a civil penalty against such license or certificate
holder for each separate violation of a statute, rule or order pertaining to the Commission in
accordance with the following schedule:
Violation
Penalty
(a)
Tenn. Code Ann. § 62-39-302
$ 50 - $1,000
(b)
Tenn. Code Ann. § 62-39-317
$ 50 - $1,000
(c)
Tenn. Code Ann. § 62-39-323
$ 50 - $1,000
(d)
Tenn. Code Ann. § 62-39-324
$ 50 - $1,000
(e)
Tenn. Code Ann. § 62-39-326
$ 50 - $1,000
(f)
Tenn. Code Ann. § 62-39-329
$ 50 - $1,000
(g)
Tenn. Code Ann. § 62-39-338(c)
$ 50 - $1,000
(h)
Rule 1255-05-.01
$ 50 - $1,000
(i)
Rule 1255-06-.02
$ 50 - $1,000
(j)
Rule 1255-07-.01
$ 50 - $1,000
(k)
Commission Order
$ 50 - $1,000
(2)
With respect to any person required to be licensed or certified in this state as a state licensed
real estate appraiser, state certified residential real estate appraiser or state certified general
real estate appraiser (regardless of whether the person is actually licensed or certified), the
Commission may assess a civil penalty against such person for each separate violation of a
statute in accordance with the following schedule:
Violation
Penalty
(a)
T.C.A. § 62-39-103
$100 - $1,000
(b)
T.C.A. § 62-39-105
$100 - $1,000
(3)
Each day of continued violation may constitute a separate violation.
(4)
In determining the amount of civil penalty to be assessed pursuant to these rules, the
Commission may consider such factors as the following:
STANDARDS OF PROFESSIONAL PRACTICE
CHAPTER 1255-05
(a)
Whether the amount imposed will be substantial economic deterrent to the violation;
(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.