§ 65-28-108 — Penalty provisions

(a) Any person who violates §§ 65-28-104 - 65-28-111, or of any regulation issued under such sections, is subject to a civil penalty not to exceed one hundred thousand dollars ($100,000) for each such violation for each day that such violation persists, except that the maximum civil penalty shall not exceed one million dollars ($1,000,000) for any continuing series of violations. (b) Any civil penalty may be compromised by the commission. In determining the amount of such penalty, or the amount agreed upon in compromise, the appropriateness of such penalty to the size of the business of the person charged, the gravity of the violation, and the good faith of the person charged in attempting to achieve compliance, after notification of a violation, shall be considered. The amount of such penalty, when finally determined, or the amount agreed upon in compromise, shall be paid within thirty (30) days after the determination to the commission, to be used for the purposes of §§ 65-28-104 - 65-28-111; and, if not paid within such time, may be recovered in a civil action brought by the commission in the chancery court of any county in which a violation exists.

Legislative History

Amended by 2021 Tenn. Acts, ch. 307, s 11, eff. 7/1/2021. Acts 1970, ch. 558, § 6; T.C.A., § 65-2809; Acts 1991, ch. 439, § 2; 1995, ch. 305, § 36.