§ 68-126-410 — Violations - Penalties - Injunctions

(a) For purposes of this section, "imminent safety hazard" means a hazard creating an imminent and unreasonable risk of death or severe personal injury. (b) Any person who violates any provision of this part, or any rule or regulation promulgated under this part, shall be subject to the following penalties: (1) If the violation does not create an imminent safety hazard, the following shall apply: (A) The commissioner shall notify the installer, in writing, of the violation or violations and direct the installer to correct the violation or violations within thirty (30) days of the date of the letter. Such notification shall also be sent to the retailer. Upon appropriate written request, the commissioner may grant an extension of time to correct the violation or violations. In determining whether such a violation has occurred, the inspector shall take into account the manufacturer's installation instructions. The installer shall respond to the commissioner, in writing, and confirm that corrections have been made and outline the steps taken to correct the violation or violations. The commissioner may reinspect the home or verify with the homeowner that corrections were made; (B) If after notification of the violation or violations and after thirty (30) days have passed, the installer has not corrected the violations, then the commissioner may, after providing notice and an opportunity for a hearing pursuant to the Uniform Administrative Act, compiled in title 4, chapter 5, revoke or suspend the license of the installer. In addition to or in lieu of any other lawful discipline, the commissioner may assess a civil penalty in accordance with the following schedule: (i) For a first offense within a one-year period, a civil penalty of one hundred dollars ($100); (ii) For a second offense not involving the same violation within a one-year period, a civil penalty in an amount of one hundred dollars ($100) to five hundred dollars ($500); (iii) For a third or subsequent offense not involving the same violation within a two-year period, a civil penalty in an amount of five hundred dollars ($500) to two thousand five hundred dollars ($2,500); (iv) For a second or subsequent offense involving the same violation within a two-year period, a civil penalty of two thousand five hundred dollars ($2,500); and (v) In addition to or in lieu of imposing other lawful discipline, the commissioner may require an installer to take additional education or retake the examination or both; and (C) In any finding of violation or violations, the inspector shall cite on the inspection report the section from the manufacturer's installation instructions, or other applicable installation standards, pertaining to the violation or violations. If the responsibility for the violation or violations is not clear and the retailer presents no documentation to the contrary, the retailer shall be held responsible for the entire installation; (2) If the violation creates an imminent safety hazard, the following shall apply: (A) The commissioner shall notify the installer immediately, in writing, of the violation or violations and direct the installer to correct the violation or violations immediately. Such notification shall also be sent to the retailer. In determining whether such a violation has occurred, the inspector shall take into account the manufacturer's installation instructions. The installer shall respond to the commissioner, in writing, within twenty-four (24) hours of receiving notification of the violation or violations and provide a plan of corrective action outlining the steps that will be taken to correct the violation or violations. The commissioner may reinspect the home or verify with the homeowner that corrections were made; (B) If after notification of the violation or violations and after twenty-four (24) hours have passed, the installer has not submitted an acceptable plan of corrective action, then the commissioner may, after providing notice and an opportunity for a hearing pursuant to the Uniform Administrative Act, revoke or suspend the license of the installer. In addition to or in lieu of any other lawful discipline, the commissioner may assess a civil penalty in accordance with the schedule set forth in subdivision (b)(1)(B); (C) In addition to or in lieu of imposing other lawful discipline, the commissioner may require an installer to take additional education or retake the examination or both; and (D) In any finding of a violation or violations, the inspector shall cite on the inspection report the section from the manufacturer's installation instructions, or other applicable installation standards, pertaining to the violation or violations. If the responsibility for the violation or violations is not clear and the installer presents no documentation to the contrary, the retailer shall be held responsible for the entire installation. (c) Any person who violates any provision of this part, or of any rule or regulation promulgated pursuant to this part, commits a Class C misdemeanor. (d) The commissioner may also seek injunctive relief against any violation of this part, or of any rule or regulation promulgated pursuant to this part, in accordance with the procedure established in § 68-135-111 .

Legislative History

Acts 1976, ch. 626, § 10; T.C.A., §§ 53-6210, 68-45-110; Acts 1989, ch. 591, § 113; T.C.A., § 68-36-410; Acts 2002, ch. 793, § 17.