§ 68-140-313 — Enforcement of part

Whenever the commissioner has reason to believe that a violation of this part, the regulations promulgated under this part, or an order of the board, is occurring, or is about to occur, the commissioner may initiate any of the following enforcement measures: (1) The commissioner may initiate a proceeding before the board seeking any and all remedies hereinafter provided to the board; (2) The commissioner may initiate a civil action in the chancery court of Davidson County or of the county in which the alleged offender resides or does business. In such action, the commissioner may seek and the court is authorized to grant any form of relief, injunctive and other, available at law or equity; (3) If the activity involved appears to be a criminal offense, the commissioner may refer the matter to the appropriate district attorney general for prosecution; (4) With respect to any person required to be licensed, permitted, or authorized by this part, the commissioner may assess a civil penalty against such person in an amount not to exceed fifty dollars ($50.00) per day for each violation. In assessing the civil penalty, the commissioner may consider the following: (A) Whether the amount imposed will be a substantial economic deterrent to the violator; (B) The circumstances leading to the violation of the board's order; (C) The severity of the violation and the risk of harm to the public; (D) Economic benefits gained by the violator as a result of non-compliance; and (E) The interest of the public; and (5) Civil penalties assessed by the commissioner pursuant to subdivision (4) are final thirty (30) days after the date the assessment is served unless the alleged violator, within that time, seeks review by the board. If the violator fails to pay an assessment when it becomes final, the commissioner may apply to the appropriate court for a judgment and seek execution of such judgment.

Legislative History

Acts 1983, ch. 440, § 15; 1986, ch. 586, § 4; T.C.A., § § 68-39-513, 68-140-513.