47-18-107 - Assurance of voluntary compliance Penalty for violation. - Tennessee Statutes

47-18-107. Assurance of voluntary compliance Penalty for violation.

(a)  In the administration of this part, the attorney general and reporter, at the request of the division, may negotiate and accept an assurance of voluntary compliance with respect to any act or practice considered to violate this part, from any person who allegedly is engaging in, has engaged in, or, based upon information received from another law enforcement agency, is about to engage in the act or practice. The assurance shall be in writing and shall be filed with and subject to the approval of the circuit or chancery court of Davidson County.

(b)  The acceptance of an assurance of voluntary compliance may be conditioned on the stipulation that the person considered to be in violation of this part restore to any person in interest any money or property, real, personal, or mixed, which may have been acquired by means of acts or practices which are considered to violate this part.

(c)  An assurance of voluntary compliance shall not be considered an admission of prior violation of this part. However, unless an assurance has been rescinded by agreement of the parties or voided by a court for good cause, subsequent failure to comply with the terms of the assurance is prima facie evidence of a violation of this part.

(d)  Matters closed by the filing of an assurance of voluntary compliance may be reopened for cause by the division at any time.

(e)  Assurance of voluntary compliance shall in no way affect individual rights of action which may exist independent of the recovery of money or property received pursuant to a stipulation in voluntary compliance under subsection (b).

(f)  Any knowing violation of the terms of an agreement of voluntary compliance, unless it has been rescinded by agreement of the parties or voided by a court for good cause, shall be punishable by a civil penalty of not more than one thousand dollars ($1,000), recoverable by the state for each violation, in addition to any other appropriate sanction.

[Acts 1977, ch. 438, § 8.]