47-18-1307 - Sanctions for violations Penalties. - Tennessee Statutes

47-18-1307. Sanctions for violations Penalties.

(a)  (1)  If a person or the person's agent or employee conveys, or offers to convey, kerosene or motor fuel in violation of § 47-18-1304, then the person shall be subject to an administrative fine, to issuance of a stop-sale order, or to both, in the discretion of the commissioner. A stop-sale order shall be issued by the commissioner either as a Class One stop-sale order or as a Class Two stop-sale order. A Class One stop-sale order shall be issued for a specified period of time. A Class Two stop-sale order shall be issued until conditions identified within the order have been remedied.

     (2)  (A)  A Class One stop-sale order may not be issued by the commissioner for a specified period greater than twenty-four (24) hours unless the violation:

                (i)  Threatens public health or safety;

                (ii)  Is knowingly and intentionally committed; or

                (iii)  Reflects a continuing and repetitive pattern of disregard for the requirements of § 47-18-1304.

          (B)  A Class One stop-sale order duly issued by the commissioner for a specified period greater than twenty-four (24) hours may be issued for any period not in excess of two hundred forty (240) hours.

     (3)  (A)  An administrative fine may not be assessed by the commissioner in an amount greater than one thousand dollars ($1,000) unless the violation:

                (i)  Threatens public health or safety;

                (ii)  Is knowingly and intentionally committed; or

                (iii)  Reflects a continuing and repetitive pattern of disregard for the requirements of § 47-18-1304.

          (B)  An administrative fine duly assessed by the commissioner in an amount greater than one thousand dollars ($1,000) may be assessed for any amount not in excess of ten thousand dollars ($10,000).

(b)  (1)  If a person who conveys kerosene or motor fuel for consumption in Tennessee, or an agent or employee of such person, refuses during regular business hours to promptly provide, upon request, a sample for inspection and testing, then the refusal shall constitute a knowing and intentional violation of § 47-18-1304, and the person shall be subject to imposition of the appropriate penalties set forth in subsection (a).

     (2)  If a person who conveys kerosene or motor fuel for consumption in Tennessee, or an agent or employee of such person, interferes or attempts to interfere with the reasonable efforts of a field inspector or departmental official or employee to perform any duty or responsibility assigned pursuant to this part, then the interference or attempted interference shall constitute a knowing and intentional violation of § 47-18-1304, and the person shall be subject to imposition of the appropriate penalties set forth in subsection (a).

     (3)  If a person who conveys kerosene or motor fuel for consumption in Tennessee fails to register with the department as required by § 47-18-1304, then the person shall be subject to imposition of the penalties set forth in subsection (a).

     (4)  If a person who conveys kerosene or motor fuel for consumption in Tennessee violates a rule duly promulgated by the department under the authority of this part, then the violation shall constitute a violation of § 47-18-1304 and shall be subject to imposition of the penalties set forth in subsection (a).

(c)  If a person unknowingly receives kerosene or motor fuel that does not comply with the requirements of § 47-18-1304, and if as a result thereof the person is sanctioned pursuant to this section, then such person shall have the right to proceed in civil court to collect damages from those persons who, in violation of § 47-18-1304, conveyed the kerosene or motor fuel for consumption in Tennessee.

[Acts 1989, ch. 397, § 7.]