47-18-5533 - Administrative remedies. [Effective July 1, 2010.] - Tennessee Statutes

47-18-5533. Administrative remedies. [Effective July 1, 2010.]

(a)  The administrator may enforce this part and rules adopted under this part by taking one (1) or more of the following actions:

     (1)  Ordering a provider or a director, employee or other agent of a provider to cease and desist from any violations;

     (2)  Ordering a provider or a person that has caused a violation to correct the violation, including making restitution of money or property to a person aggrieved by a violation;

     (3)  Subject to adjustment of the dollar amount pursuant to § 47-18-5532(f), imposing on a provider or a person that has caused a violation a civil penalty not exceeding ten thousand dollars ($10,000) for each violation;

     (4)  Prosecuting a civil action to:

          (A)  Enforce an order;

          (B)  Obtain restitution or an injunction or other equitable relief, or both; or

     (5)  Intervening in an action brought under § 47-18-5535.

(b)  Subject to adjustment of the dollar amount pursuant to § 47-18-5532(f), if a person violates or knowingly authorizes, directs or aids in the violation of a final order issued under subdivision (a)(1) or (a)(2), the administrator may impose a civil penalty not exceeding twenty thousand dollars ($20,000) for each violation.

(c)  The administrator may maintain an action to enforce this part in any county.

(d)  The administrator may recover the reasonable costs of enforcing this part under subsections (a)-(c), including attorney's fees based on the hours reasonably expended and the hourly rates for attorneys of comparable experience in the community.

(e)  In determining the amount of a civil penalty to impose under subsection (a) or (b), the administrator shall consider the seriousness of the violation, the good faith of the violator, any previous violations by the violator, the deleterious effect of the violation on the public and any other factor the administrator considers relevant to the determination of the civil penalty.

[Acts 2009, ch. 469, § 1.]