62-6-308 - Disciplinary powers of commissioner. - Tennessee Statutes

62-6-308. Disciplinary powers of commissioner.

(a)  The commissioner may take disciplinary action against a licensee or applicant, deny an application for a license, assess a civil penalty of up to one thousand dollars ($1,000) per violation, or may suspend, revoke, or refuse to issue or renew a license when a licensee performs or attempts to perform any of the following acts:

     (1)  Accepting or offering commissions or allowances, directly or indirectly, from or to parties other than the client, unless fully disclosed to the client in writing;

     (2)  Performing or offering to perform repair or maintenance work on a property the licensee has inspected in the preceding twelve (12) months;

     (3)  Using a home inspection with the intention to obtain work in another field or profession;

     (4)  Accepting compensation, financial or otherwise, from more than one (1) interested party for the same service without the consent of all interested parties;

     (5)  Failing to disclose to the client any financial interest or any relationship that may affect the client's interest;

     (6)  Disclosing information concerning the results of a home inspection without the approval of the client or the client's legal representative, except under a court order;

     (7)  Knowingly making a false or misleading representation about:

          (A)  The condition of a residential dwelling for which the licensee has performed or has contracted to perform a home inspection; or

          (B)  The extent of the services the licensee has performed or will perform;

     (8)  Committing a felony in the course of the practice of home inspection;

     (9)  Violating any provisions of this part or rules promulgated by the commissioner under this part;

     (10)  Making a false or misleading representation:

          (A)  In a license or renewal application form; or

          (B)  In information provided to the commissioner;

     (11)  Failing to pay any fees or fines required by this part;

     (12)  Failing to continuously maintain the insurance required by this part;

     (13)  Communicating to the public false or misleading information about the type of license held by the licensee;

     (14)  Engaging in a course of lewd or immoral conduct in connection with the delivery of services to clients; or

     (15)  Failing to complete the continuing education requirements established by the commissioner.

(b)  The commissioner is authorized to issue citations against persons engaging in or conducting the business or acting in the capacity of a home inspector as defined in this part without a license in violation of § 62-6-304. The commissioner shall promulgate rules and regulations to specify those conditions necessary to the issuance of a citation and the range of penalties for violations of this part. Each citation shall:

     (1)  Be in writing and shall describe with particularity the basis for the citation; and

     (2)  Contain an order to cease all violations of this part and an assessment of a civil penalty in an amount not less than fifty dollars ($50.00) nor more than one thousand dollars ($1,000) per violation.

(c)  The sanctions authorized pursuant to this part shall be in addition to any other remedies, civil and criminal, available to any person harmed by a violation of this part.

(d)  The Uniform Administrative Procedures Act, compiled in title 4, chapter 5, governs all matters and procedures respecting the hearing and judicial review of any contested case arising under this part.

[Acts 2005, ch. 65, § 9.]