Tennessee § 49-7-2017 - Fines, penalties and enforcement.

§ 49-7-2017. Fines, penalties and enforcement.

Any person, group or entity, or any owner, officer, agent or employee of any person, group or entity, that violates § 49-7-2007 or fails or refuses to deposit with the commission the records required by § 49-7-2016, is subject to a civil penalty not to exceed five hundred dollars ($500) for the violation. Each day's failure to comply with § 49-7-2007 or § 49-7-2016 is a separate violation. The fine may be imposed by the commission in an administrative proceeding or by any court of competent jurisdiction. Any person, group or entity, or any owner, officer, agent or employee of any person, group or entity, that willfully violates § 49-7-2007 or willfully fails or refuses to deposit with the commission the records required by § 49-7-2016, commits a Class C misdemeanor. Each day's failure to comply with § 49-7-2007 or § 49-7-2016 is a separate violation. The criminal sanctions may be imposed by a court of competent jurisdiction in an action brought by the attorney general and reporter or a district attorney general pursuant to subsections (d) and (e). Any postsecondary educational institution not exempt from this part, whether or not a resident of or having a place of business in this state, that instructs or educates or offers to instruct or educate, enrolls or offers to enroll, or contracts or offers to contract to provide instructional or educational services in this state, whether the instruction or services are provided in person or by correspondence, to a resident of this state, or that offers to award or awards any educational credentials to a resident of this state, submits the institution, and, if a natural person, the person's personal representative, to the jurisdiction of the courts of this state, concerning any cause of action arising therefrom, and for the purpose of enforcement of this part by injunction pursuant to subsections (d) and (e). Service of process upon any such institution subject to the jurisdiction of the courts of this state may be made by personally serving the summons upon the defendant within or outside this state, in the manner prescribed by the Tennessee rules of civil procedure. The attorney general and reporter, or the district attorney general of any district in which a postsecondary educational institution or an agent of the institution is found, at the request of the commission or on the attorney general and reporter's or district attorney general's own motion, may bring any appropriate action or proceeding, including injunctive proceedings, or criminal proceedings pursuant to subsection (b) in any court of competent jurisdiction for the enforcement of this part. Whenever it appears to the commission that any person, agent, group or entity is, is about to or has been violating this part or any of the lawful rules, regulations or orders of the commission, the commission may, on its own motion or on the written complaint of any person, file a petition for injunction in the name of the commission in any court of competent jurisdiction in this state against the person, group or entity, for the purpose of enjoining the violation or for an order directing compliance with this part and all rules, regulations and orders issued under this part. It is not necessary that the commission allege or prove that it has no adequate remedy at law. The right of injunction provided in this subsection (e) shall be in addition to any other legal remedy the commission has, and shall be in addition to any right of criminal prosecution provided by law; provided, that the commission shall not obtain a temporary restraining order without notice to the person, group or entity affected. The existence of commission action with respect to alleged violations of this part shall not operate as a bar to an action for injunctive relief pursuant to this subsection (e). Acts 1961, ch. 112, §§ 21-24; 1973, ch. 285, §§ 2, 3; 1974, ch. 781, §§ 21-25; T.C.A., §§ 49-3921 — 49-3925; Acts 1989, ch. 591, § 113. Cross-References. Penalty for Class C misdemeanor, § 40-35-111 .