Tennessee Code Annotated
Tenn. Code Ann. § 50-3-402 (2026)
Authority of commissioner
✓ current as of May 2026
- (a) The commissioner has the authority to assess monetary penalties as provided in this section and §§ 50-3-403 - 50-3-408 for any violation of this chapter or of any standard, rule or order adopted by regulation promulgated by the commissioner pursuant to this chapter.
- (b) In making the assessment, the commissioner shall give due consideration to the appropriateness of the penalty with respect to the size of the business of the employer charged, the gravity of the violation, the good faith of the employer and the employer's history of previous violations.
Acts 1972, ch. 561, § 11; 1974, ch. 585, § 16; 1977, ch. 111, § 19; T.C.A., § 50-531; Acts 1999, ch. 520, § 41.
Notes of Decisions
Cited in 1
case, 2011–2011 · leading case: Swift Roofing, Inc. v. State of Tennessee, Comm'r of Labor & Workforce Dev. (Tenn. Ct. App. 2011).
Swift Roofing, Inc. v. State of Tennessee, Comm'r of Labor & Workforce Dev. (Tenn. Ct. App. 2011). “The TOSHA Review Commission was created to “review citations issued under § 50- 3-307 and monetary penalties assessed under §§ 50-3-402 – 50-3-408” and is empowered to “affirm, modify or revoke a citation or a monetary penalty.”
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