Section 1320-09-02-.03 - PENALTIES FOR UNTIMELY OR INCOMPLETE QUARTERLY CERTIFICATION OR QUARTERLY ESCROW DEPOSIT(1) If an NPM fails to timely make its quarterly escrow deposit in full, or timely file its quarterly certification with the Attorney General, the delinquent NPM and its Brand Families will be removed from the Directory until the Non-Participating Manufacturer fully complies with its obligations. Any Non-Participating Manufacturer that has not fully complied with Tennessee statutes, rules and regulations by submitting its escrow deposits and Certificates of Compliance will not be listed in the Directory or will be removed from the Directory until all past escrow deposits are made, proof of deposit is submitted to the State, all outstanding judgments are fully satisfied, and all other obligations under these Rules, the Escrow Fund Act and the Directory Statute are met.(2) Failure to make quarterly deposits or to file quarterly certificates shall also subject the Tobacco Product Manufacturer to the penalties for failure to place funds in escrow contained in the Escrow Fund Act or otherwise provided for under State law, regulation or rule. Such penalties shall be imposed by the court as provided for in Tenn. Code Ann. § 47-31-103(a)(3).(3) Each failure to make a full annual or quarterly deposit required under the Escrow Fund or rules and regulations promulgated thereunder shall constitute a separate and distinct violation.Tenn. Comp. R. & Regs. 1320-09-02-.03
Original rule filed January 31, 2008; effective May 30, 2008.Authority: T.C.A. § 4-4-103, § 47-31-102(10), § 67-1-102(a), § 67-4-2604(e) and § 2606(d).