---
kind: "section"
citation: "42 C.F.R. § 1003.620"
title: "42"
number: "1003.620"
heading: "Determinations regarding the amount of penalties."
url: "https://uscodex.org/cfr/42/1003.620"
---

# §1003.620. Determinations regarding the amount of penalties.

- (a) In considering the factors listed in [§ 1003.140](/cfr/42/1003.140.md), the following circumstances are to be considered—
  - (1) The nature and objective of the advertisement, solicitation, or other communication and the degree to which it had the capacity to deceive members of the public;
  - (2) The frequency and scope of the violation and whether a specific segment of the population was targeted; and
  - (3) The prior history of the individual, organization, or entity in its willingness or refusal to comply with a formal or informal request to correct violations.
- (b) The use of a disclaimer of affiliation with the United States Government, the Department, or its programs will not be considered as a mitigating factor in determining the amount of penalty in accordance with [§ 1003.600(a)](/cfr/42/1003.600.md?p=a).

## Notes

### Source

Source: 81 FR 88357, Dec. 7, 2016, unless otherwise noted.

### Authority

Authority: 42 U.S.C. 262a, 300jj-52, 1302, 1320a-7, 1320a-7a, 1320b-10, 1395u(j), 1395u(k), 1395cc(j), 1395w-141(i)(3), 1395dd(d)(1), 1395mm, 1395nn(g), 1395ss(d), 1396b(m), 11131(c), and 11137(b)(2).

### Source

Source: 51 FR 34777, Sept. 30, 1986, unless otherwise noted.