§1003.920. Determinations regarding the amount of penalties.
42 C.F.R. § 1003.920
In considering the factors listed in § 1003.140, aggravating circumstances include:
The Responsible Official participated in or knew, or should have known, of the violation;
The violation was a contributing factor to an unauthorized individual's access to or possession of a select agent or toxin, an individual's exposure to a select agent or toxin, or the unauthorized removal of a select agent or toxin from the person's physical location as identified on the person's certificate of registration; or
The person previously received an observation, finding, or other statement of deficiency from the Department or the Department of Agriculture for the same or substantially similar conduct.
Notes, amendments, and revision history
Source
Source: 81 FR 88362, 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.