---
kind: "section"
citation: "42 C.F.R. § 1003.920"
title: "42"
number: "1003.920"
heading: "Determinations regarding the amount of penalties."
url: "https://uscodex.org/cfr/42/1003.920"
---

# §1003.920. Determinations regarding the amount of penalties.


In considering the factors listed in [§ 1003.140](/cfr/42/1003.140.md), aggravating circumstances include:

- (a) The Responsible Official participated in or knew, or should have known, of the violation;
- (b) 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
- (c) 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

### 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.