§150.323. Determining the amount of penalty—other matters as justice may require.
45 C.F.R. § 150.323
CMS may take into account other circumstances of an aggravating or mitigating nature if, in the interests of justice, they require either a reduction or an increase of the penalty in order to assure the achievement of the purposes of this part, and if those circumstances relate to the entity's previous record of compliance or the gravity of the violation.
Notes, amendments, and revision history
Authority
Authority: 42 U.S.C. 300gg through 300gg-63, 300gg-91, and 300gg-92, as amended.
Source
Source: 64 FR 45795, Aug. 20, 1999, unless otherwise noted.