---
kind: "section"
citation: "5 C.F.R. § 890.1062"
title: "5"
number: "890.1062"
heading: "Deciding whether to impose penalties and assessments."
url: "https://uscodex.org/cfr/5/890.1062"
---

# §890.1062. Deciding whether to impose penalties and assessments.

- (a) **Authority of debarring official.** The debarring official has discretionary authority to impose penalties and assessments in accordance with [5 U.S.C. 8902a](/usc/5/8902a.md) and this subpart.
- (b) **Factors to be considered.** In deciding whether to impose penalties and assessments against a provider that has committed one of the violations identified in [§ 890.1061](/cfr/5/890.1061.md), OPM must consider:
  - (1) The number and frequency of the provider's violations;
  - (2) The period of time over which the violations were committed;
  - (3) The provider's culpability for the specific conduct underlying the violations;
  - (4) The nature of any claims involved in the violations and the circumstances under which the claims were presented to FEHBP carriers;
  - (5) The provider's history of prior offenses or improper conduct, including any actions that could have constituted a basis for a suspension, debarment, penalty, or assessment by any Federal or State agency, whether or not any sanction was actually imposed;
  - (6) The monetary amount of any damages, losses, and costs, as described in [§ 890.1064(c)](/cfr/5/890.1064.md?p=c), attributable to the provider's violations; and
  - (7) Such other factors as justice may require.
- (c) **Additional factors when penalty or assessment is based on provisions of § 890.1061(b) or (c).** In the case of violations involving false or misleading statements or the failure to provide claims-related information, OPM must also consider:
  - (1) The nature and circumstances of the provider's failure to properly report information; and
  - (2) The materiality and significance of the false statements or misrepresentations the provider made or caused to be made, or the information that the provider knowingly did not report.

## Notes

### Source

Source: 69 FR 9921, Mar. 3, 2004, unless otherwise noted.

### Authority

Authority: 5 U.S.C. 8902a.

### Source

Source: 68 FR 5475, Feb. 3, 2003, unless otherwise noted.

### Authority

Authority: 5 U.S.C. 8913. Sec. 890.102 also issued under sections 11202(f), 11232(e), and 11246(b) of Pub. L. 105-33, 111 Stat. 251. Sec. 890.111 also issued under 36 U.S.C. 5522. Sec. 890.112 also issued under 2 U.S.C. 2051. Sec. 890.113 also issued under section 1110 of Pub. L. 116-92, 133 Stat. 1198 (5 U.S.C. 8702 note). Sec. 890.301 also issued under 26 U.S.C. 9801. Sec. 890.302(b) also issued under 42 U.S.C. 300gg-14. Sec. 890.803 also issued under 50 U.S.C. 3516 (formerly 50 U.S.C. 403p); 22 U.S.C. 4069c and 4069c-1. Subpart L also issued under section 599C of Pub. L. 101-513, 104 Stat. 2064 (5 U.S.C. 5561 note). Subpart M also issued under 10 U.S.C. 1108; 25 U.S.C. 1647b. Subpart P also issued under 5 U.S.C. 8903c.

### Source

Source: 33 FR 12510, Sept. 4, 1968, unless otherwise noted.