[Code of Federal Regulations]
[Title 45, Volume 1, Parts 1 to 199]
[Revised as of October 1, 2000]
From the U.S. Government Printing Office via GPO Access
[CITE: 45CFR150.323]

[Page 641]
 
                        TITLE 45--PUBLIC WELFARE
 
                           AND HUMAN SERVICES
 
PART 150--HCFA ENFORCEMENT IN GROUP AND INDIVIDUAL INSURANCE MARKETS--Table of Contents
 
  Subpart C--HCFA Enforcement With Respect to Issuers and Non-Federal 
                Governmental Plans--Civil Money Penalties
 
Sec. 150.323  Determining the amount of penalty--other matters as justice may require.

    HCFA 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.