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Code of Federal Regulations (Last Updated: July 5, 2024) |
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Title 42 - Public Health |
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Chapter V - Office of Inspector General-Health Care, Department of Health and Human Services |
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SubChapter B - OIG Authorities |
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Part 1003 - Civil Money Penalties, Assessments and Exclusions |
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Subpart I - CMPs for Select Agent Program Violations |
§ 1003.920 - Determinations regarding the amount of penalties.
Latest version.
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§ 1003.920 Determinations regarding the amount of penalties.
In considering the factors listed in § 1003.140, 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.