20 CFR 498.106 - Determinations regarding the amount or scope of penalties and assessments.
(1) The nature of the statements, representations, or actions referred to in § 498.102(a) and (b) and the circumstances under which they occurred;
(2) The degree of culpability of the person committing the offense;
(3) The history of prior offenses of the person committing the offense;
(4) The financial condition of the person committing the offense; and
(5) Such other matters as justice may require.
(1) The nature and objective of the advertisement, solicitation, or other communication, and the circumstances under which they were presented;
(2) The frequency and scope of the violation, and whether a specific segment of the population was targeted;
(3) The prior history of the individual, organization, or entity in their willingness or refusal to comply with informal requests to correct violations;
(4) The history of prior offenses of the individual, organization, or entity in their misuse of program words, letters, symbols, and emblems;
(5) The financial condition of the individual or entity; and
(6) Such other matters as justice may require.
(c) In cases brought under section 1140 of the Social Security Act, the use of a disclaimer of affiliation with the United States Government, the Social Security Administration or its programs will not be considered as a mitigating factor in determining the amount of a penalty in accordance with § 498.106.
Title 20 published on 20-Dec-2017 04:12
The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 20 CFR Part 498 after this date.