45 C.F.R. § 150.323 Determining the amount of penalty—other matters as justice may require.
Title 45 - Public Welfare
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.
Title 45: Public Welfare
PART 150—CMS ENFORCEMENT IN GROUP AND INDIVIDUAL INSURANCE MARKETS
Subpart C—CMS Enforcement With Respect to Issuers and Non-Federal Governmental Plans—Civil Money Penalties
§ 150.323 Determining the amount of penalty—other matters as justice may require.
