498.106—Determinations regarding the amount or scope of penalties and assessments.
(a)
In determining the amount or scope of any penalty and assessment, as applicable, in accordance with § 498.103(a) and (b) and 498.104, the Office of the Inspector General will take into account:
(1)
The nature of the statements, representations, or actions referred to in § 498.102(a) and (b) and the circumstances under which they occurred;
(b)
In determining the amount of any penalty in accordance with § 498.103(c) and (d), the Office of the Inspector General will take into account—
(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;
(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.