[Code of Federal Regulations]
[Title 42, Volume 3]
[Revised as of October 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 42CFR1003.107]

[Page 1160-1161]
 
                         TITLE 42--PUBLIC HEALTH
 
                     CHAPTER V--OFFICE OF INSPECTOR
                          GENERAL--HEALTH CARE,
                        DEPARTMENT OF HEALTH AND
                             HUMAN SERVICES
 
PART 1003--CIVIL MONEY PENALTIES, ASSESSMENTS AND EXCLUSIONS--Table of Contents
 
Sec. 1003.107  Determinations regarding exclusion.

    (a) In determining whether to exclude a person under this part and 
the duration of any exclusion, the Department considers the 
circumstances described in Sec. 1003.106(a).
    (b) With respect to determinations to exclude a person under 
Secs. 1003.102(a), (b)(1), (b)(4), (b)(12) or (b)(13) of this part, the 
Department considers those circumstances described in Sec. 1003.106(b). 
Where there are aggravating circumstances with respect to such 
determinations, the person should be excluded.

[[Page 1161]]

    (c) The guidelines set forth in this section are not binding. 
Nothing in this section limits the authority of the Department to settle 
any issue or case as provided by Sec. 1003.126 of this part.

[59 FR 32126, June 22, 1994, as amended at 65 FR 24418, Apr. 26, 2000]