[Code of Federal Regulations]
[Title 20, Volume 2]
[Revised as of April 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 20CFR498.102]

[Page 1197-1198]
 
                      TITLE 20--EMPLOYEES' BENEFITS
 
               CHAPTER III--SOCIAL SECURITY ADMINISTRATION
 
PART 498_CIVIL MONETARY PENALTIES, ASSESSMENTS AND RECOMMENDED EXCLUSIONS
--Table of Contents
 
Sec. 498.102  Basis for civil monetary penalties and assessments.

    (a) The Office of the Inspector General may impose a penalty and 
assessment, as applicable, against any person whom it determines in 
accordance with this part--
    (1) Has made, or caused to be made, a statement or representation of 
a material fact for use in determining any initial or continuing right 
to or amount of:
    (i) Monthly insurance benefits under title II of the Social Security 
Act; or
    (ii) Benefits or payments under title XVI of the Social Security 
Act; and
    (2)(i) Knew, or should have known, that the statement or 
representation--
    (A) Was false or misleading; or
    (B) Omitted a material fact; or
    (ii) Made such statement with knowing disregard for the truth.
    (b) The Office of the Inspector General may impose a penalty against 
any person whom it determines in accordance with this part has made use 
of certain Social Security program words, letters, symbols, or emblems 
in such a manner that they knew or should have known would convey, or in 
a manner which reasonably could be interpreted or construed as 
conveying, the false impression that an advertisement or other item was 
authorized, approved, or endorsed by the Social Security Administration, 
or that such person has some connection with, or authorization from, the 
Social Security Administration.
    (1) Civil monetary penalties may be imposed for misuse, as set forth 
in Sec. 498.102(b), of--
    (i) The words ``Social Security,'' ``Social Security Account,'' 
``Social Security Administration,'' ``Social Security System,'' 
``Supplemental Security Income Program,'' or any combination or 
variation of such words; or
    (ii) The letters ``SSA,'' or ``SSI,'' or any other combination or 
variation of such letters; or
    (iii) A symbol or emblem of the Social Security Administration 
(including the design of, or a reasonable facsimile of the design of, 
the Social Security card, the check used for payment of benefits under 
title II, or envelopes or other stationery used by the Social Security 
Administration), or any other

[[Page 1198]]

combination or variation of such symbols or emblems.
    (2) Civil monetary penalties will not be imposed against any agency 
or instrumentality of a State, or political subdivision of a State, that 
makes use of any symbol or emblem, or any words or letters which 
identify that agency or instrumentality of the State or political 
subdivision.
    (c) The use of a disclaimer of affiliation with the United States 
Government, the Social Security Administration or its programs, or any 
other agency or instrumentality of the United States Government, will 
not be considered as a defense in determining a violation of section 
1140 of the Social Security Act.

[60 FR 58226, Nov. 27, 1995, as amended at 61 FR 18079, Apr. 24, 1996]