[Code of Federal Regulations]

[Title 42, Volume 4]

[Revised as of October 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 42CFR1003.107]



[Page 1185]

 

                         TITLE 42--PUBLIC HEALTH

 

      GENERAL--HEALTH CARE, DEPARTMENT OF HEALTH AND HUMAN SERVICES

 

PART 1003_CIVIL MONEY PENALTIES, ASSESSMENTS AND EXCLUSIONS--Table 

 

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 

Sec. Sec.  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.

    (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]