Determinations regarding the amount of penalties and assessments and period of exclusion.

In considering the factors listed in § 1003.140: (a) It should be considered a mitigating circumstance if all the violations included in the action brought under this part were of the same type and occurred within a short period of time, there were few such violations, and the total amount claimed or requested related to the violations was less than $5,000. (b) Aggravating circumstances include but are not limited to: (1) The violations were of several types or occurred over a lengthy period of time; (2) There were many such violations (or the nature and circumstances indicate a pattern of false or fraudulent specified claims, requests for payment, or a pattern of violations); (3) The amount requested or claimed or related to the violations was $50,000 or more; or (4) The violation resulted, or could have resulted, in physical harm to any individual.