(a) The ALJ has the authority to hear and decide the following issues:
- (1) Whether a basis exists to assess a civil money penalty against the respondent.
- (2) Whether the amount of the assessed civil money penalty is reasonable.
(b) In deciding whether the amount of a civil money penalty is reasonable, the ALJ—
- (1) Applies the factors that are identified in § 150.317.
- (2) May consider evidence of record relating to any factor that CMS did not apply in making its initial determination, so long as that factor is identified in this subpart.
- (c) If the ALJ finds that a basis exists to assess a civil money penalty, the ALJ may sustain, reduce, or increase the penalty that CMS assessed.