45 CFR § 1174.34 - Determining the amount of penalties and assessments.
---
identifier: "/us/cfr/t45/s1174.34"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "45 CFR § 1174.34 - Determining the amount of penalties and assessments."
title_number: 45
title_name: "Public Welfare"
section_number: "1174.34"
section_name: "Determining the amount of penalties and assessments."
chapter_name: "NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES"
subchapter_number: "D"
subchapter_name: "NATIONAL ENDOWMENT FOR THE HUMANITIES"
part_number: "1174"
part_name: "PROGRAM FRAUD CIVIL REMEDIES ACT REGULATIONS"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "31 U.S.C. 3801-3812; 5 U.S.C. App. 8G(a)(2)."
regulatory_source: "86 FR 44628, Aug. 13, 2021, unless otherwise noted."
cfr_part: "1174"
---
# 1174.34 Determining the amount of penalties and assessments.
In determining an appropriate amount of civil penalties and assessments, the ALJ and the authority head, upon appeal, should evaluate any circumstances that mitigate or aggravate the violation and should articulate in their opinions the reasons that support the penalties and assessments they impose.