Current as of October 03, 2022 | Updated by FindLaw Staff
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CMS may take into account other circumstances of an aggravating or mitigating nature if, in the interests of justice, they require either a reduction or an increase of the penalty in order to assure the achievement of the purposes of this part, and if those circumstances relate to the entity's previous record of compliance or the gravity of the violation.
As used in ORS 114.505 to 114.560:
(1) “Affiant” means the person or persons signing an affidavit filed under ORS 114.515.
(2) “Claiming successors” means:
(a) If the decedent died intestate, the heir or heirs of the decedent, or if there is no heir, an estate administrator of the Department of State Lands appointed under ORS 113.235;
(b) If the decedent died testate, the devisee or devisees of the decedent; and
(c) Any creditor of the estate entitled to payment or reimbursement from the estate under ORS 114.545 (1)(d) who has not been paid or reimbursed the full amount owed such creditor within 60 days after the date of the decedent's death.
(3) “Estate” means decedent's property subject to administration in Oregon.
Cite this article: FindLaw.com - Code of Federal Regulations Title 45. Public Welfare § 45.150.323 Determining the amount of penalty—other matters as justice may require - last updated October 03, 2022 | https://codes.findlaw.com/cfr/title-45-public-welfare/cfr-sect-45-150-323/
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