(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. 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]