KRS 216.565: Factors to be considered in determining amount of initial penalty.

(1) In determining the amount of the initial penalty to be imposed under KRS 216.537

to 216.590, the cabinet shall consider at least the following factors:

(a) The gravity of the violation, including the probability that death or serious

physical or mental harm to a resident will result or has resulted; the severity of

the actual or potential harm, and the extent to which the provisions of the

applicable statutes or regulations were violated;

(b) The reasonable diligence exercised by the licensee and efforts to correct

violations;

(c) The number and type of previous violations committed by the licensee; and

(d) The amount of assessment necessary to insure immediate and continued

compliance.

(2) This section shall not apply to assisted living communities licensed under KRS

194A.700 to 194A.729.