{"data":{"id":"us-ky/krs-216.565","jurisdiction":"us-ky","citation":"KRS 216.565","heading":"Factors to be considered in determining amount of initial penalty.","body":"(1) In determining the amount of the initial penalty to be imposed under KRS 216.537\nto 216.590, the cabinet shall consider at least the following factors:\n(a) The gravity of the violation, including the probability that death or serious\nphysical or mental harm to a resident will result or has resulted; the severity of\nthe actual or potential harm, and the extent to which the provisions of the\napplicable statutes or regulations were violated;\n(b) The reasonable diligence exercised by the licensee and efforts to  correct\nviolations;\n(c) The number and type of previous violations committed by the licensee; and\n(d) The amount of assessment necessary to insure immediate and continued\ncompliance.\n(2) This section shall not apply to assisted living communities licensed  under KRS\n194A.700 to 194A.729.","path":["KRS Chapter 216"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=52534","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:52:21Z","sha256":"52619cb8d8e9c77b92370ce55c04fac9c5d3deb3170573c4e41e0b6fbec51eae","source_id":"us-ky","stale":false,"prev":"us-ky/krs-216.563","next":"us-ky/krs-216.567"},"notice":"GroundRules: Original legal text. Not legal advice."}