(a) In determining whether a civil penalty is to be assessed and in affixing the amount of the penalty to be imposed, the Director of the Office of Long-Term Care shall consider:

1. (1) The gravity of the violation, including the probability that death or serious physical harm to a resident will result or has resulted;
2. (2) The severity and scope of the actual or potential harm;
3. (3) The extent to which the provisions of the applicable statutes or rules were violated;

4. (4)

   1. (A) The "good faith" exercised by the licensee.
   2. (B) Indications of good faith include, but are not limited to:

(i) Awareness of the applicable statutes and rules and reasonable diligence in securing compliance;

1. (ii) Prior accomplishments manifesting the licensee's desire to comply with the requirements;

   1. (iii) Efforts to correct; and

      1. (iv) Any other mitigating factors in favor of the licensee;
2. (5) Any relevant previous violations committed by the licensee; and
3. (6) The financial benefit to the licensee of committing or continuing the violation.

(b)

1. (1) The director shall assign value points to conditions or occurrences and said value points shall represent a base to which the above considerations shall be applied by the director prior to assessment of monetary civil penalty.
2. (2) Each value point shall represent a base assessment of one dollar ($1.00).