In determining whether a penalty is to be assessed and in affixing the type and/or amount of monetary penalty, 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; and

4. (4)

   1. (A) The "good faith" exercised by the facility.

   2. (B) Indications of good faith include, but not limited to:

      1. (i) Awareness of the applicable statutes and rules and reasonable diligence in securing compliance;
      2. (ii) Prior accomplishments manifesting the facility's desire to comply with the requirements;
      3. (iii) Efforts to correct; and
      4. (iv) Any other mitigating factors in favor of the facility.