Subd. 1. Factors regarding imposition of administrative sanctions.

1. (a) The department shall consider the following factors in determining the administrative sanctions to be imposed:

   1. (1) nature and extent of financial misconduct;
   2. (2) history of financial misconduct;
   3. (3) actions taken or recommended by other state agencies, other divisions of the department, and court and administrative decisions;
   4. (4) prior imposition of sanctions;
   5. (5) size and type of provider;
   6. (6) information obtained through an investigation from any source;
   7. (7) convictions or pending criminal charges; and
   8. (8) any other information relevant to the acts or omissions related to the financial misconduct.
2. (b) Any single factor under paragraph (a) may be determinative of the department's decision of whether and what sanctions are imposed.

Subd. 2. Appeal of department action.

A provider's rights related to the department's action taken under this chapter against a provider are established in sections 142A.12, 142E.18, 142E.19, and142E.20.