Ky. Rev. Stat. » Chapter 216

Ky. Rev. Stat. § 216.565

Factors to be considered in determining amount of initial penalty

Find cases: SyfertCases citing this section KY-LRCapps.legislature.ky.gov JustiaChapter on Justia CornellLII Search CasesGoogle Scholar

(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. Effective: July 14, 2022 History: Amended 2022 Ky. Acts ch. 20, sec. 33, effective July 14, 2022. -- Created 1982 Ky. Acts ch. 157, sec. 13, effective July 15, 1982.

Notes of Decisions
Cited in 1 case, 1986–1986 · leading case: Jones v. Cabinet for Human Resources, Division for Licensure & Regulations
Sort: Relevance Newest Treatment
Jones v. Cabinet for Human Resources, Division for Licensure & Regulations (1986) kyctapp · cites it 2× “The hearing officer ruled that considering all the evidence in view of the factors listed in KRS 216.565 to be considered in assessing a civil penalty, he upheld the assessments imposed by the Cabinet on the plaintiff.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.