(a) The licensee of an agency operating in violation of this Act or any rule adopted hereunder may be subject to the penalties or fines levied by the Department as specified in this Section. (b) When the Director determines that an agency has failed to comply with this Act or any rule adopted hereunder, the Department may issue a notice of fine assessment which shall specify the violations for which the fine is levied. The Department may impose a fine of $100 per day commencing on the date the violation was identified and ending on the date the violation is corrected, or action is taken to suspend, revoke, or deny renewal of the license, whichever comes first. (c) In determining whether a fine is to be imposed, the Director shall consider the following factors: (1) the gravity of the violation, including the probability that death or serious physical or mental harm to a patient or consumer 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; (2) the reasonable diligence exercised by the licensee and efforts to correct violations; (3) any previous violations committed by the licensee; and (4) the financial benefit to the agency of committing or continuing the violation.Amended by P.A. 094-0379, § 10, eff. 1/1/2006.