In determining the amount of each administrative penalty, the director shall include, but not be limited to, the following to the extent practicable in his or her considerations:

(1)  The actual and potential impact on health, safety, and welfare of the public or any member of the public of the failure to comply;

(2)  The actual and potential damages suffered, and actual or potential costs incurred, by the director, or by any other person;

(3)  Whether the person being assessed the administrative penalty took steps to prevent noncompliance, to promptly come into compliance, and to remedy and mitigate whatever harm might have been done as a result of the noncompliance;

(4)  Whether the person being assessed the administrative penalty has previously failed to comply with any:

(i)  Federal requirement for participation in the Medicare or Medicaid programs;

(ii)  Rule, regulation, order, license, or approval issued or adopted by the director;

(iii)  Law relating to skilled nursing or intermediate care facilities; or

(iv)  Rule, regulation, or order regarding the management of infectious waste in health care facilities;

(5)  Making compliance less costly than noncompliance;

(6)  Deterring future noncompliance;

(7)  The amount necessary to eliminate the economic advantage of noncompliance including, but not limited to, the financial advantage acquired over competitors from the noncompliance;

(8)  Whether the failure to comply was intentional, willful, or knowing and not the result of error;

(9)  Any amount specified by state and/or federal statute for a similar violation or failure to comply;

(10)  Any other factor(s) that may be relevant in determining the amount of a penalty, provided that the other factors shall be set forth in the written notice of assessment of the penalty; and

(11)  The public interest.