| ORDERS:
 
 CONSENT ORDER OF DISMISSAL
             On January 19, 2005 the
    parties to this action entered into a Consent Agreement and Order with the
    Court.  Petitioner agreed to withdraw its contested case pending before the Administrative Law Court and to close Gertie’s Care Home.  In consideration for the closure
    of the facility, Respondent South Carolina Department of Health and
    Environmental Control agreed to suspend $16,150 of the $17,000 total monetary
    penalty assessed by the Department.  Payment of the remaining $850 penalty was
    to be made to the Department within thirty (30) days of the execution of the
    Order.             On November 16, 2005,
    the Department filed a Motion for Civil Contempt based upon Petitioner’s
    failure to pay the $850 monetary penalty pursuant to the terms of the Consent
    Agreement and Order.  A hearing on the motion was held February 22, 2006, at
    which Petitioner failed to appear.             By Order dated February
    23, 2006, I found that Petitioner willfully and intentionally refused to pay
    the fine to the Department.  I ordered Petitioner to render payment to the
    Department in the amount of $850 by March 10, 2006.  Pursuant to the Order, I
    also scheduled a hearing for March 10, 2006, at which time Petitioner was to
    establish that the payment had been rendered to the Department.  The Order
    included a provision that if Petitioner failed to render payment by March 10,
    2006, the Court would issue a bench warrant for Petitioner’s incarceration
    until the payment is rendered.             By letter dated March
    9, 2006, Petitioner’s attorney, Philip Fairbanks, Esquire, sent a letter to the
    Department and a letter to the Court indicating that Petitioner had delivered a
    Money Order for $850 to his office, which counsel placed in a trust account. 
    Counsel for Petitioner indicated that he would promptly remit a check drawn on
    that account and send it to the Department.  With the consent of the
    Department, the Court continued the hearing scheduled for March 10, 2006.  By
    letter dated March 13, 2006, the Department informed the Court that it had
    received a check from Petitioner’s attorney in the amount of $850 for payment
    of the monetary penalty.             As the Petitioner has
    rendered payment to the Department of the $850 monetary penalty, and with the
    consent of counsel for both parties as indicated by their signatures below,             IT IS HEREBY ORDERED
    that this matter is DISMISSED. Date:  April 24, 2006                                        ________________________________                                                                         Ralph
    King Anderson, III                                                                         Administrative
    Law Judge |