ORDERS:
		
  CONSENT AGREEMENT AND ORDER
                                                FINDINGS
    OF FACT 
  1.                  Frances T. Bowers is the holder of a license to operate Open Arms  
  Community Care (Facility) issued
    by the South Carolina Department of Health and  
  Environmental Control (Department)
    pursuant to S.C. Code Ann. §44-7-110 et seq.  
  (2002). The facility, a community
    residential care facility located in Little Mountain,  
  South Carolina has a licensed
    capacity of fifteen (15) beds.  
  2.                  The Department notified Open Arms Community Care by letter dated  
  February 13, 2006 that it was imposing a $31,300 monetary penalty for violations and  
  repeat violations of S.C. Code
    Ann. Regs. 61-84, (Supp. 2005), Standards for  
  Licensing Community Residential
    Care Facilities.  The letter advised that this  
  determination would become final
    thirty days from the date of the letter unless  
  during such thirty-day period a
    letter of appeal requesting a contested case hearing  
  under S.C. Code Ann. § 44-7-320
    (B)(2002) and Rules of Procedure for the  
  Administrative Law Court was
    submitted. 
  3.                  By letter dated March 6, 2006, the facility filed a request for a
    contested case  
  hearing with the Administrative Law Court. 
  4.                  On March 13, 2006, the parties met to determine whether a mutual
    agreement  
  could be reached to resolve this
    matter before it was heard at a contested case hearing.   
  At that time no settlement was
    reached.  However, on the morning of August 2, 2006,  
  prior to the beginning of the contested
    case hearing, the parties were able to reach a  
  mutual agreement to resolve this
    matter. 
                                THEREFORE,
    IT IS AGREED 
  1.                  The Licensee will initiate action to ensure that all violations of 25A
    S.C. Code  
  Ann. Regs. 61-84 (Supp. 2005) are
    not repeated. 
  2.                  The Licensee agrees to withdraw its contested case pending before the  
  Administrative Law Court. 
  3.                  The Department agrees to decrease the total amount of the $31,300
    monetary  
  penalty by $16,170.  Therefore, the
    Licensee agrees to submit payment of a  
  $15,130 monetary penalty to the
    Department in twelve (12) installment payments, as  
  follows: 
  Payment
    Number                      Amount                        Date
    Due to the Department      
  1                                  $3,000                     
    Within 30 days of execution of  
                                                                       
    Consent Order 
  2                                      
    950                         October 15, 2006 
  3                                     
     950                         November 15, 2006 
  4                                      
    950                         December 15, 2006 
  5                                      
    950                         January 15, 2007 
  6                                      
    950                         February 15, 2007 
  7                                   
    1,230                         March 15, 2007 
  8                                   
    1,230                         April 15, 2007 
  9                                   
    1,230                         May 15, 2007 
            10                                   
    1,230                         June 15, 2007 
            11                                   
    1,230                         July 15, 2007 
           
    12                                    1,230                         August 15, 2007 
  Payments are to be by certified
    check or money order made payable to the S.C.  
  Department of Health and
    Environmental Control. Payment of these monies shall be  
  sent to the following address: 
                                            Attention:
    Earl Bleakley 
                                            Division
    of Health Licensing 
                                            S.C.
    Department of Health and Environmental Control 
                                            2600 Bull Street 
                                            Columbia, S.C. 29201 
  Should any of the aforementioned
    installment payments be received by the  
  Department more than fifteen (15)
    days after the due date specified in this Consent  
  Agreement and Order, then the
    entire remaining balance of the $15,130  
  monetary penalty shall become due
    and payable to the Department. 
  4.                  The Department in no way waives its authority to enforce, by imposing  
  penalties or otherwise, all
    statutory and regulatory requirements for the licensure of  
  Open Arms Community Care. 
  5.                  It is further agreed that future violations or repeat violations of the
    regulations  
  or applicable licensing statues
    may result in the imposition of additional penalties or  
  revocation of the license to
    operate Open Arms Community Care, pursuant to S.C.  
  Code Ann. § 44-7-320 (2002), and
    the facility administrator has been informed of  
  these potential actions. 
  6.                  This Consent Agreement and Order constitutes the entire agreement
    between 
  the parties with respect to the
    resolution and settlement of the matters set forth herein.  
  The parties are not relying upon
    any representations, promises, understandings, or  
  agreements except as expressly set
    forth within this Consent Agreement and Order 
  7.                  Frances T. Bowers understands that this Consent Agreement and Order  
  governs only the liability for
    civil sanctions arising from the matters set forth herein  
  and does not affect or purport to
    affect any criminal liability or liability to any entity  
  not a party to this order. 
  AND IT IS SO ORDERED. 
                                                                                                            August 29, 2006 
  The Honorable John D. McLeod                                                                Date 
  Administrative Law Judge 
  WE CONSENT: 
  Dennis L. Gibbs, Director                                                                           Date 
  Division of Health Licensing 
  Nancy S. Layman                                                                                       Date 
  Chief Attorney for Health
    Regulation 
  Frances T. Bowers,
    Administrator/Licensee                                                Date 
  Open Arms Community Care  |