ORDERS:
CONSENT AGREEMENT AND ORDER
STIPULATIONS OF FACT
1.The Mahogany Tree, Inc. has been and is the holder of a license to operate the Mahogany
Tree Respite Care Retreat (Facility) issued by the South Carolina Department of Health and
Environmental Control (Department) pursuant to S.C. Code Ann. Section 44-7-110 et seq.
(2002). The Mahogany Tree Respite Care Retreat, located in Columbia, South Carolina has a
licensed capacity of five (5) beds.
The Department notified The Mahogany Tree Respite Care Retreat by letter dated June
25, 2003, that it was imposing a $7,4000 monetary penalty for violations of S.C. Code Ann. Regs.
61-84, Standard for licensing Community Residential Care Facilities (Supp. 2002). The letter
advised that this determination would become final thirty days from the date of this letter unless
during such thirty (30) day period a written letter of appeal requesting a contested case hearing
under S.C. Code Ann. Section 44-7-320 (B) (2002) and Rules of Procedure for the
Administrative Law Judge Division was submitted.
2.By undated letter received by the Clerk of the Board on July 23, 2003, the facility
requested a contested case hearing.
3.Prior to proceeding to the administrative hearing, Ms. Washington withdrew her request
for a contested case hearing. Ms. Washington also asked to meet with Department
representatives. The parties met on September 12, 2003. Ms. Washington informed the
Department that she had voluntarily closed the facility as of September 1, 2003.
THEREFORE IT IS AGREED
1.To complete the requirements necessitated by the closure of the facility on September 1,
2003, the facility will submit to the Department, within ten days of execution of this Order, the
following:
A. The date each resident (include resident name) was appropriately
transferred;
B. The location to which each resident was transferred;
C. Documentation that each resident received their personal spending monies
(as appropriate), refund (as appropriate), their personal possessions, and their
medications(s) (as appropriate);
D. Documentation that a transfer summary was sent along with each resident
transferred to another licensed facility;
E. The last license issued for this facility to operate as a community
residential care facility.
2.In consideration of the fact that the Licensee has agreed to voluntarily close this location
as a licensed community residential care facility, the Department agrees to suspend $6,900 of the
$7,400 monetary penalty. The facility agrees to submit payment of the $500 monetary penalty to
the Department within thirty days of the execution of this Order. Payment is to be check or
money order payable to the S.C. Department of Health and Environmental Control. Payment is to
be sent to the following address:
Attention: Earl Bleakly
Division of Health Licensing
S.C. Department of Health and Environmental
2600 Bull Street
Columbia, SC 29201
3.If the Licensee or its agents are found to be operating an unlicensed facility at this
location or anywhere in the State of South Carolina during the twelve months following execution
of this Order, the Department may require payment of all or part of the suspended portion of the
assessed penalty and /or may impose an additional penalty payable to the Department pursuant to
§44-7-320 (C.)(2002), and the Licensee or its agents shall immediately pay to the department the
assessed penalty.
AND IT IS SO ORDERED.
___________________________________September 16, 2003
CAROLYN C. MATTHEWS
Administrative Law Judge |