ORDERS:
CONSENT ORDER
The parties to this litigation, wishing to end their differences prior to any hearing by an Administrative Law
Judge, have entered into the following agreement:
1. The Department is a state agency designated to license and regulate community residential care
facilities within the State of South Carolina.
2. On September 22, 1998, the Department conducted an investigation as a result of a complaint by
a citizen, the substance of the complaint alleging that the Defendant was operating a community residential care
facility without a license. Pursuant to that investigation, the Department imposed a $2,500.00 fine. Petitioner
sought redress from that fine, asserting her position that she did not at that time, and has at no other time, operated
a community residential care facility on these premises, and further asserting that she operates a retirement-living
apartment complex.
3. Petitioner also challenged the jurisdiction of the agency with regard to the particular matters in
question.
4. The parties are agreed that it is not in the best interests of either party at this time to proceed to
hearing before the Administrative Law Judge, but to settle their differences by way of compromise and conciliation.
5. The parties are agreed that the Petitioner shall pay the sum of $1,000.00, which shall in no way
be considered a fine, and which sum shall in no way, shape, fashion or form be considered any admission of liability
whatsoever on the part of the Petitioner, which liability is expressly denied, but is intended solely for the purposes
of conciliation.
6. The parties are also agreed that the Petitioner shall not operate a community residential care facility
without first obtaining a license.
7. If within Twelve (12) months from the date of the entry into this Decree the Department establishes
that the Petitioner has committed acts which would require it to have a community residential care facility license,
without Petitioner's having first obtained said license, the Petitioner will pay the sum of $1,500.00 to the Department
in addition to being liable for any other lawful sanctions imposed by the Department.
IT IS AGREED BY AND BETWEEN THE PARTIES that this is, in fact, no admission of liability whatsoever on
the part of Petitioner; that Petitioner absolutely denies ever having operated unlawfully as an unlicensed community
residential care facility; and that the sums paid hereunder are for the purposes herein-above recited and for those
purposes only.
Likewise, the parties acknowledge that the Department in no way waives it authority to enforce, by imposing
penalties or otherwise, all statutory and regulatory requirements for licensure of community residential care facilities
or for any other claimed violation of the law and/or regulations administered by the Department.
However, this Consent Order fully and finally resolves all of the claims and actions that the Department may
have had with respect to the claims herein made, except any claim that the Department may have that the Petitioner
has failed to comply fully with the terms of this particular Consent Order.
The action entitled Sarah M. Kitts, Owner and Operator BlairHaus Zwei vs. South Carolina Department of
Health & Environmental Control, Docket No. 98-ALJ-07-0656-CC, is hereby resolved. The Department now terminates
its action against the Petitioner and the Petitioner withdraws her appeal before the Administrative Law Judge.
AND IT IS SO ORDERED
________________________________ June 7, 1999_________
Ralph King Anderson, III Date
Administrative Law Judge |