ORDERS:
CONSENT AGREEMENT AND ORDER
The parties agree to the
following:
1. Harriette Jenerette (Licensee) is the holder of a license to operate
Bellwood Manor (“Facility”), a community residential care facility licensed 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, located in
Eastover, South Carolina, has a licensed capacity of 10 beds.
2. The
Department notified Bellwood Manor by letter dated January 30, 2007 that it was
imposing a $14,300 monetary penalty for repeat violations of 25A S.C. Code Ann.
Regs. 61-84 (Supp. 2006), Standards for Licensing Community Residential Care
Facilities. This letter also advised that his decision would become the final
agency decision unless the Facility filed a request for a Final Review
Conference with the Department’s Clerk of the Board within fifteen days from
the mailing of this letter. An individual signed for this letter with a
signature of “HA Jenerette.”
3. On
February 20, 2007, the Department’s Clerk of the Board advised that no appeal
of the January 30, 2007 decision had been received.
4. On
February 27, 2007, a representative of the Department hand-delivered a letter
dated February 27, 2007 advising the facility that the decision to impose a
$14,300 monetary penalty was not final; thus, payment of the $14,300 monetary
penalty was immediately due to the Department.
5. By
letter dated March 1, 2007, the Licensee of the Bellwood Manor filed an appeal
of the decision to impose a $14,300 monetary penalty with the Department’s
Clerk of the Board.
6. By
letter dated March 28, 2007, the Department’s Clerk of the Board notified the
Licensee of Bellwood Manor that the Department’s Board had elected not to
conduct a final review conference.
7. On
March 26, 2 007, the Licensee filed an appeal with the S.C. Administrative Law
Court.
8. By
letter dated April 18, 2007, the Department filed its Prehearing Statement as
well as a Motion to Dismiss based on the Licensee’s alleged untimely filing of
a request for a Final Review Conference. By Order dated May 17, 2007,
Administrative Law Judge Paige J. Gossett denied the Department’s Motion to
Dismiss.
9. Prior
to the proceeding to an administrative hearing on this matter, the Licensee and
representatives met on June 22, 2007 and August 22, 2007. At the August 22,
2007 meeting and in subsequent conversations, the parties were able to come to
a mutual agreement to resolve this matter.
THEREFORE, IT
IS AGREED THAT:
1. The Licensee agrees to initiate steps to ensure that violations and
repeat violations of 25A S.C. Code Ann. Regs. 61-84 (Supp. 2006) are not
repeated.
2. The Licensee agrees to withdraw its request for a contested case hearing
before the S.C. Administrative Law Court.
3. In
consideration of the remedial action taken by the facility, the Department
agrees to suspend $11,300 of the total $14,300 total monetary penalty assessed
against Bellwood Manor. Therefore, the Facility agrees to submit payment of a
$3,000 monetary payment to the Department. Payment of this $3,000 monetary
penalty is to be paid to the Department within twelve (12) months of execution
of this Consent Agreement and Order. Payments are to be made at least
quarterly, in increments of no less than $750. The first payment will be due
on December 1, 2007. Subsequent payments will be due on March 1, 2008, June 1,
2008 and September 1, 2008. Any payment not paid by the fifteenth (15) day of
the month will be considered delinquent. Payment is to be by certified check
or money order made payable to the S.C. Department of Health and Environmental
Control and 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,
SC 29201
4. It is
understood by the Licensee that S.C. Code Ann. § 44-7-320(D) (2002) states
that,
“Failure to pay
a penalty within thirty (30) days is grounds for suspension, revocation, or
denial of a renewal of a license. No license may be issued, reissued, or renewed
until all penalties finally assessed against a person or facility have been
paid.”
5. If
substantial violation(s) previously cited recur in subsequent inspections by
the Department during the twelve-month period following execution if this
Consent Agreement, 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 25A S.C. Code Ann. Regs. 61-84 §
302(F) (Supp. 2006), and the Licensee shall immediately pay to the Department
the assessed penalty.
6. The
Department in no way waives its authority to enforce, by imposing penalties or
otherwise, all statutory and regulatory requirements for the licensure of
Bellwood Manor.
7. It is
further agreed that future violations or repeat violations of the regulations
or applicable licensing statues may result in the imposition of penalties or
revocation of the license to operate Bellwood Manor, pursuant to S.C. Code Ann.
§ 44-7-320 (2002), and the facility administrator has been informed of these
potential actions.
8. 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.
9. Bellwood
Manor Community Residential Care Facility 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.
____________________________________ _____9/24/07______
The Honorable Paige J. Gossett Date
Administrative Law Judge
WE CONSENT:
____________________________________ __________________
Dennis L. Gibbs, Director Date
Division of Health Licensing
____________________________________ __________________
Nancy S. Layman, Chief Attorney Date
Health Regulations
____________________________________ __________________
Harriette Jenerette, Licensee Date
Bellwood Manor
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