South Carolina              
Administrative Law Court
Edgar A. Brown building 1205 Pendleton St., Suite 224 Columbia, SC 29201 Voice: (803) 734-0550

SC Administrative Law Court Decisions

CAPTION:
SCDHEC vs. Spring Arbor Assisted Living and Memory Care Community

AGENCY:
South Carolina Department of Health and Environmental Control

PARTIES:
Petitioners:
South Carolina Department of Health and Environmental Control

Respondents:
Spring Arbor Assisted Living and Memory Care Community
 
DOCKET NUMBER:
07-ALJ-07-0267-CC

APPEARANCES:
n/a
 

ORDERS:

CONSENT AGREEMENT AND ORDER

The parties agree to the following:



1. Spring Arbor Senior Living, LLC (Licensee) is the holder of a license to operate Spring Arbor Assisted Living and Memory Care Community, licensed by the South Carolina Department of Health and Environmental Control (Department) pursuant to S.C. Code Ann. § 44-7-110 et seq. The facility, located in Rock Hill, South Carolina, has a licensed capacity of 92 beds.



2. The Department notified the Licensee by letter dated April 13, 2007, that it was imposing a $36,210 monetary penalty for alleged violations of 25A S.C. Code Ann. Regs. 61-84, Standards for Licensing Community Residential Care Facilities (Supp. 2006), arising out of a February 28, 2007 inspection. The letter advised that the decision would become the final agency decision unless the facility filed a Request for a Final Review with the Department's Clerk of the Board within fifteen days.


3. On April 24, 2007, the Licensee filed a timely request for a Final Review Conference with the Clerk of the DHEC Board. The DHEC Board decided on May 16, 2007, not to conduct a Final Review Conference, and through its Clerk issued a letter dated May 17, 2007, notifying the Licensee of its decision.



4. The Licensee then filed a Notice of Request for a Contested Case Hearing with the South Carolina Administrative Law Court on June 15, 2007.



5. Prior to proceeding to an administrative hearing, the parties met on December 4, 2007 to discuss a possible resolution of this contested case. Through discussions that took place at this meeting and through subsequent discussions, the parties were able to come to a mutual agreement to resolve this matter.


THEREFORE, IT IS AGREED



1. The Department agrees to suspend $21,210 of the $36,210 monetary penalty, for a non-suspended monetary penalty total of $15,000. In addition, the non-suspended penalty amount shall be reduced in an amount equal to 75% of funds spent by the Licensee for regulatory compliance [as evidenced by receipts submitted to the Department], not to exceed $5,000. The Licensee agrees to submit payment of the monetary penalty to the Department within thirty (30) days of execution of this Order. Payment is to be by certified check or money order made payable to the S.C. Department of Health and Environmental Control. Payment 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



2. With the execution of this Consent Agreement and Order, the Licensee hereby withdraws its request for a contested case hearing pending before the Administrative Law Court.



3. The Department in no way waives its authority to enforce its statutory and regulatory requirements for the licensure of the Licensee’s facility.



4. 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.

5. With this settlement agreement, the Department and the Licensee wish to resolve this matter and to compromise and settle the disputes and allegations that have been pled or that could have been pled arising from the February 28, 2007 inspection as well as a follow up inspection that occurred on January 4, 2008.



6. This Consent Agreement and Order is entered into by the parties to resolve this matter without the expense and delay of further litigation and is not an admission of law or fact by the Licensee.

7. This Consent Agreement and Order governs only the matters set forth herein and does not affect or purport to affect any criminal liability or liability to any person or entity not a party to this Order. Any express or implied admissions by the Licensee herein are made for the sole purpose of settling this contested case and shall not constitute admissions in any criminal or civil proceeding.



AND IT IS SO ORDERED.


________________________________


The Honorable John D. Geathers

Administrative Law Judge


DATE: February 14, 2008


WE CONSENT:


________________________________


Dennis L. Gibbs, Director

Division of Health Licensing


________________________________


Ashley Biggers, Esq.

Staff Attorney for Health Regulation



________________________________

Spring Arbor Senior Living, LLC


________________________________


Mason A. Summers, Esq.

Richardson Plowden & Robinson, P.A.

Attorney for Respondent

________________________________

Pamela M. Dukes, Deputy Commissioner

Health Regulation


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