ORDERS:
CONSENT AGREEMENT AND ORDER
FINDINGS OF FACT
1.Maranatha Manor of Spartanburg, Inc. is the holder of a license to
operate Maranatha Manor of Spartanburg (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 & Supp. 2003). Maranatha Manor of
Spartanburg, located in Spartanburg, South Carolina, has a licensed capacity of
81(eighty-one) residents.
2.The Department notified Maranatha Manor of Spartanburg by letter dated
November 10, 2003, that it was imposing a $11,500 monetary penalty for violations
and repeat violations of S.C. Code Ann. Regs. 61-84, Standards for Licensing
Community Residential Care Facilities (Supp. 2003). 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 & Supp. 2003) and
Rules of Procedure for the Administrative Law Judge Division was submitted.
3. By letter dated November 21, 2003, the facility submitted a timely
appeal.
4.Prior to proceeding to an administrative hearing, the parties met on
January 9, 2004. Later, the parties continued their discussions until
such time as they were able to mutually resolve this matter. Maranatha Manor of
Spartanburg advised that it has corrected the violations and initiated action to ensure
that these violations will not be repeated. Subsequently, Maranatha Manor of
Spartanburg and the Department were able to come to a mutual agreement to
resolve this matter.
THEREFORE, IT IS AGREED
1.The Licensee will ensure that it continues to be in compliance with all
applicable regulations. The Licensee will withdraw its request for a contested case
hearing in action 03-ALJ-07-0506-CC currently pending in the Administrative Law
Court.
2.In consideration of the remedial action taken by the facility, the
Department agrees to suspend $6,750 of the $11,500 total monetary penalty assessed
against Maranatha Manor of Spartanburg.
3.The facility agrees to submit payment of a $4,750 monetary penalty to the
Department. Payment of this $4,750 monetary penalty is to be paid to the Department
in two equal payments of $2,375. The first payment of $2,375 is due no later than
thirty (30) days from the execution of this Consent Order by the Administrative Law
Judge. The second payment of $2,375 is due no later than sixty days from the date of
execution of this Consent Order by the Administrative Law Judge.
Payments are to be by 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, S.C. 29201
4.It is understood by the Licensee that S.C. Code Ann. Section 44-7-320
(D) (2002 & Supp. 2003) states that “[fa]ilure to pay a penalty within thirty 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 previously cited violation(s) recur in subsequent inspections by the
Department during the twelve-month period following execution of 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 Section 302 F., S.C. Code Ann. Regs. 61-84 (Supp.
2003), 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
Maranatha Manor of Spartanburg.
7.It is further agreed that future violations or repeat violations of the
regulations or applicable licensing statutes may result in the imposition of new
penalties or the revocation of the license to operate Maranatha Manor of Spartanburg,
pursuant to S.C. Code Ann. Section 44-7-320 (2002 & Supp. 2003), and the facility
administrator has been informed of this.
8.This Agreement 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 Agreement.
9.Maranatha Manor of Spartanburg, Inc. understands that this Consent
Agreement governs only the liability for civil sanctions arising from the matters set
forth herein and does not affect or purport to affect to affect any criminal liability or
other liability to another DHEC or other state agency. |
