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:
Heath Springs Residential Care Center, Inc. vs. SCDHEC

AGENCY:
South Carolina Department of Health and Environmental Control

PARTIES:
Petitioner:
Heath Springs Residential Care Center, Inc.

Respondent:
South Carolina Department of Health and Environmental Control
 
DOCKET NUMBER:
04-ALJ-07-0350-CC

APPEARANCES:
Dennis L. Gibbs, Director
Division of Health Licensing

Ashley C. Biggers
Staff Attorney for Health Regulation

Brenda B. Jones, Administrator and President
Heath Springs Residential Care Center, Inc.
 

ORDERS:

CONSENT AGREEMENT AND ORDER

FINDINGS OF FACT

1.Heath Springs Residential Care Center, Inc. (Heath Springs or Licensee) is the holder of a license to operate a community residential care facility (CRCF) issued 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 Heath Springs, South Carolina, has a licensed capacity of sixty-four (64) beds.

2.The Department notified Heath Springs by letter dated October 11, 2004 that it was imposing an $11,500 monetary penalty for violations and repeat violations of 25A 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 (30) days from the date of the letter unless during such thirty-day period a written letter of appeal requesting a contested case hearing under S.C. Code Ann. § 44-7-320(B) (2002) and the Rules of Procedure for the Administrative Law Court was submitted.

3.By letter dated October 13, 2004, Heath Springs submitted a timely appeal.

4.Prior to proceeding to an administrative hearing, the parties met on November 9, 2004. Heath Springs advised that it had corrected the violations and had initiated action to ensure that these violations were not repeated. Subsequently, Heath Springs and the Department were able to come to a mutual agreement to resolve this matter.

THEREFORE, IT IS AGREED


1.The Licensee will initiate action to ensure that all violations are not repeated.

2.The Licensee withdraws its request for a contested case hearing before the Administrative Law Court in the above-captioned matter.

3.In consideration of the remedial action taken by the Licensee, the Department agrees to suspend $4,600 of the $11,500 total monetary penalty assessed against Heath Springs. Therefore, the Licensee agrees to submit payment of a $6,900 monetary penalty to the Department. Payment of this $6,900 monetary penalty is to be made to the Department in two installment payments. The first installment payment of $3,500 is due and payable to the Department within thirty (30) days of the date this executed Consent Agreement and Order is filed in the Administrative Law Court. The second installment payment of $3,400 is due and payable to the Department within sixty (60) days of the date this executed Consent Agreement and Order is filed in the Administrative Law Court. Each of these payments is 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. § 44-7-320 (D) (2003) states that “[f]ailure 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 violation(s) previously cited recur in subsequent inspections by the Department during the twelve-month period following the filing of this executed Consent Agreement and 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 Section 302 F., 25A 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 Heath Springs.

7.It is further agreed that future violations or repeat violations of the regulations or applicable licensing statutes may result in the imposition of penalties or revocation of the license to operate Heath Springs, pursuant to S.C. Code Ann. § 44-7-320 (2003), 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.Heath Springs 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.

December 16, 2004

The Honorable Carolyn C. MatthewsDate

Administrative Law Judge


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