ORDERS:
CONSENT AGREEMENT AND ORDER
FINDINGS OF FACT
1.Gerald Xavier Foster is the holder of a license to operate Foster’s Rest
Home, a community residential care facility (CRCF) 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 Charleston, South Carolina, has
a licensed capacity of ten (10) beds.
2.The Department notified Foster’s Rest Home by letter dated October 20,
2004 that it was imposing a $9,500 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 November 18, 2004, Foster’s Rest Home submitted a
timely appeal.
4.Prior to proceeding to an administrative hearing, the parties met on
November 18, 2004. Subsequently, Foster’s Rest Home 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 $3,800 of the $9,500 total monetary penalty assessed
against Foster’s Rest Home. Therefore, the Licensee agrees to submit a monetary
penalty of $5,700 to the Department. Payment of the $5,700 monetary penalty is to be
made to the Department in two installments. The first installment of $2,850 is due and
payable to the Department within thirty (30) days of the date of full execution of this
Consent Agreement and Order. The second installment of $2,850 is due and payable to
the Department within sixty (60) days of the date of full execution of this Consent
Agreement and Order. Each of these payments is to be by check or money order made
payable to the South Carolina Department of Health and Environmental Control and 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 execution of this 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
Foster’s Rest Home.
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 Foster’s Rest Home, pursuant to S.C. Code Ann.
§ 44-7-320 (2003), and the facility administrator has been informed of these potential
actions.
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.Gerald Xavier Foster 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.
March 17, 2005
The Honorable Carolyn C. MatthewsDate
Administrative Law Judge |
