FINDINGS OF FACT

1. Emeritus Corporation (Licensee) is the holder of a license issued by the South Carolina Department of Health and Environmental Control (Department) pursuant to S.C. Code Ann. § 44-7-110 et seq. (2002) to operate Bellaire Place, a community residential care facility. Bellaire Place, located in Greenville, South Carolina, has a licensed capacity of 162 (one hundred sixty-two) residents.

2. The Department notified Bellaire Place by letter dated April 5, 2005 that it was imposing a $6,300 monetary penalty for violations and repeat violations of S.C. Code Ann. Regs. 61-84, Standards for Licensing Community Residential Care Facilities (Supp. 2004). 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 was submitted 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.

3. By letter dated April 22, 2005, Bellaire Place submitted a timely appeal.

4. Prior to proceeding to an administrative hearing, the parties met on August 17, 2005. The Licensee advised that it had corrected the violations and had initiated action to ensure that these violations will not be repeated. Subsequently, the parties 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 for which the Department imposed the $6,300 monetary penalty are not repeated.

2. The Licensee agrees to withdraw 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 $2,200 of the $6,300 total monetary penalty assessed against Bellaire Place. Therefore, the Licensee agrees to submit payment of a $4,100 monetary penalty to the Department. Payment of this $4,100 monetary penalty is to be made to the Department within thirty (30) days of the execution of this Consent Agreement and Order. Payment 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) (2002) 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. The Department in no way waives its authority to enforce, by imposing penalties or otherwise, all statutory and regulatory requirements for the licensure of Bellaire Place.

6. 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 Bellaire Place, pursuant to S.C. Code Ann. § 44-7-320 (2003), and the facility administrator has been informed of these potential actions.

7. 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.

8. The Licensee 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.

September 19, 2005

Ralph King Anderson, III Date

Administrative Law Judge