ORDERS:
CONSENT AGREEMENT AND ORDER
FINDINGS OF FACT
1. Continuum Care Corporation is the holder of a license to operate Colleton
Place (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). Colleton Place, a community residential care facility located in Walterboro,
South Carolina, has a licensed capacity of 44 (forty-four ) beds.
2. The Department notified Colleton Place by letter dated January 5, 2005,
that it was revoking its license for continued violation of §103 D of 25A S.C. Code
Ann. Regs. 61-84 (Supp. 2004), Standards for Licensing Community Residential Care
Facilities, for failing to comply with current building and fire and life safety codes.
The letter advised that this determination would become final thirty days from
the date of this letter unless during such thirty-day (30) period Colleton Place
submitted a written letter of appeal requesting a contested case hearing under S.C.
Code Ann. Section 44-7-320(B) (Supp. 2002) and Rules of Procedure for the
Administrative Law Court.
3. By letter dated February 1, 2005, the facility submitted a timely appeal.
4. Prior to proceeding to an administrative hearing, Colleton Place was able to
correct the deficiencies, which had led the Department to initiate action to revoke its
license, by installing and activating a sprinkler system. Subsequently, Colleton Place
and the Department were able to come to a mutual agreement to resolve this matter.
THEREFORE, IT IS AGREED
1. Colleton Place has now met the requirements of § 103D of
25A S.C. Code Ann. Regs. 61-84, Standards for Licensing Community Residential
Care Facilities (Supp. 2004). Therefore, the Department agrees to cease its action to
revoke the license of Colleton Place.
2. In consideration of the Department’s determination, Colleton Place agrees
to contact the Administrative Law Court immediately and withdraw its request for a
contested case hearing regarding the Department’s decision to revoke the Facility’s
license.
3. Colleton Place understands that this agreement is relevant only to the
Department’s action to revoke the license of Colleton Place.
4. The Department in no way waives its authority to enforce, by imposing
penalties or otherwise, all statutory and regulatory requirements for the licensure of
Colleton Place.
5. 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 representation , promises, understandings, or agreements except
as expressly set forth within this Agreement.
6. Continuum Care Corporation 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 any criminal liability or liability to any entity
not a party to this order.
AND IT IS SO ORDERED
10-06-2005
Ray N. Stevens Date
Administrative Law Judge
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