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:
Colleton Place vs. SCDHEC

AGENCY:
South Carolina Department of Health and Environmental Control

PARTIES:
Petitioner:
Colleton Place

Respondent:
South Carolina Department of Health and Environmental Control
 
DOCKET NUMBER:
05-ALJ-07-0052-CC

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

Nancy S. Layman
Chief Attorney for Health Regulation

Laura Redman, Administrator
Colleton Place

Sandra Adams, Vice President/General Counsel
Home Quality Management, Inc.
 

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

 


Brown Bldg.

 

 

 

 

 

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