FINDINGS OF FACT

1. Courtlyn House, Inc. is the holder of a license to operate Courtlyn House, 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 Columbia, South Carolina, has a licensed capacity of ten (10) beds.

2. The Department notified Courtlyn House by letter dated November 17, 2004 that it was imposing a $10,000 monetary penalty for a violation of 25A 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 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 30, 2004, Courtlyn House submitted a timely appeal.

4. Prior to proceeding to an administrative hearing, the parties met on September 26, 2005. Subsequently, Courtlyn House and the Department were able to come to a mutual agreement to resolve this matter.

THEREFORE, IT IS AGREED

1. The Department agrees to allow Courtlyn House six months from the date of execution of this Consent Agreement and Order to meet all requirements of its twenty-four month plan. It is understood by all parties that the Department’s Division of Health Facilities Construction is the entity that will determine whether or not these requirements have been met. One of these requirements involves the installation of a sprinkler system.

2. Courtlyn House agrees to submit a copy of its signed contract for the installation of the facility’s sprinkler system to the Department within thirty days of execution of this Consent Agreement and Order. Additionally, Courtlyn House agrees that the installation of the facility’s sprinkler system will begin within ninety days of execution of this Consent Agreement and Order.

3. Courtlyn House agrees to withdraw its request for a contested case hearing before the Administrative Law Court in the above-captioned matter.

4. In consideration of the remedial action taken by the Licensee, the Department agrees to withdraw its current action to impose a $10,000 monetary penalty against Courtlyn House. Should Courtlyn House fail to meet all requirements of its twenty-four month plan by the end of the six-month period following execution of this Consent Agreement and Order, however, the Department reserves the right to take further enforcement action, including re-imposition of the $10,000 monetary penalty, suspension, or revocation of the facility’s license, pursuant to S.C. Code Ann. § 44-7-320 (2002).

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 Courtlyn House.

6. 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.

7. Courtlyn House 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.

10/24/05

The Honorable Carolyn C. Matthews Date

Administrative Law Judge