ORDERS:
CONSENT AGREEMENT AND ORDER
1. Ehrhardt
Residential Care, Inc. (Licensee) is the holder of a license to operate
Ehrhardt Residential Care (Facility) issued by the South Carolina Department of
Health and Environmental Health (Department) pursuant to S.C. Code Ann.
§44-7-110 et seq. (2002). Ehrhardt Residential Care, located in Ehrhardt, South Carolina, has a licensed capacity of ten (10) beds.
2. The
Department notified Ehrhardt Residential Care by letter dated July 25, 2005, that it was imposing a $10,750 monetary penalty for violations and repeat
violations 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 this
letter unless during such thirty-day period a written letter of appeal
requesting a contested case hearing was submitted to the Clerk of the Administrative Law Court pursuant to the Rules of Procedure for the Administrative Law Court.
3. On
August 22, 2005, Daniel W. Luginbill, attorney for the facility, filed an
appeal of the Department’s decision to impose this monetary penalty.
4. On
September 8, 2005, the Licensee and their attorney met with representatives of
the Department. The Licensee advised of the items that he had put into place
to prevent a recurrence of the violation which led to this enforcement action.
The parties were then able to reach a mutual agreement that resolved this
matter.
THEREFORE,
IT IS AGREED
1. The
Licensee agrees to continue its action to ensure that all violations are not
repeated.
2. The
Licensee agrees to withdraw its appeal that is before the Administrative Law
Court.
3. In
consideration of the remedial action taken by the facility, the Department
agrees to suspend $5,350 of the $10,750 total monetary penalty assessed against
Ehrhardt Residential Care. Therefore, the facility agrees to submit payment of
a $5,400 monetary penalty to the Department. Payment is due to be paid within
thirty (30) days of execution of this Consent Agreement. Payment is to be by
check, cashier’s 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 “Failure to pay a penalty within thirty days is grounds for suspension,
revocation, or denial or 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,
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 25A S.C. Code Ann. Regs. 61-84 § 302 F. (Supp. 2004),
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
Ehrhardt Residential Care.
7. It
is further agreed that future violations or repeat violations of the
regulations or applicable licensing statues may result in the imposition of
penalties or revocation of the license to operate Ehrhardt Residential Care,
pursuant to S.C. Code Ann. § 44-7-320 (2002), and the facility administrator
has been informed of these potential actions.
8. 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.
9. 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.
January
10, 2006
John D. McLeod Date
Administrative Law Judge |