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:
SCDHEC vs. Ehrhardt Residential Care, Inc.

AGENCY:
South Carolina Department of Health and Environmental Control

PARTIES:
Petitioner:
South Carolina Department of Health and Environmental Control

Respondent:
Ehrhardt Residential Care, Inc.
 
DOCKET NUMBER:
05–ALJ-07-0339-CC

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

Nancy S. Layman
Chief Attorney for Health Regulation

Dean Kohlhepp
Ehrhardt Residential Care

Daniel W. Luginbill
Attorney
 

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


Brown Bldg.

 

 

 

 

 

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