1. Cheraw Manor, Inc. (Cheraw or Licensee) is the holder of a license to operate a community residential care facility (CRCF) of the same name, 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 Cheraw, South Carolina, has a licensed capacity of one hundred and six (106) beds.

2. The Department notified Cheraw Manor by letter dated December 8, 2005 that it was imposing a $63,800 monetary penalty for violations and repeat violations of 25A S.C. Code Ann. Regs. 61-84, Standards for Licensing Community Residential Care Facilities (Supp. 2005). 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. On December 21, 2005, the parties met to determine if a mutual agreement could be reached to resolve this matter. At this meeting, Cheraw Manor advised the Department of items in mitigation and the steps it was taking to ensure that these violations were not repeated. Cheraw Manor submitted a letter to the Administrative Law Court the following day, December 22, 2005, requesting a contested case hearing. Thereafter the parties were able to come to a mutual agreement to resolve this matter.

THEREFORE, IT IS AGREED

1. The Licensee agrees to initiate steps to ensure that violations and repeat violations of 25A S.C. Code Ann. Regs. 61-84 are not repeated.

2. The Licensee agrees to withdraw its request for a contested case hearing before the Administrative Law Court.

3. In consideration of the remedial action taken by the Licensee, the Department agrees to suspend $31,800 of the total $63,800 monetary penalty. Therefore, the Licensee agrees to submit payment of a $32,000 monetary penalty to the Department. Payment of this $32,000 monetary penalty is to be made in three installment payments. The first payment, in the amount of $10,667, shall be made to the Department within thirty (30) days of the execution of this Consent Order. The second payment, in the amount of $10,667, shall be made to the Department within sixty (60) days of the execution of this Consent Order. The third payment, in the amount of $10,666, shall be made to the Department within ninety (90) days of the execution of this Consent Order. Payment is to be by check or money order made payable to the S.C. Department of Health and Environmental Control. Payment of these monies 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, SC 29201

4. If violation(s) previously cited recur in subsequent inspections by the Department during the twelve-month period following execution of this Consent Order and Agreement, the Department may require payment of all or part of the suspended portion of the assessed penalty, and the Licensee shall immediately pay to the Department the penalty assessed.

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 Cheraw Manor.

6. It is further agreed that future violations or repeat violations of the regulations or applicable licensing statutes may result in the imposition of penalties or revocation of the license to operate Cheraw Manor, pursuant to S.C. Code Ann. § 44-7-320 (2002), and the facility administrator has been informed of these potential actions.

7. 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.

8. Cheraw Manor 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.

March 17, 2006

The Honorable Carolyn C. Matthews Date

Administrative Law Judge