ORDERS:
CONSENT AGREEMENT AND ORDER
1. The
Whitney Corporation of Columbia (“Whitney” or “Licensee”) is the holder of a
license issued by the South Carolina Department of Health and Environmental
Control (“Department”) pursuant to S.C. Code Ann. § 44-7-110 et seq. (2002) to operate a community residential care facility (“CRCF”) called Whitney
Place (“Facility”).
2. The
Department notified Whitney by letter dated October 24, 2005, that it was
imposing a $17,000 monetary penalty for violations and repeat violations of 25A
S.C. Code Ann. Regs. 61-84 (Supp. 2005), Standards for Licensing Community
Residential Care Facilities. 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. Prior
to proceeding to an administrative hearing on this matter, the attorney for
Whitney met with representatives of the Department on November 30, 2005, to see
if this matter could be resolved without litigation. As a result of this
meeting, the attorney for Whitney advised the Department of the actions the
facility had taken to ensure that the violations which led the Department to
initiate the enforcement action were not repeated. The parties were then able
to come to a mutual agreement to resolve this matter.
THEREFORE, IT
IS AGREED:
1. The
Licensee will initiate action to ensure that all violations are not repeated.
2. The
Licensee will withdraw its contested case pending before the Administrative Law
Court.
3. In
consideration of the remedial action taken by the Facility, the Department
agrees to suspend $7,500 of the total $17,000 monetary penalty assessed against
Whitney. Therefore, the Facility agrees to submit payment of a $9,500 monetary
penalty to the Department. Payment of this $9,500 monetary penalty shall be
made in two installments. The first installment payment of $5,000 is due to
the Department by no later than June 1, 2006. The second installment payment
of $4,500 is due to the Department by no later than September 1, 2006. Payment
is to be made by 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,
SC 29201
Should either of
the aforementioned installment payments be received by the Department more than
ten (10) days after the due date specified in this Consent Agreement and Order,
then the entire remaining balance of the original $17,000 monetary penalty
shall become due and payable to the Department.
4. It
is understood by the Licensee that S.C. Code Ann. § 44-7-320(D) (2002) states
that “[f]ailure to pay a penalty within thirty days is grounds for suspension,
revocation, or denial of 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
and Order, 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 Section 302(F) of 25A S.C. Code Ann.
Regs. 61-84 (Supp. 2005), and the Licensee shall immediately pay to the
Department the penalty assessed.
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 the
facility.
7. 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 the facility, 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,
understanding, 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 to any entity not a
party to this matter.
AND
IT IS SO ORDERED.
____________________________ 4/20/06________
JOHN D. GEATHERS Date
Administrative Law Judge |