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. Whitney Place

AGENCY:
South Carolina Department of Health and Environmental Control

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

Respondent:
Whitney Place
 
DOCKET NUMBER:
05-ALJ-07-0460-CC

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

Ashley C. Biggers, Esquire
Staff Attorney for Health Regulation

William Whitney, President/Owner
The Whitney Corporation of Columbia (Licensee)

Yolande Whitney, Administrator
Whitney Place

I.S. Leevy Johnson, Esquire
Attorney for Whitney Place
 

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


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