ORDERS:
CONSENT AGREEMENT AND ORDER
FINDINGS
OF FACT
1. Frances T. Bowers is the holder of a license to operate Open Arms
Community Care (Facility) issued
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, a community
residential care facility located in Little Mountain,
South Carolina has a licensed
capacity of fifteen (15) beds.
2. The Department notified Open Arms Community Care by letter dated
February 13, 2006 that it was imposing a $31,300 monetary penalty for violations and
repeat violations of 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 days from the date of the letter unless
during such thirty-day period a
letter of appeal requesting a contested case hearing
under S.C. Code Ann. § 44-7-320
(B)(2002) and Rules of Procedure for the
Administrative Law Court was
submitted.
3. By letter dated March 6, 2006, the facility filed a request for a
contested case
hearing with the Administrative Law Court.
4. On March 13, 2006, the parties met to determine whether a mutual
agreement
could be reached to resolve this
matter before it was heard at a contested case hearing.
At that time no settlement was
reached. However, on the morning of August 2, 2006,
prior to the beginning of the contested
case hearing, the parties were able to reach a
mutual agreement to resolve this
matter.
THEREFORE,
IT IS AGREED
1. The Licensee will initiate action to ensure that all violations of 25A
S.C. Code
Ann. Regs. 61-84 (Supp. 2005) are
not repeated.
2. The Licensee agrees to withdraw its contested case pending before the
Administrative Law Court.
3. The Department agrees to decrease the total amount of the $31,300
monetary
penalty by $16,170. Therefore, the
Licensee agrees to submit payment of a
$15,130 monetary penalty to the
Department in twelve (12) installment payments, as
follows:
Payment
Number Amount Date
Due to the Department
1 $3,000
Within 30 days of execution of
Consent Order
2
950 October 15, 2006
3
950 November 15, 2006
4
950 December 15, 2006
5
950 January 15, 2007
6
950 February 15, 2007
7
1,230 March 15, 2007
8
1,230 April 15, 2007
9
1,230 May 15, 2007
10
1,230 June 15, 2007
11
1,230 July 15, 2007
12 1,230 August 15, 2007
Payments are to be by certified
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, S.C. 29201
Should any of the aforementioned
installment payments be received by the
Department more than fifteen (15)
days after the due date specified in this Consent
Agreement and Order, then the
entire remaining balance of the $15,130
monetary penalty shall become due
and payable to the Department.
4. The Department in no way waives its authority to enforce, by imposing
penalties or otherwise, all
statutory and regulatory requirements for the licensure of
Open Arms Community Care.
5. It is further agreed that future violations or repeat violations of the
regulations
or applicable licensing statues
may result in the imposition of additional penalties or
revocation of the license to
operate Open Arms Community Care, pursuant to S.C.
Code Ann. § 44-7-320 (2002), and
the facility administrator has been informed of
these potential actions.
6. 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
7. Frances T. Bowers 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.
August 29, 2006
The Honorable John D. McLeod Date
Administrative Law Judge
WE CONSENT:
Dennis L. Gibbs, Director Date
Division of Health Licensing
Nancy S. Layman Date
Chief Attorney for Health
Regulation
Frances T. Bowers,
Administrator/Licensee Date
Open Arms Community Care |
