ORDERS:
CONSENT AGREEMENT AND ORDER
FINDINGS OF FACT
1.Clarendon Community Residential Care Center, Inc. has been the holder of a license to
operate Clarendon Community Residential Care Center (Facility) issued by the South Carolina
Department of Health and Environmental Control (Department) pursuant to S.C. Code An..
Section 44-7-110 et seq. (2002). Clarendon Community Residential Care Center, located in
Manning, South Carolina, has a licensed capacity of 90 (ninety) residents.
2.The Department notified Clarendon Community Residential Care Center by letter dated
August 1, 2002, that it was imposing a $35,500 monetary penalty for violations and repeat
violations of S.C. Code Ann. Regs. 61-84, Standards for Licensing Community Residential
Care Facilities (Supp. 2002). The letter advised that this determination would become final
thirty days from the date of this letter unless during such thirty (30) day period a written letter
of appeal requesting a contested case hearing under S.C. Code Ann. Section 44-7-320(B)
(2002) and Rules of Procedure for the Administrative Law Judge Division was submitted.
3.By letter dated August 27, 2002, John C. Land, III, Esquire submitted a request for a
contested case hearing.
4.Prior to proceeding to an administrative hearing, the parties were able to reach an agreement
resolving this matter.
THEREFORE, IT IS AGREED
1.The Licensee has taken and will continue to take action to ensure that the cited violations are
corrected and do not recur.
2.The Licensee will withdraw its contested case pending before the Administrative Law Judge
Division.
3.In consideration of the remedial action taken by the facility, the monetary penalty of $35,500
will be reduced to $18,000.00 payable to the Division of Licensing according to the following
terms:
1.Clarendon will submit a cashier’s check for $7,500.00 of the $18,000 monetary
penalty on or before September 10, 2003.
2.$5,000.00 of the remaining $18,000 monetary penalty will be suspended on the
condition that the facility is in compliance by March 1, 2004. Should the facility not
be in compliance by this date, the $5,000.00 penalty would become due and payable
at that time.
3.The balance of $5,500.00 will be payable in monthly payments of $500.00.
4.The monthly payments will begin 60 days after the signing of the Consent Agreement.
Therefore, the facility agrees to submit payment of $7500 in the form of a cashier’s check on
or before September 10, 2003. Monthly payments will begin 60 days after the execution of
the Consent Agreement. Payment is to be by check or money order made payable to the S.C.
Department of Health and Environmental Control. Payment must 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. Section 44-7-320(D)(2002) states that
“Failure 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, 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., S.C.
Code Ann. Regs. 61-84 (Supp. 2002), 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 Clarendon
Community Residential Care Center.
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 Clarendon Community Residential Care Center, pursuant to S.C. Code Ann. Section
44-7-320 (2002), and the facility administrator has been informed of these potential actions.
8.No additional statements, inducements, or promises have been made by either party in
consideration for entering into this consent agreement.
9.The Licensee understands that this Consent Agreement governs only the above penalty action
and does not affect or purport to affect any other liability, whether civil, criminal, or
regulatory, or other that may also exist as a result of these violations.
The undersigned finds the above agreement fair and reasonable and approves the agreement
as its Order.
AND IT IS SO ORDERED.
__________________________________ 9/2/03
Marvin F. KittrellDate
Chief Administrative Law Judge |
