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

SCDHEC vs. Hawthorne Inn Assisted Living

South Carolina Department of Health and Environmental Control

South Carolina Department of Health and Environmental Control

Hawthorne Inn Assisted Living

Jerry L. Paul, Director
Division of Health Licensing

Nancy S. Layman
Senior Attorney for Health Regulation

Julie Coates, Administrator
Hawthorne Inn-Greenville

John McCoy
Community Residential Centers, Inc.
Manager and Authorized Representative




1. Community Residential Centers, Inc. (Licensee) has been the holder of a license

to operate Hawthorne Inn-Greenville (Facility) issued by the South Carolina Department

of Health and Environmental Control (Department/DHEC) pursuant to S.C. Code Ann.

§§ 44-7-110 et seq. (Supp. 2000).

2. By letter dated October 4, 2001, the Department advised the Facility that it was

imposing a $1,750 monetary penalty against it for violations of 25A S.C. Code Ann.

Regs. 61-84 (Supp. 2000), Standards for Licensing Community Residential Care

Facilities. Citations were for the following violations: a resident had not been examined

by a physician for transfer to an appropriate facility; a hospice resident required

continuous medical supervision and total care for dressing, feeding and bathing; the

administrator did not initiate prompt action to obtain the proper level of care for a

resident; resident medications had not been charted; staff initials were not identifiable on

medication administration records; resident medication labels and medication

administration records were not in agreement; and Facility hot water temperature

exceeded 120 degrees. This letter advised the Facility that the decision would become

final thirty days from the mailing of the notice unless during such thirty-day period the

Facility gave written notice to the Clerk of the DHEC Board requesting a contested case

hearing under S.C. Code Ann. § 44-7-320(B) (Supp. 2000) and Rules of Procedure for

the Administrative Law Judge Division.

3. By letter dated October 24, 2001, the Facility paid $750 of the $1,750

monetary penalty. However, by its letter the Facility also appealed the remainder of the

monetary penalty for the Department's citation of violations of S.C. Code Ann. Regs.

61-84 §§ 403 B. and 403 C. (Supp. 2000).

4. Prior to having an administrative hearing, the parties discussed this matter and the

Facility agreed to initiate action to ensure that violations of §§ 403 B. and 403 C. of

Regulation 61-84 do not occur. The parties agreed that the licensee made every effort to

obtain the proper level of care for the resident; however, the relocation was not

accomplished in a timely manner. The parties agreed to resolve this matter by Consent

Order and Agreement.


1. Due to assurances that the Facility now has in place procedures to safeguard

residents and to prevent a recurrence of the violations that led to this enforcement

action, the Department has agreed to suspend the remaining $1,000 monetary penalty.

2. If violations of §§ 403 B. and 403 C. of Regulation 61-84 are cited again 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/or may impose an additional penalty payable to the Department pursuant to

25A S.C. Code Ann. Regs. 61-84 (Supp. 2000), and the Licensee shall immediately pay

to the Department the assessed penalty.

3. The Licensee agrees to post a copy of this Consent Order and Agreement in a

conspicuous location so that residents and visitors may see it.

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 Hawthorne


5. The Licensee in no way waives its right of appeal for any further citations as

authorized under the South Carolina Administrative Code.

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 Hawthorne Inn-Greenville, pursuant to S.C. Code Ann.§ 44-7-320

(Supp. 2000), and the Facility administrator has been informed of these potential actions.

7. The Facility agrees to withdraw its contested case pending before the

Administrative Law Judge Division.


s/John D. Geathers 2-5-02

John D. Geathers Date

Administrative Law Judge

Brown Bldg.






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