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:
DHEC vs. Alfreda Thompson

AGENCY:
South Carolina Department of Health and Environmental Control

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

Petitioner:
Alfreda Thompson d/b/a Alfreda’s Sea Islander’s Home on St. Helena Island
 
DOCKET NUMBER:
02-ALJ-07-0370-CC

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

Nancy L. Roberts
Attorney for Health Regulation

Alfreda Thompson

Darrell Thomas Johnson, Jr., Esquire
 

ORDERS:

CONSENT AGREEMENT AND ORDER

FINDINGS OF FACT

1.Alfreda Thompson is and has been the holder of a license to operate Alfreda’s Sea Islander’s Home (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). Alfreda’s Sea Islander’s Home, located on St. Helena Island, South Carolina, has a licensed capacity of 5 (five) beds.

2.On May 2, 2002, a representative of the Department visited the facility to conduct a complaint investigation. As a result of this investigation, a violation of S.C. Code Ann. Regs. 61-84, Standards for Licensing Community Residential Care Facilities, was cited. This violation involved the facility not being staffed for a period of time on April 23, 2002.

3.On May 2, 2002, a representative of the Department visited 141 Fripp Point Road, St. Helena Island, S.C. to investigate a complaint that this location was being operated as an unlicensed facility. As a result of this investigation, the facility, operated by Alfreda Thompson, was cited for operating an unlicensed community residential care facility.

4.On June 20, 2002, a representative of the Department visited 188 Sam Doyle Road, St. Helena Island, S.C. to investigate a complaint that this location was being operated as an unlicensed facility. As a result of this investigation, the facility, operated by Alfreda Thompson, was cited for operating an unlicensed community residential care facility.

5.The Department notified Alfreda Thompson by letters dated July 23, 2002, that is was imposing a $5,000 monetary penalty for the operation of each unlicensed community residential care facility (141 Fripp Point Road, St. Helena Island, S.C.; 188 Sam Doyle Road, St. Helena Island, S.C.). Additionally, a letter was sent to Alfreda Thompson revoking her license at Alfreda Sea Islander’s Home due to her history of operating two unlicensed community residential care facilities and the absence of staff at the licensed facility for a period of time. 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.

6.By letters dated August 16, 2002, Darrell Thomas Johnson, Jr., Attorney, submitted letters of appeal on behalf of Alfreda Thompson.

7.Prior to proceeding to an administrative hearing, the parties met on November 6, 2002. Additionally, the parties discussed these matters again prior to a hearing. Alfreda Thompson assured the Department that she had properly relocated residents at the two unlicensed locations and that she would not again operate an unlicensed facility. Additionally, Ms. Thompson assured the Department that she had initiated steps to ensure that residents are not again left alone unsupervised at the licensed facility.

THEREFORE, IT IS AGREED

1.The Licensee has taken action and will continue to take action to ensure that the violations do not recur. Additionally, Alfreda Thompson, as Operator of the two unlicensed facilities, has assured the Department that she will not again operate a community residential care facility without first seeking and obtaining a license from the Department.

2.Alfreda Thompson will withdraw the three contested cases pending before the Administrative Law Judge Division.

3.In consideration of the remedial action taken by Alfreda Thompson, the Department agrees to suspend the $5,000 monetary penalty assessed against the unlicensed facility located a 141 Fripp Point Road, St. Helena Island, S.C.

4.Ms. Thompson agrees to pay the $5,000 monetary penalty imposed for the operation of the unlicensed facility located at 188 Sam Doyle Road, St. Helena Island, S.C.

5.The $5,000 monetary penalty is to be paid in two $2,500 payments. The first payment is due and payable thirty days from the date of the execution of the Consent Agreement. The second payment is due sixty days from the date of the execution of the Consent Agreement and Order. Payment is to be check or money order made payable to the S.C. Department of Health and Environmental Control. These payments shall be sent to the following address:

Attention: Early Bleakley

Division of Health Licensing

S.C. Department of Health and Environmental Control

2600 Bull Street

Columbia, SC 29201


6.Upon payment of the $5,000 monetary penalty, the Department agrees to cease its action to revoke the license of Alfreda’s Sea Islander’s Home.

7.It is understood by Alfreda Thompson 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.”

8.It is understood and agreed to by Alfreda Thompson should she or her agents be found to be operating an unlicensed facility at either 141 Fripp Point Road, St. Helena Island, S.C. or 188 Sam Doyle Road, St. Helena Island, S.C. or any other location within the state of South Carolina, the Department may call in all or part of the remaining $5,000 monetary penalty and/or may assess an additional penalty payable to the Department pursuant to Section 44-7-320(C)(2002) and Alfreda Thompson or her agents shall immediately pay to the Department these monies.

9.No additional statements, inducements, or promises have been made by either party in consideration for entering into this consent agreement.

10.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, regulatory, or other that may also exist as a result of these violations.

AND IT IS SO ORDERED

_____________________________________________________________

Marvin F. KittrellDate

Chief Administrative Law Judge


Brown Bldg.

 

 

 

 

 

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