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 |