ORDERS:
CONSENT ORDER
STATEMENT OF FACTS
1. Christine W. Brown and Helen T. Givens have been the holders of a license to
operate Preferred Loving 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. (Supp.
1999).
2. The Department notified the Licensee by letter dated January 20, 2000
(Attachment A) that it was imposing a $3,000.00 monetary penalty against Preferred Loving
Care for repeat violations of R. 61-84 (Supp. 1999), Standards for Licensing Community
Residential Care Facilities. The letter advised that this determination to impose a $3,000.00
monetary penalty would become final thirty days from the mailing of the letter unless the
Licensee filed an appeal pursuant to S.C. Code Ann. § 44-7-320 (B) (Supp. 1999).
3. By letter dated February 13, 2000 (Attachment B), the Facility submitted a timely
appeal of the Department's decision to impose a $3,000.00 monetary penalty.
Consent Order
Preferred Loving Care
Page Two
4. By telephone call of March 1, 2000, the Facility advised the Department that it
was closing it operation as a community residential care facility.
5. By letter dated March 2, 2000, the Facility was advised of the items that it must
submit to the Department upon closure. Also, it was advised that closure does not expunge a
penalty imposed by the Department. The Facility stated that they recognized this fact.
6. By the Facility's telephone call to the Department on March 9, 2000, it proposed
to settle this matter by submitting the items required by the Department's March 2, 2000 letter
and to pay the Department a $1,000.00 monetary penalty. The Department accepted this
proposal.
THEREFORE, IT IS AGREED
1. The Facility will cease its operation as a community residential care facility.
2. In consideration of this fact, the Department will suspend $2,000.00 of the
$3,000.00 monetary penalty assessed by the Department against the Operators of this Facility for
the twelve months following execution of this Order. Should the Operators of this Facility be
found to be operating an unlicensed Facility during this twelve-month period, the Department
may require payment of all or part of the suspended $2,000.00 and/or may impose an additional
penalty in accordance with Section 103 D., S.C. Code Regs. 61-84 (Supp. 1999) and the
Operators shall immediately pay to the Department the assessed penalty.
3. The Facility agrees to submit payment to the Department of the $1,000.00
monetary penalty by check or money order made payable to the S.C. Department of Health and
Consent Order
Preferred Loving Care
Page Three
Environmental Control to the following address within thirty days of execution of this Order:
Attention: Earl Bleakley
Division of Health Licensing
S.C. Department of Health and Environmental Control
2600 Bull Street
Columbia, S.C. 29201
AND IT IS SO ORDERED
DATE: 4/4/00
John D. Geathers
Administrative Law Judge
Jerry L. Paul, Director Date
Division of Health Licensing
Nancy S. Layman Date
Senior Attorney for Health Regulation
Christine Brown, Administrator/Licensee Date
Preferred Loving Care
Helen T. Givens, Licensee Date
Preferred Loving Care
March 22, 2000
Christine Brown, Administrator
Preferred Loving Care
P.O. Box 72378
North Charleston, S.C. 29405
Dear Ms. Brown:
Please find a proposed Consent Agreement which would resolve the monetary penalty imposed on Preferred Loving Care by
the Department by our letter dated January 20, 2000. I am requesting that you and Helen Givens review this proposal. If
acceptable, both you and Ms. Givens need to sign this Agreement and return it to our Division at the following address
within fifteen days of the mailing of this letter:
Attention: Earl Bleakley
Division of Health Licensing
S.C. Department of Health and Environmental Control
2600 Bull Street
Columbia, S.C. 29201
Should you have any questions, please call Nancy Layman, Senior Attorney for Health Regulation at (803) 898-3354.
Sincerely,
Jerry L. Paul, Director
Division of Health Licensing
JLP:EB:db
cc: Randy Langston
Joe Randall
Gene Chestnut
Nancy Layman, Senior Attorney for Health Regulation
CERTIFICATE OF SERVICE
The undersigned for the South Carolina Department of Health and Environmental Control, (DHEC) , states that he/she has
on March , 2000 , served upon the necessary parties the letter(s) dated March , 2000 , concerning DHEC's
action against the facility listed below by depositing copies of same in the U.S. Mail, return address clearly stated with
sufficient postage affixed thereto, addressed as follows:
Christine Brown, Administrator
Preferred Loving Care
P.O. Box 72378
North Charleston, S.C. 29405
(If Applicable) Additional copies of this letter were sent to the facility's legal representative (s) at the following address:
DHEC Employee
Columbia, South Carolina
March , 2000 |
