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:
Christine's Love vs. SCDHEC

AGENCY:
South Carolina Department of Health and Environmental Control

PARTIES:
Petitioner:
Christine's Love

Respondent:
South Carolina Department of Health and Environmental Control
 
DOCKET NUMBER:
00-ALJ-07-0124-CC

APPEARANCES:
Jerry L. Paul, Director
Division of Health Licensing

Nancy S. Layman
Senior Attorney for Health Regulation

Christine Brown, Administrator/Licensee
Christine's Love

Helen T. Givens, Licensee
Christine's Love
 

ORDERS:

CONSENT ORDER

STATEMENT OF FACTS



1. Christine W. Brown and Helen T. Givens have been the holders of a license to operate Christine's Live (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 facility by letter dated January 26, 2000 (Attachment A) that it was imposing a $1,300.00 monetary penalty against Christine's Love for repeat violations of R.61-84 (Supp. 1999), Standards for Licensing Community Residential Care Facilities . The letter advised that the determination to impose a $1,300 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). In addition, this letter advised that the Department had determined in accordance with the terms of a June 22, 1999 Consent Order (Attachment B), to call-in a monetary penalty of $4,100.00.



Consent Order

Christine's Love

Page Two



3. By letter dated February 18, 2000, the Facility submitted a timely appeal to the Department.

4. By phone call of April 18, 2000, the Facility proposed to pay the Department a $1,000.00 monetary penalty and close the facility to settle this matter. The Department agreed to this proposal.

THEREFORE, IT IS AGREED



1. The facility will cease operation as a community residential care facility by or before May 30, 2000.

2. The facility will assist residents with their placement to licensed community residential care facilities or other suitable placement locations. The facility agrees to provide residents any refunds due. Also, the facility agrees to provide resident medication to residents and/or their family members, as appropriate.

3. The facility agrees to submit to the Department the following items within ten days from the date of closure of Christine's Love:

A. The name of each resident who was relocated, their date of relocation, and place of relocation:

B. A written statement which indicates that residents received their refunds and medications, as appropriate;

C. A written statement as to the location of resident records for ten years following closure of the facility;

D. Return the last license issued by the Department;

E. The Licensees of the facility will submit a statement that they will not operate a community residential care facility at this location or any other location without first obtaining a license from the Department.



Page Three

EB



4. The Department agrees to suspend $300.00 of the $1,300.00 assessed monetary penalty and the $4,100.00 monetary penalty call-in for twelve months following execution of this Consent Order. If the Licensees of Christine's Love are found to be operating an unlicensed facility during the next twelve months, the Department may call-in all or part of these penalty amounts or may assess another penalty in accordance with S.C. Code, § 44-7-320(C) and the Licensee shall immediately pay to the Department the assessed penalty.

5. The facility agrees to submit to the Department within thirty days of execution of this Consent Order a penalty payment of $1,000.00. Payment is to be by check or money order made payable to the S.C. Department of Health and Environmental Control and sent to the following address:

Attention: Earl Bleakly

Division of Health Licensing

S.C. Department of Health and Environmental Control

2600 Bull Street

Columbia, S.C. 29201



6. The facility understands that closure of this facility means that the Department will not process a change of ownership of this location . Any prospective new licensee of this location will be required to meet the requirements the Department has in place for a for an individual to secure a new community residential facility license.

AND IT IS SO ORDERED.



Date: June 1, 2000

JOHN D. GEATHERS

Administrative Law Judge


Brown Bldg.

 

 

 

 

 

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