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:
Omoooo Community Care Home vs. SCDHEC

AGENCY:
South Carolina Department of Health and Environmental Control

PARTIES:
Petitioner:
Omoooo Community Care Home

Respondent:
South Carolina Department of Health and Environmental Control
 
DOCKET NUMBER:
00-ALJ-07-0468-CC

APPEARANCES:
JERRY PAUL
Division of Health Licensing

JOSEPHINE B. PATTON
Attorney for DHEC

MINA LEVINE
Omoooo Community Care Home

OLIVER LEVINE
Omoooo Community Care Home
 

ORDERS:

CONSENT ORDER OF DISMISSAL

STATEMENT OF FACTS

1. Oliver and Mina Levine have been the holder of a license to operate Omoooo Community Care Home issued by the South Carolina Department of Health and Environmental Control pursuant to S.C. Code Ann. § 44-7-110 et. seq. (Supp. 1999).

2. The Department notified the Licensee by letter dated July 10, 2000 (Attachment A) that it was imposing a monetary penalty of $2900.00 against Omoooo Community Care Home for repeat violations of R. 61-84 Standards for Licensing Community Residential Care Facilities. The letter advised that this Determination to impose a $2900.00 penalty would become final thirty days from the mailing of the letter unless the licensee filed an appeal in accordance with S.C. Code Ann. § 44-7-320 (B) (Supp. 1999).

3. By letter dated August 1, 2000 (Attachment B), the facility appealed the Department's decision to impose a $2900.00 penalty.

4. By phone call of September 1, 2000, a representative of the facility contacted the Department's Office of General Counsel and advised that it would like to cease its appeal action and pay the Department the $2900.00 penalty.

THEREFORE IT IS AGREED

1. The Licensee will initiate action to ensure that violations as noted in the Department's letter to the facility are not repeated.

2. The facility agrees to pay to the Department the $2900.00 penalty within thirty days of execution of this consent order. Payment is to be by check or money order made payable to the S.C. Department of Health and Environmental Control. Payment is to be made to the following address: Attn: Earl Bleakley, Division of Health Licensing, S.C. Department of Health and Environmental Control, 2600 Bull Street, Columbia, S.C. 29201.

3. It is understood by the Licensee that S.C. Code Ann. § 44-7-320(D) (Supp. 1999) states that "failure to pay a penalty within thirty (30) 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."

4. 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 Omoooo Community Care Home, pursuant to S.C. Code Ann. § 44-7-320 (Supp. 1999) and the facility administrator has been informed of these potential actions.

AND IT IS SO ORDERED.







_________________________________

CAROLYN C. MATTHEWS



October 10, 2000

Columbia, South Carolina


Brown Bldg.

 

 

 

 

 

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