ORDERS:
CONSENT ORDER OF DISMISSAL
This contested case comes before the undersigned by an agency transmittal from the South Carolina
Department of Health and Environmental Control (Department) based on Petitioner Bexley Manor,
a/k/a Westerlin II's (Bexley) request for a contested case hearing. Bexley appeals the Department's
citations of violations made during an inspection on October 17, 2000, the resulting fines, and the
Department's decision to revoke the facility's license. Prior to a hearing being held, the parties reached
an agreement resolving this matter without the need for a hearing. The Consent Order and Agreement,
dated April 25, 2001, is attached and incorporated into this Order by reference.
Accordingly, by and with the consent of the parties, it is ordered and agreed that this contested case is
dismissed.
AND IT IS SO ORDERED.
________________________________________
JOHN D. GEATHERS
Administrative Law Judge
P.O. Box 11667
Columbia, South Carolina 29211-2667
April 25, 2001
Columbia, South Carolina
STATE OF SOUTH CAROLINA
ADMINISTRATIVE LAW JUDGE DIVISION
Westerlin II, by its
representative Steve Peper,
Westerlin Residential Care,
Inc.,
Petitioner,
vs.
South Carolina Department of
Health and Environmental
Control,
Respondent. |
)
)
)
)
)
)
)
)
)
) |
DOCKET NO. 00-ALJ-07-0663-CC
CONSENT ORDER
AND
AGREEMENT
|
STIPULATIONS OF FACT
1. Westerlin Residential Care, Inc. (Licensee) has been the holder of a license to operate Westerlin
II (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. 2000).
2. The Department, by letter dated November 2, 2000 (Attachment A), determined it appropriate
to revoke the license of Westerlin II as a community residential care facility for violations and
repeat violations of R. 61-84, Standards for Licensing Community Residential Care Facilities. This
letter also imposed a $5,800.00 monetary penalty. In addition, this letter advised the facility that
this decision to revoke the license and impose a $5,800.00 monetary penalty would become final
thirty days from the mailing of this letter, unless during such thirty-day period a written request for
a hearing was received by the Department's Clerk of the Board.
3. By letter dated November 27, 2000, the facility submitted an appeal. (Attachment B.)
4. Prior to proceeding to a hearing, the Licensee advised the Department that it was seeking settlement
in this matter. On March 8, 2001, a proposal was made by the Licensee and accepted during a phone
call with a representative of the Department.
THEREFORE, IT IS AGREED
1. Westerlin Residential Care, Inc. agrees that it will no longer operate Westerlin II, located at
1140 Fifth Avenue, Charleston, South Carolina, as a community residential care facility.
Furthermore, it agrees to return to the Department the license it was issued to operate said facility.
It also agrees to advise the Department in writing within ten days of execution of this Order that
residents received a refund (as appropriate), that residents received their personal belongings,
including medications (as appropriate), where residents were appropriately transferred
(place/location address), and where resident records will be stored for the ten-year period following
closure of the facility.
2. In consideration of the above, the Department agrees to suspend $4,300.00 of the $5,800.00
monetary penalty. Thus, the facility must submit payment of a $1,500.00 monetary penalty to the
Department. This monetary penalty payment must be by check or money order made payable to the
South Carolina Department of Health and Environmental Control. This payment must be sent to the
following address:
Attention: Earl Bleakley
Division of Health Licensing
S.C. Department of Health and Environmental Control
2600 Bull Street
Columbia, S.C. 29201
The facility must submit payment of these monies to the Department within ten days of execution of
this Consent Order.
3. If the facility fails to meet the above stated stipulations within the time frame indicated, the
Department may call in all or part of the suspended monies. Additionally, should the licensee be found
to be operating an unlicensed facility at 1140 Fifth Avenue, Charleston, South Carolina, or at any other
location in the State of South Carolina, the Department may call in all or part of the suspended monies
and/or may impose an additional penalty payable to the Department immediately in accordance with
S.C. Code Ann. §§ 44-7-260(A) and 44-7-320(C) (Supp.2000)
4. Nothing in this Order shall be construed to imply that the Department waives its authority to enforce,
by imposing penalties or otherwise, all applicable statutory and regulatory requirements.
AND IT IS SO AGREED. |