South Carolina              
Administrative Law Court
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SC Administrative Law Court Decisions

CAPTION:
Bexley Manor, a/k/a Westerlin II vs. SCDHEC

AGENCY:
South Carolina Department of Health and Environmental Control

PARTIES:
Petitioner:
Bexley Manor, a/k/a Westerlin II

Respondent:
South Carolina Department of Health and Environmental Control
 
DOCKET NUMBER:
00-ALJ-07-0663-CC

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

Josephine Patton, Attorney for the Department

Steve Peper
Westerlin Residential Care, Inc.
 

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.

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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.


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