ORDERS:
CONSENT ORDER AND AGREEMENT
FINDINGS OF FACT
- The Camellia House, Inc. (Licensee) has been the holder of a license to operate The Camellia
House, Inc. (facility) issued by the South Carolina Department of Health and Environmental Control
(Department) pursuant to Section 44-7-110 et seq. South Carolina Code of Laws (Supp. 2000).
- On September 28 and 29, 2000, representatives of the Department visited The Camellia House, Inc.
to conduct a general inspection. During this inspection, violations and repeat violations of R. 61-84,
Standards for Licensing Community Residential Care Facilities, were cited (Attachment A). Also,
on September 7, 2000, a representative from the Department's Fire and Life Safety Program
conducted an inspection and cited a violation of R. 61-84 (Attachment B).
- In a review of the Department's files, it was noted that the Department imposed a monetary penalty
on The Camellia House, Inc. by letter dated October 23, 1998. This resulted in a Consent Order
executed February 24, 1999 (Attachment C). Furthermore, the Department's records indicated that
the Department called in a $500.00 monetary penalty in accordance with the terms of the February
24, 1999 Consent Order (Attachment D). The facility paid the Department this $500.00 monetary
penalty call-in.
- By letter dated November 21, 2000 (Attachment E), the Department notified the facility that it was
imposing a $8,500.00 monetary penalty and suspending the license of The Camellia House, Inc.
This letter advised the facility of its appeal rights.
- By letter dated December 19, 2000 (Attachment F), the facility appealed the Department's decision
to impose a $8,500.00 monetary penalty and suspend its license.
- On March 20, 2001, Marvin F. Kittrell, Administrative Law Judge, held a teleconference.
- By letter dated March 30, 2001 (Attachment G), the facility submitted a settlement offer to the
Department along with its projected schedule of events.
- By letter dated April 5, 2001 (Attachment H), the Department advised the facility that its settlement
proposal was unacceptable but it was willing to listen to any reasonable proposal made by the
facility.
- On May 1, 2001, the facility administrator came to the Department and was provided with a
consultation.
- On May 8, 2001, the facility made a settlement offer which was found to be acceptable to the
Department.
THEREFORE, IT IS AGREED
- Due to the actions initiated by the facility to comply with R. 61-84, Standards for Licensing
Community Residential Care Facilities, the Department agrees to suspend $3,750.00 of the
$8,500.00 monetary penalty and to lift the suspension assessed against The Camellia House by the
Department's letter dated November 21, 2000.
- The facility agrees to submit payment of a $4,750.00 monetary penalty to the Department within
thirty days of execution of this Order. 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 Bleakley
Division of Health Licensing
S.C. Department of Health and Environmental Control
2600 Bull Street
Columbia, S.C. 29201
- If repeat violation(s) of those sections noted in Attachment E are noted during subsequent
inspections by the Department during the twelve month period following execution of this Consent
Order, the Department may require payment of all or part of the suspended portion of the assessed
penalty and/or may impose an additional penalty payable to the Department immediately in
accordance with Section 103 D., S.C. Code Ann. Regs. (Supp. 2000), and the Licensee shall
immediately pay to the Department the assessed penalty.
- It is further agreed that future violations or repeat violations of the regulation or applicable licensing
statutes may result in the imposition of penalties, which may include revocation of the license to
operate the facility, pursuant to S.C. Code Ann. § 44-7-320 (Supp. 2000).
- Nothing in this agreement shall be construed to imply that the Department waives its authority to
enforce, by imposing penalties or otherwise, all applicable statutory and regulatory requirements.
IT IS FURTHER ORDERED that the undersigned reserves jurisdiction over any enforcement of this
order.
AND IT IS SO ORDERED.
__________________________________
MARVIN F. KITTRELL
Chief Administrative Law Judge
June 5, 2001
Columbia, South Carolina |
