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:
Carl Murchland vs. SCDHEC

AGENCY:
South Carolina Department of Health and Environmental Control

PARTIES:
Petitioner:
State of South Carolina Morningside of Beaufort (Facility) by its representative Carl Murchland, Regional Director Life Trust America, Inc. (Licensee)

Respondent:
South Carolina Department of Health and Environmental Control
 
DOCKET NUMBER:
01-ALJ-07-0132-CC

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

Josephine Patton, DHEC Attorney

Carl Murchland, Regional Director
Life Trust America, Inc.

Herbert W. Robertson, Administrator
Morningside of Beaufort
 

ORDERS:

CONSENT ORDER AND AGREEMENT

FINDINGS OF FACT

1. Morningside of South Carolina, L.P. (Licensee) has been the holder of a license to

operate Morningside of Beaufort (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. By letter dated March 1, 2001 (Attachment A), the Department advised the facility that it

had determined it appropriate to impose a five thousand dollar monetary penalty and to also

suspend the license of Morningside of Beaufort due to the facility not having a licensed

community residential care facility administrator. This letter advised that this determination would

become final thirty days from the mailing unless the facility submitted an appeal during this time

period to the Department's Clerk of the Board.

3. By letter dated March 8, 2001 (Attachment B), the facility submitted an appeal of the

Department's decision to impose a five thousand dollar monetary penalty and to suspend its

license.

4. By faxed correspondence received by the Department on March 7, 2001 (Attachment C),

the facility advised the Department that it had secured the services of a licensed community

residential care facility administrator.

5. Prior to proceeding to a hearing on this matter, the facility by letter dated March 13, 2001

advised the Department that it would like settle this matter and proposed paying the Department a

$2,500.00 monetary penalty. This was acceptable to the Department.



THEREFORE, IT IS AGREED.

1. Due to the fact that Morningside of Beaufort has secured the services of a licensed

community residential care facility administrator, the Department has agreed to suspend $2,500.00

of the $5,000.00 monetary penalty and to lift the suspension imposed on the facility.

2. Morningside of Beaufort agrees that it will submit payment of the $2,500.00

monetary penalty to the Department 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 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

3. Morningside of Beaufort agrees that it will continually have the services of a licensed

community residential care facility administrator. Should the Department cite a violation for this

facility being without a licensed community residential care facility administrator, the

Department may call in all or part of the $2,500.00 suspended monies and/or may impose an

additional penalty payable to the Department immediately in accordance with Section 103 D.,

25 A. , S.C. Code Regs. 61-84 (Supp. 2000), and the Licensee shall immediately pay to the

Department the assessed penalty.

4. 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 Section 44-7-320 of the South

Carolina Code of Laws ( Supp. 2000).

5. 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.

AND IT IS SO ORDERED.



April 18, 2001

Ralph King Anderson, III Date

Administrative Law Judge



WE CONSENT:





Jerry L. Paul, Director Date

Division of Health Licensing





Josephine Patton, DHEC Attorney Date



Carl Murchland, Regional Director Date

Life Trust America, Inc.





Herbert W. Robertson, Administrator Date

Morningside of Beaufort

































April 3, 2001



Herbert Robertson, Administrator

Morningside of Beaufort

109 Old Salem Road

Beaufort, S.C. 29902

Certified Mail

Return Receipt Requested

Dear Mr. Robertson:

Please find enclosed a proposed Consent Order which will settle the penalty the Department imposed on Morningside of Beaufort by letter dated March 1, 2001. We are requesting that you and Carl Murchland read and review this proposed Order. If you agree with this proposal, you and Mr. Murchland will need to sign and date this Order accordingly and return it in its entirety to the Department within fifteen days of mailing of this letter. We will then seek to obtain the remaining signatures. Once the Administrative Law Judge signs this Order, we will send you a copy in the mail for your files.

Should you have any questions, please call Earl Bleakley or myself at (803) 737-7370.

Sincerely,





Jerry L. Paul, Director

Division of Health Licensing

JLP:EB:db

cc: Josephine Patton, DHEC Attorney

Randy Langston

Joe Randall

Gene Chestnut


Brown Bldg.

 

 

 

 

 

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