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
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