ORDERS:
CONSENT AGREEMENT AND ORDER
STATEMENT OF THE FACTS
- On February 2, 2001, a representative of the Department's Division of Health
Licensing visited The Willows at York to conduct a complaint investigation. During this investigation,
violations and repeat violations of S.C. Reg. 61-84, Standards for Licensing Community Residential Care
Facilities, were cited. A Summary of the violations and repeat violations, as shown on Attachment A, which
are incorporated herein by reference.
2. After careful review, the Department determined in appropriate to impose a monetary
penalty of five thousand four hundred ($5,400.00) dollars on the facility. This penalty was in accordance
with S.C. Code § 44-7-320 (C) which states:
The penalty imposed by the department for violation of this article or its regulations must be not less than one
hundred nor more than five thousand dollars for each violation of any of the provisions of this article. Each
day's violation is considered a subsequent offense.
3. The Department notified Petitioner by letter dated March 5, 2001 of its decision to
impose the monetary penalty. An appeal followed Petitioner's receipt of that letter.
4. The summary reflects that the Department used its discretion to impose the monetary penalty.
5. Petitioner, in responding to the noted violations, outlined measures to mitigate and
prevent future violations. Specifically, Petitioner has submitted to the Department documentation that those
measures outlined in its response have been implemented and are incorporation into its policy and
procedures.
THEREFORE, IT IS AGREED
1. In consideration of the above and in an effort to amenably resolve this matter without further
proceeding, the Department agrees to suspend $1,400 of the assessed penalty and the Petitioner agrees to pay
to the Department the sum of $3,000 within ten days of receipt of this
executed Consent Order.
2. It is understood by the Petitioner that Section 44-7-320 (D) of the S.C. Code of Laws states that
"Failure to pay a penalty within thirty days is grounds for suspension, revocation, or denial of a renewal of a
license. No license may be issued, reissued, or renewed until all penalties
finally assessed against a person or facility have been paid."
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 penalty. Additionally, if repeat violations of those
sections noted in Attachment A 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 a penalty in accordance with Section 103
D., R 61-84, and the Petitioner shall immediately pay to the Department the assessed penalty.
4. The Department in no way waives its authority to enforce, by imposing penalties or
otherwise, all statutory and regulatory requirements applicable to the licensure of the Willows at
York.
5. The Petitioner, or its designee, shall take immediate steps to correct all violations noted in
Attachment A and all violations noted by the Department in previous inspections. The Petitioner will
establish and maintain procedures to ensure that violations in Attachment A and similar violations of R 61-84, Standards for Licensing Community Residential Care Facilities, do not occur in the future.
AND IT IS SO ORDERED.
July 23, 2001
Ray N. Stevens Date
Administrative Law Judge |
