ORDERS:
CONSENT AGREEMENT AND ORDER
STATEMENT OF THE FACTS
1. On January 11, 2001, representatives of the Department Division of Health
Licensing visited Homeplace of Spartanburg to conduct an investigation and follow-up inspection. During
this investigation, violations and repeat violations of 25A S.C. Reg. 61-84 (Supp. 2000) (R.61-84), Standards
for Licensing Community Residential Care Facilities, were cited. The violations and repeat violations of R.
61-84 noted during the January 11, 2001 visit are summarized on Attachment A, which is incorporated herein
by reference as though fully set forth herein. The Department notified Petitioner by letter dated March 19,
2001 of its decision to impose the monetary penalty. An appeal followed Petitioner's receipt of that letter.
2. After careful review of the violations set forth on Attachment A, the Department determined it appropriate
to impose a monetary penalty of three thousand six hundred ($3,600.00) 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 summary reflects that the Department used its discretion to impose the monetary penalty. The
Department=s decision to impose the monetary was also based upon Regulation 61-84 ' 103, which states:
As provided in Section 44-7-320 of the Code, the Department may deny, suspend, or revoke licenses or
assess a monetary penalty for violations of provisions of law or departmental regulations. The Department
shall exercise discretion in arriving at its decision to take any of these actions.
4. Petitioner, in its appeal, challenged the imposition of penalties for several of the noted violations. The
Department, however, disagreed with Petitioner=s challenge. The parties thereafter entered into negotiations
to resolve the dispute without further proceedings to litigate the matter. The Petitioner provided the
Department additional information regarding some of the noted violations, including corrective action taken
by the facility. The Department agreed to reduce the penalty amount based upon its review of such
information.
THEREFORE, IT IS AGREED
1. The parties have reached an agreement to amenably resolve this matter. The Department agrees to
suspend $1,100 of the assessed penalty and the Petitioner agrees to pay to the Department the sum of Two
Thousand Five Hundred and no/100 Dollars ($2,500.00) within fifteen (15) 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
AFailure 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. The Petitioner, or its designee, affirmatively asserts that it has corrected all violations noted in
Attachment A. Further, the Petitioner affirmatively asserts that it has established and will maintain such
procedures so as 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.
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 Homeplace of
Spartanburg.
AND IT IS SO ORDERED.
APPROVED:
August 13, 2001
Administrative Law Judge Date |
