ORDERS:
CONSENT ORDER AND AGREEMENT
FINDINGS OF FACT
1. Lynn P. Smith has been the holder of a license to operate Jolly Rest More
Adult Residential Care Facility # 2 (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. 2001).
2. The Department notified Jolly Rest More Adult Residential Care Facility # 2 by
letter dated October 4, 2001 that it was imposing a $9,400 monetary penalty for
operating without a licensed community residential care facility administrator from
June 23, 2001 to September 24, 2001. This letter advised that this determination would
become final thirty days from the mailing of the letter unless the facility filed an appeal
in accordance with S.C. Code Ann. § 44-7-320 (B) (Supp. 2001).
3. The facility obtained the services of a provisionally licensed community
residential care facility administrator on September 25, 2001.
4. By letter dated October 22, 2001, the facility filed an appeal with the
Department's Clerk of the Board.
5. A contested case hearing was scheduled at the Administrative Law Judge Division (ALJD) for January 17, 2002. Both
parties received notice of the date and time of the hearing. The Petitioner did not attend the hearing; however, the
Petitioner and Respondent communicated by telephone during the hearing. The parties decided at that time to memorialize
the terms and conditions to which they had agreed orally in a written Consent Order and Agreement. This document is a
result of the discussion of those terms.
THEREFORE, IT IS AGREED
1. The Licensee will withdraw its appeal pending before the Administrative Law
Judge Division.
2. In consideration of the remedial action taken by the facility to secure the services
of a licensed community residential care facility administrator, the Department agrees to
suspend $8,400 of the $9,400 total monetary penalty assessed against the Facility.
3. The Facility agrees to submit payment of the $1,000 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. Payment must be 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
4. It is understood by the Licensee that S.C. Code Ann. § 44-7-320 (D)
(Supp. 2001) 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."
5. The Licensee agrees to post a copy of this Consent Agreement in a conspicuous
location within the facility so that residents and visitors may see this agreement.
6. The Licensee agrees that if the Facility is without a licensed community
residential care facility administrator for a period of thirty consecutive days, it must cease
operations as a community residential care facility. It must then contact family members
and placement agencies and initiate action to immediately and appropriately transfer
residents. The Licensee further agrees that it will notify the Department in writing any
time it is without an administrator, and, should it have to cease operations, it will notify
the Department in writing of the transfer location of each of its residents and the storage
location of its records and return its license to the Department. Furthermore, it will
notify the Department that it has given residents their personal possessions, including
medications, as appropriate, and any reimbursements due to residents for care not
rendered.
7. The Department in no way waives its authority to enforce, by imposing penalties
or otherwise, all statutory and regulatory requirements for the licensure of Jolly Rest
More Adult Residential Care Facility # 2.
8. It is further agreed that future violations or repeat violations of 25A S.C. Code
Ann. Regs. 61-84 (Supp. 2001) or applicable licensing statutes may result in the Department requiring payment of all or
part of the suspended portion of the assessed penalty and/or the imposition of additional penalties or revocation of the
license to operate Jolly Rest More Adult Residential Care Facility # 2, pursuant to S.C. Code Ann. § 44-7-320 (Supp.
2001), and the facility administrator has been informed of these potential actions.
AND IT IS SO ORDERED
s/John D. Geathers 2-20-02
John D. Geathers Date
Administrative Law Judge |
