ORDERS:
CONSENT AGREEMENT AND ORDER
FINDINGS OF FACT
1. Residents West, Inc. has been the holder of a license to operate Rapha Residential
Care (Facility) issued by the South Carolina Department of Health and Environmental
Control (Department) pursuant to S.C. Code Ann. §44-7-110 et seq. (2002). Rapha
Residential Care, located in Gaston, South Carolina, has a licensed capacity of 92
(ninety-two) residents.
2. The Department notified Rapha Residential Care by letter dated May 23, 2002,
that it was imposing a $40, 600 monetary penalty for violations and repeat violations of
S.C. Code Ann. Regs. 61-84, Standards for Licensing Community Residential Care
Facilities (Supp. 2001). The letter advised that this determination would become final
thirty days from the date of this letter unless during such thirty (30) day period a written
letter of appeal requesting a contested case hearing under S.C. Code Ann. Section 44-7-
320(B)(2002) and Rules of Procedure for the Administrative Law Judge Division was
submitted.
3. By letter dated June 7, 2002, Teresa A. Arnold, Attorney, submitted a timely
appeal on behalf of Rapha Residential Care.
4. Prior to proceeding to an administrative hearing, the parties met on July
12, 2002. Rapha Residential Care advised that it not only had corrected the violations,
it had also initiated action to ensure that these violations were not repeated.
Subsequently, Rapha Residential Care and the Department were able to come to a mutual
agreement to resolve this matter.
THEREFORE, IT IS AGREED
1. The Licensee will initiate action to ensure that all violations are not repeated.
2. The Licensee will withdraw its contested case pending before the Administrative
Law Judge Division.
3. In consideration of the remedial action taken by the facility, the Department
agrees to suspend $34,600 of the $40,600 total monetary penalty assessed against Rapha
Residential Care. Therefore, the facility agrees to submit payment of a $6,000 monetary
penalty. Payment of this $6,000 monetary penalty is to be paid with the facility's
submission of two payments of $3,000. The first payment of $3,000 is due and payable to
the Department within 30 (thirty) days of execution of this Consent Agreement and
Order. The remaining $3,000 of the $6,000 penalty is to be paid to the Department within
60 (sixty) days of the first payment. Payment is to be by check or money order made
payable to the S.C. Department of Health and Environmental Control. These payments
shall 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. Section 44-7-320 (D) (2002)
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."
Penalties in this case are due according to the payment schedule set out in paragraph 3,
above.
5. If violation(s) previously cited recur in subsequent inspections by the Department
during the twelve-month period following execution of this Consent Agreement, the
Department may require payment of all or part of the suspended portion of the assessed
penalty and/or may impose an additional penalty payable to the Department pursuant to
Section 302 F., S.C. Code Ann. Regs. 61-84 (Supp. 2001), and the Licensee shall
immediately pay to the Department the assessed penalty.
6. The Department agrees to provide the facility with a consultation within sixty
days of the date of execution of this Consent Agreement and Order. The Department will
evaluate any additional request(s) from the facility for Department staff to provide
additional consultations.
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 Rapha
Residential Care.
8. It is further agreed that future violations or repeat violations of the regulations
or applicable licensing statutes may result in the imposition of penalties or revocation of
the license to operate Rapha Residential Care, pursuant to S.C. Code Ann. Section 44-7-
320 (2002), and the facility administrator has been informed of these potential actions.
The facility may appeal future violations as provided for in section 44-7-320(B).
AND IT IS SO ORDERED
August 27, 2002
C. Dukes Scott Date
Administrative Law Judge |
