South Carolina              
Administrative Law Court
Edgar A. Brown building 1205 Pendleton St., Suite 224 Columbia, SC 29201 Voice: (803) 734-0550

SC Administrative Law Court Decisions

CAPTION:
Sunset of Lexington vs. SCDHEC

AGENCY:
South Carolina Department of Health and Environmental Control

PARTIES:
Petitioner:
Sunset of Lexington

Respondent:
South Carolina Department of Health and Environmental Control
 
DOCKET NUMBER:
02-ALJ-07-0275-CC

APPEARANCES:
Dennis L. Gibbs, Director
Division of Health Licensing

Nancy S. Layman
Chief Attorney for Health Regulation

Godlieve S. Arjoon, Administrator/Licensee
Sunset of Lexington

Frederick I. Hall, III, Attorney for
Sunset of Lexington
 

ORDERS:

CONSENT AGREEMENT AND ORDER

FINDINGS OF FACT



1. Godlieve S. Arjoon has been the holder of a license to operate Sunset of



Lexington (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). Sunset of Lexington, located in Lexington, South Carolina, has a licensed capacity of 19 (nineteen) residents.

2. The Department notified Sunset of Lexington by letter dated June 11, 2002, that



It was imposing an $11,900 monetary penalty for violations of 25



S.C. Code Ann. Regs. 61-84 (Supp. 2001), Standards for Licensing Community



Residential Care Facilities, which violations included among other things, a number of building deficiencies pertaining to cracks in the walls and stained ceilings. 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 was submitted requesting a contested case hearing under S.C. Code Ann.



§ 44-7-320(B) (2002) and Rules of Procedure for the Administrative Law Judge Division.



3. By letter dated July 10, 2002, Frederick I. Hall, III, Attorney, submitted a timely



appeal on behalf of Sunset of Lexington.



4. Prior to proceeding to an administrative hearing, the parties met on August



5, 2002. Sunset of Lexington advised that the violations had been corrected and that



actions had been initiated to ensure that these violations would not be repeated.



Subsequently, Sunset of Lexington 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 $5,900 of the $11,900 total monetary penalty assessed against Sunset

of Lexington. Therefore, the facility agrees to submit payment of a $6,000 monetary

penalty as follows: $3,000 upon complete execution of this Consent Agreement and



Order and the balance within thirty (30) days after the filing of the Consent Agreement



and Order with the Administrative Law Judge Division. Payment is to be by check or



money order made payable to the S.C. Department of Health and Environmental Control.



Payment of these monies is to 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)(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."

5. The Department in no way waives its authority to enforce, by imposing penalties



or otherwise, all statutory and regulatory requirements for the licensure of Sunset of



Lexington.



6. The Department will continue to monitor Sunset of Lexington at any time without



prior notice pursuant to 25 S.C. Code Ann. Regs. 61-84 § 202.B (Supp. 2001).



7. 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 Sunset of Lexington, pursuant to S.C. Code Ann. § 44-7-320 (2002), and the facility administrator has been informed of these potential actions.

AND IT IS SO ORDERED





9/19/02

Ray N. Stevens Date

Administrative Law Judge


Brown Bldg.

 

 

 

 

 

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