ORDERS:
CONSENT AGREEMENT AND ORDER
FINDINGS OF FACT
- Sandy Burgess has been the holder of a license to operate Burgess 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). Burgess Residential Care, located in Florence, South Carolina, has a licensed capacity of nine beds.
- The Department notified Burgess Residential Care by letter dated August 6, 2002, that it was imposing a $27,500
monetary penalty for violations and repeat violations of 25A S.C. Code Ann. Regs. 61-84 (Supp. 2001), Standards for
Licensing Community Residential Care Facilities. The letter advised that this determination would become final thirty
days from the date of this letter unless during such thirty day period a written letter of appeal requesting a contested case
hearing under S.C. Code Ann. Section 44-7-320(B0 (2002) and Rules of Procedure for the Administrative Law Judge
Division was submitted.
- By letter dated August 19, 2002, Sandy Burgess submitted a timely appeal on behalf of Burgess Residential Care.
- Prior to proceeding to an administrative hearing, the parties met on October 3, 2002. Burgess Residential Care advised
that the facility now has a licensed administrator and that Sandy Burgess is attempting to obtain her license as a
community residential care facility administrator in order to prevent this situation from being repeated in the future.
THEREFORE, IT IS AGREED
- The Licensee will initiate action to ensure that all violations are not repeated.
- The Licensee will withdraw its contested case pending before the Administrative Law Judge Division.
- In consideration of the remedial action taken by the facility, the Department agrees to suspend $17,500 of the $27,500
total monetary penalty assessed against Burgess Residential Care. Therefore, the facility agrees to submit payment of a
$10,000 monetary penalty to the Department. The first payment of $5,000 is due payable within thirty days of execution
of this Consent Agreement and Order. The second payment of $5,000 is due within thirty 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 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, SC 29201
- 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."
- If violations previously cited recur in subsequent inspections by the Department during the twelve-month period
following execution of this Consent Agreement and Order, 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.
- The Licensee agrees to post a copy of this Consent Agreement and Order in a conspicuous location within the facility so
that residents and visitors may see it.
- The Department in no way waives its authority to enforce, by imposing penalties or otherwise, all statutory and
regulatory requirements for the licensure of Burgess Residential Care.
- 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 Burgess Residential Care, pursuant to S.C. Code
Ann. Section 44-7-320(D) (Supp. 2002), and the facility administrator has been informed of these potential actions.
AND IT IS SO ORDERED
_____________________ December 16, 2002
Marvin F. Kittrell
Chief Administrative Law Judge |
