SC Administrative Law Court Decisions

• Pinedale Residential Center of Gaffney, Inc. (Pinedale) is the holder of a license issued by

the South Carolina Department of Health and Environmental Control (Department) for the operation of Pinedale Residential Center of Gaffney. Pinedale has a licensed capacity of 62 (sixty-two) residents.

• On April 16, 2002, the Department conducted a general inspection and a food/sanitation

inspection at Pinedale. As a result of this inspection, the Department notified Pinedale by letter dated August 6, 2002, that it was imposing a $27,000 monetary penalty for violations and repeat violations of 25A S.C. Code Ann. Regs. 61-84, Standards for Licensing Community Residential Care Facilities (Supp. 2001).

• Ginger C. Houchins, Pinedale's Administrator, made a timely request for a contested case

hearing.

• On October 2, 2002, prior to the date of the administrative contested case hearing, Ginger

Houchins met with the Department to discuss the citations and penalties. Ms. Houchins informed the Department that Pinedale has taken immediate action to correct any deficiencies and to ensure that violations do not recur. Ms. Houchins further assured the Department that she is committed to guaranteeing that Pinedale is in full compliance with all applicable regulations. Based on this meeting and subsequent discussion with Ms. Houchins, the parties mutually agreed to the following.

• Pinedale will continue to take action to ensure that violations are not repeated.

• Pinedale will withdraw its contested case pending before the Administrative Law Judge

Division.

• In consideration of the action taken by Pinedale, the Department agrees to suspend

$17,000 of the $27,000 total monetary penalty assessed against Pinedale Residential Center of Gaffney. Pinedale agrees to submit payment of the $10,000 monetary penalty 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. 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, S.C. 29201

• It is understood by Pinedale that S.C. Code Ann. Section 44-7-320 (D)(2002) provides

that the "[f]ailure 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 violation(s) previously cited recur in subsequent inspections by the Department during

the twelve-month period following execution of this Consent 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 25A S.C. Code Ann. Regs. 61-84 Section 302(F) (Supp. 2001).

• The Department in no way waives its authority to enforce all statutory and regulatory

requirements for the licensure of Pinedale Residential Center of Gaffney. 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 Pinedale Residential Center of Gaffney, pursuant to S.C. Code Ann. Section 44-7-320 (2002), and the facility administrator has been informed of these potential actions.

AND IT IS SO ORDERED

November 8, 2002

Ray N. Stevens Date

Administrative Law Judge