ORDERS:
CONSENT AGREEMENT AND ORDER
FINDINGS OF FACT
1. Southern Assisted Living, Inc. has been the holder of a license to operate
Carolina House of Florence (Facility) by the South Carolina Department of Health
and Environmental Control (Department) pursuant to S.C. Code Ann. § 44-7-110 et seq.
(2002). Carolina House of Florence, located in Florence, South Carolina, has a licensed
capacity of 68 (sixty-eight) beds.
2. The Department notified Carolina House of Florence by letter dated July 31,
2002, that it was imposing a $ 9,600 monetary penalty for violations and repeat
violations of S.C. Code Ann. Reg. 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 a letter of appeal 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 was submitted.
3. By letter dated August 27, 2002, Elizabeth Ham, Administrator, Carolina House
of Florence, submitted a timely appeal.
4. Prior to proceeding to an administrative hearing, the parties met on October 3,
2002. Carolina House of Florence advised that it had corrected the violations and had
initiated action to prevent these violations from being repeated. Subsequently, Carolina
House of Florence and the Department were able to come to the following mutual
agreement to resolve this matter.
THEREFORE, IT IS AGREED.
1. The Licensee will initiate action to ensure that 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 $1,600 of the $9,600 total monetary penalty assessed against Carolina
House of Florence. Therefore, the facility agrees to submit payment of a $8,000 monetary
penalty within thirty days of execution of this Consent Agreement and Order. Payment is
to be by check or money order made payable to the S.C. Department of Health and
Environmental Control. These monies 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. 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."
5. If previously cited violation(s) 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. Reg. 61-84 (Supp.2001), and the Licensee shall
immediately pay the Department the assessed penalty.
6. The Department in no way waives its authority to enforce, by imposing penalties
or otherwise, all statutory and regulatory requirements for the licensure of Carolina
House of Florence.
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 Carolina House of Florence, pursuant to S.C. Code Ann. Section
44-7-320 (2002).
AND IT IS SO ORDERED.
12-16-2002
Ray N. Stevens Date
Administrative Law Judge |
