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:
SCDHEC vs. Pinewood Care Home, Inc.

AGENCY:
South Carolina Department of Health and Environmental Control

PARTIES:
Petitioner:
South Carolina Department of Health and Environmental Control

Respondent:
Pinewood Care Home, Inc.
 
DOCKET NUMBER:
97-ALJ-07-0074-CC

APPEARANCES:
Alan Samuels, Director
Division of Health Licensing

Nancy S. Layman, Senior Attorney for
Health Facilities Regulations
Attorney for the Petitioner

Dorothy Simpson, Administrator
Pinewood Care Home, Inc.

Larry C. Smith
Attorney for the Respondent
 

ORDERS:

ORDER

FINDINGS OF FACT

1. Pinewood Care Home, Inc. (Licensee) is the holder of a license to operate Pinewood Care Home, Inc. (Pinewood/facility), a community residential care facility located in Eastover, South Carolina. The South Carolina Department of Health and Environmental Control (Department) issued the license to the facility pursuant to S.C. Code Ann. § 44-7-110 et seq. (Supp. 1996).

2. On December 19, 1996, inspectors from the Division of Health Licensing of the Department conducted an interim licensing inspection. On January 16,1 997, the Department conducted a complaint investigation, and on January 15, 1997, the Department conducted an annual fire inspection of the facility. During these inspections/investigations, repeat violations of S.C. Code Ann. Regs. 61-84, "Standards for Licensing Community Residential Care Facilities" were noted.

3. By letter dated January 27, 1997 (Attachment A), the Department notified Dorothy Simpson, Administrator of the facility, of its determination to impose a monetary penalty in the amount of $8,000.00 for repeat violations of R.61-84.

4. By letter dated February 11, 1997 (Attachment B), the facility notified the Department that it was appealing the Department's decision to impose a monetary penalty.

5. Prior to proceeding with the appeal, Pinewood discussed possible alternatives with the Department that proved to be mutually agreeable in resolving this matter.

THEREFORE, IT IS AGREED:

1. The licensee or his designee shall take immediate steps to correct all violations noted in Attachment A and all violations noted by the Department in previous inspections. The licensee will establish procedures to ensure that the violations in Attachment A and similar violations of R.61-84 do not occur in the future.

2. The facility agrees to pay the monetary penalty of $8,000.00 to the Department. The first eleven payments will be for $665.00 each, and the twelfth and final payment will be for $685.00. The first payment is due August 10, 1997. Each remaining payment is due by the tenth of each month.

3. The facility understands that in accordance with S.C. Code Ann. § 44-7-320(D)(Supp. 1996), failure to pay a penalty within thirty days is grounds for suspension, revocation, or denial or a renewal of a license.

4. It is further agreed that future violations or repeat violations of the regulation or applicable licensing statutes may result in the imposition of penalties, which may include revocation of the license to operate the facility, pursuant to § 44-7-320.

5. Nothing in this agreement shall be construed to imply that the Department waives its authority to enforce, by imposing penalties or otherwise, all applicable statutory and regulatory requirements.

AND IT IS SO ORDERED.

____________________________________ June 19, 1997

Marvin F. Kittrell Date

Chief Judge


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