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 |