ORDERS:
CONSENT ORDER
STATEMENT OF FACTS
1. The Camellia House, Inc. has been the holder of a license to operate The Camellia House,
Inc. (Facility) issued by the South Carolina Department of Health and Environmental
Control (Department) pursuant to S.C. Code Ann. § 44-7-110 et seq. (Supp. 1998)
2. The Department notified the facility by letter dated October 23, 1998 (Attachment A) that
it was imposing a monetary penalty of $ 7,900.00 for violations and repeat violations of
R. 61-84, Standards for Licensing Community Residential Care Facilities. The letter
advised that this determination to impose a $7,900.00 monetary penalty would become
final thirty days from the mailing of the letter unless the Licensee filed an appeal in
accordance with S.C. Code Ann. § 44-7-320 (B) (supp. 1997).
3. The facility by letter dated November 25, 1998 (Attachment B) notified the Department
that it was requesting an appeal of the Department's decision to impose a monetary
penalty of $ 7,900.00.
4. A representative of the facility met with representatives of the Department on February 9,
1999 to determine if a mutual agreement could be reached.
5. By letter dated February 16, 1999, the facility representative proposed to pay to the
Department a reduced penalty amount.
The Camellia House, Inc.
Consent Order
Page Two
THEREFORE, IT IS AGREED
1. he Licensee will initiate action to ensure that all violations as noted in the Department's
letter to the facility (Attachment A) will not be repeated.
2. In consideration of the remedial action that the facility representative indicates has been
taken by the facility, the Department agrees to suspend $ 5, 900.00 of the $7,900.00
monetary penalty assessed against The Camellia House, Inc. Therefore, the penalty
amount due and payable to the Department within ten days of receipt of an executed copy
of this Consent Order is $2,000.00.
3. It is understood by the Licensee that S.C. Code Ann. § 44-7-320 (D) (Supp. 1998) 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."
4. If repeat violation(s) of those sections noted in Attachment A are noted during 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 immediately in accordance with Section 103 D., S.C. Code Regs. 61-84
(Supp. 1998), and the Licensee shall immediately pay to the Department the assessed
penalty.
5. The Department in no waives its authority to enforce, by imposing penalties or otherwise
all statutory and regulatory requirements for the licensure of The Camellia House, Inc.
6. The Licensee, or their 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 violations in Attachment A and similar
violations of R 61-84, Standards for Licensing Community Residential Care Facilities ,
do not occur in the future.
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 The Camellia House, Inc., pursuant to S.C. Code Ann.§44-7-320
(Supp. 1998) and the facility administrator has been informed of these potential actions.
The Camellia House, Inc.
Consent Order
Page Three
AND IT IS SO ORDERED
APPROVED:
February 24, 1999
Ray N. Stevens Date
Administrative Law Judge |
