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:
Williamsburg County Adult Day Care vs. SCDHEC

AGENCY:
South Carolina Department of Health and Environmental Control

PARTIES:
Petitioner:
Williamsburg County Adult Day Care

Respondent:
South Carolina Department of Health and Environmental Control
 
DOCKET NUMBER:
99-ALJ-07-0213-CC

APPEARANCES:
Jerry L. Paul, Director
Health Licensing Section

Nancy Layman
Senior Attorney for Health Regulation

Anthony Bufkin, Administrator/President
Williamsburg County Adult Day Care, Inc.
 

ORDERS:

CONSENT AGREEMENT

STATEMENT OF FACTS



1. Williamsburg County Adult Day Care Center, Inc. has been the holder of a license to operate Williamsburg County Adult Day Care (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 Licensee by letter dated April 7, 1999 (Attachment A) that it was imposing a monetary penalty of $1,000. The letter advised that the imposition of the $1,000 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. 1998).



3. The Licensee submitted a letter of appeal by letter dated April 19, 1999 (Attachment B).



4. On May 6, 1999, representatives of the Facility and representatives of the Department met to discuss this matter. Facility representatives presented information showing that it had a plan in place to prevent the recurrence of similar violations.



THEREFORE, IT IS AGREED



1. In consideration of the Facility's actions to prevent a recurrence of similar violations, the Department agrees to suspend $700 of the $1,000 monetary penalty assessed against Williamsburg County Adult Day Care. Therefore, the penalty amount due and payable to the

Williamsburg County Adult Day Care Consent Agreement

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Department within ten days of receipt of a fully executed copy of this Consent Agreement is

$300. Payment of this amount in full must be by check or money order made payable to the S.C.

Department of Health and Environmental Control. Payment must be sent to the following

address:





Health Licensing Section

S.C. Department of Health and Environmental Control

2600 Bull Street

Columbia, S.C. 29201



Attention: Earl Bleakley



2. 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."



3. 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 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 immediately in accordance with S.C. Code Regs. 61-75 § 103.D (Supp. 1998), and the Licensee shall immediately pay to the Department the assessed penalty.



4. The Licensee, or its designee, shall take immediate steps to correct all violations noted in Attachment A. The Licensee will establish procedures to ensure that violations in Attachment A and similar violations of R. 61-75, Standards for Licensing Day Care Facilities for Adults, do not occur in the future.



5. It is further agreed that future violations or repeat violations or applicable licensing statutes may result in the imposition of penalties or revocation of the license to operate Williamsburg County Adult Day Care, pursuant to S.C. Code Ann. § 44-7-320 (Supp. 1998) and

the facility administrator has been informed of these potential actions.

















Williamsburg County Adult Day Care

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AND IT IS SO ORDERED



APPROVED:







6/22/99

Administrative Law Judge Date


Brown Bldg.

 

 

 

 

 

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