ORDERS:
CONSENT ORDER
STATEMENT OF FACTS
1. Christine W. Brown and Helen T. Givens have been the holders of a license to operate
Christine's Love (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 December 15, 1998 (Attachment
A) that it was imposing a $13,300.00 monetary penalty against Christine's Love for repeat
violations of R.61-84 (Supp. 1998), Standards for Licensing Community Residential Care
Facilities. The letter advised that this determination to impose a $13, 300.00 monetary penalty
would become final thirty days from the mailing of the letter unless the Licensee filed an appeal
pursuant to S.C. Code Ann.§ 44-7-320 (B) (Supp. 1998).
3. The Department notified the Licensee by letter dated December 17, 1998 (Attachment
B) that it was including a corrected page three of the summary of violations (this summary of
violations was sent to the Licensee along with the Department's December 15, 1998 letter
[Attachment A]).
4. No appeal of the Department's decision to impose the $13,300.00 monetary
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Christine's Love
Page Two
penalty was received by the Department.
5. On March 8, 1999, representatives of the Department met with representatives of
Christine's Love to determine if a mutual agreement could be reached to resolve the
Department's imposition of a $13,300.00 monetary penalty. No agreement was reached at this
time. By letter dated March 15, 1999 (Attachment C), the Department notified the Licensee of its
proposal to settle this matter. This letter also notified the Licensee that its counter-proposal was
not acceptable to the Department.
6. By letter dated April 19, 1999 (Attachment D), the Department notified the Licensee
that it had determined it appropriate to revoke the license of Christine's Love due to the Facility
failure to submit payment of the $13,300.00 monetary penalty within thirty days. This letter
advised that this determination to revoke the license 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).
7. By letter dated May 3, 1999 (Attachment E), the Facility submitted a timely appeal of
the Department's decision to revoke the license of Christine's Love.
8. On June 8, 1999, a Licensee for Christine's Love contacted the Department and made
a settlement proposal that the Facility pay the Department a $3,000.00 monetary penalty. The
Department accepted this proposal.
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THEREFORE, IT IS AGREED:
1. The Licensee will initiate action to ensure that violations as noted in Attachment A
will not be repeated.
2. In consideration of the action taken by the Licensee to prevent a recurrence of these
violations, the Department agrees to suspend $10, 300.00 of the $13,300.00 monetary penalty
assessed against Christine's Love. Therefore, the penalty amount due and payable to the
Department within ten days of execution of this Consent Order is $3,000.00.
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 way waives its authority to enforce, by imposing penalties or
otherwise, all statutory and regulatory requirements for the licensure of Christine's Love.
6. It is further agreed that future violations or repeat violations of the regulations or
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Page Four
applicable licensing statutes may result in the imposition of penalties or revocation of the license
to operate Christine's Love, pursuant to S.C. Code Ann.§44-7-320 (Supp. 1998) and the facility
administrator has been informed of these potential actions.
AND IT IS SO ORDERED.
Date: June 22, 1999
Ray N. Stevens |
