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:
Laila Bey vs. SCDHEC

AGENCY:
South Carolina Department of Health and Environmental Control

PARTIES:
Petitioner:
Laila Bey

Respondent:
South Carolina Department of Health and Environmental Control
 
DOCKET NUMBER:
99-ALJ-07-0388-CC

APPEARANCES:
Jerry L. Paul, Director
Health Licensing Section

Nancy S. Layman
Senior Attorney for Health Regulation

Laila Bey

Jeffrey S. Weathers, Esquire
 

ORDERS:

CONSENT ORDER

STATEMENT OF FACTS



1. Laila Bey operates a business located at 157 Frazier Hill Road, Moncks Corner, South Carolina.

2. On April 21, 1999, a South Carolina Department of Health and Environmental Control (Department) representative visited 157 Frazier Hill Road, Moncks Corner, South Carolina, to conduct a complaint investigation. The complaint alleged that this location was being operated as an unlicensed community residential care facility. After interviewing a resident, touring the facility, and talking with Laila Bey, the representative determined that 157 Frazier Hill Road, Moncks Corner, South Carolina, was being operated as an unlicensed residential care facility. The facility was directed to immediately cease operations and to provide personal assistance to no more than one individual pursuant to S.C. Code Ann. § 44-7-260(A)(6) (Supp. 1998).

3. By letter dated July 20, 1999, the Department notified Laila Bey that it was imposing a $5,000.00 monetary penalty for her operation of an unlicensed community residential care facility.

4. By telephone calls between representatives of Laila Bey and the Department, this matter was mutually resolved. In addition, Laila Bey provided physician statements that the residents now residing at 157 Frazier Hill Road, Moncks Corner, South Carolina, do not require personal assistance as provided in a community residential care facility.

THEREFORE IT IS AGREED

1. Laila Bey will not operate an unlicensed community residential care facility at 157 Frazier Hill Road, Moncks Corner, South Carolina, or anywhere else in the state of South Carolina.

2. In consideration of the above, the Department agrees that it will suspend $4,000.00 of the $5,000.00 monetary penalty. Therefore, Laila Bey agrees to submit payment of a $1,000.00 monetary penalty to the Department within fifteen (15) days of receipt of an executed copy of this Consent Order or by December 8, 1999, whichever occurs latest. Payment must be made by check or money order made payable to the S.C. Department of Health and Environmental Control and sent to the following address:



Attention: Earl Bleakley

Health Licensing Section

S.C. Department of Health and Environmental Control

2600 Bull Street

Columbia, South Carolina 29201



3. If the Department finds through inspection that Laila Bey has operated an unlicensed community residential care facility during the twelve months following execution of this Consent Order, the Department may require payment of all or part of the suspended portion of the assessed penalty to the Department immediately in accordance with Section 103D, 25 S.C. Code Regs. 61-84 (Supp. 1998), and Laila Bey shall immediately pay to the Department the assessed penalty.

4. By consenting to this agreement, Ms. Bey waives no right to seek administrative and/or judicial review of any future findings of violation by the Department.

AND IT IS SO ORDERED.



December 9, 1999

Columbia, South Carolina



______________________________

Ralph King Anderson, III

Administrative Law Judge


Brown Bldg.

 

 

 

 

 

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