ORDERS:
CONSENT ORDER AND AGREEMENT
FINDINGS OF FACT
1. This matter is before the South Carolina Administrative Law Judge Division (Division) pursuant to an untimely appeal
by Jolly Rest More, Inc. of the South Carolina Department of Health and Environmental Control (Department)'s revocation
of Jolly Rest More, Inc.'s license due to non-payment of civil monetary penalties.
2. The Petitioner's appeal was originally before the Administrative Law Judge Division in 1999 in response to the
Department's imposition of a $5,700.00 civil monetary penalty and suspension of Petitioner's license to operate Jolly Rest
More Adult Residential Care Homes #1 and #2, community residential care homes (CRCFs), both of which are in
Orangeburg, South Carolina, owned and operated by Licensee Lynn Smith.
3. After a hearing on the merits, the ALJD upheld the Department's penalty and suspension. Petitioner did not appeal this
ruling. When the Petitioner failed to pay the civil monetary penalty, the Department, in accordance with its authority under
S.C. Code Ann. Sections 44-7-110 to -370 (2002) (The State Certification of Need and Health Facility Licensure Act),
revoked Petitioner's license to operate both facilities.
4. Petitioner appealed the imposition of the civil monetary penalty on January 24, 2000. The Administrative Law Judge
Division dismissed Petitioner's appeal with prejudice, finding it was untimely.
5. On August 31, 2000, the Department's Board affirmed the ALJD Order of Dismissal. On September 26, 2000, Petitioner
filed a Motion for Stay in circuit court. On February 2, 2001, the circuit court granted the stay and remanded the case back
to the ALJD for further evidentiary proceedings. The case has been pending since that time.
6. Jolly Rest More, Inc. has now paid the Department $2,500.00 for the penalty involving Jolly Rest More #1, $3,200.00 for
the penalty for Jolly Rest More #2, and a $750.00 monetary penalty. The parties have therefore resolved all outstanding
issues and wish to bring litigation of this matter to a close by entering into the following agreement.THEREFORE, IT IS AGREED:
1. That the Petitioner shall henceforth comply with all applicable statutes and regulation enacted by the State of South
Carolina.
2. That the Department shall reinspect Jolly Rest More #1 by May 17, 2002, and if the facility is in substantial compliance
on that date, it will reissue its license.
3. That Lynn Smith shall immediately request that the Administrative Law Judge Division dismiss her appeal that is
currently pending before the Division, Docket No. 99-ALJ-07-0550-CC.
AND IT IS SO ORDERED.
May 31, 2002
Columbia, South Carolina
___________________________
Ralph King Anderson, III
Administrative Law Judge |
