ORDERS:
CONSENT AGREEMENT AND ORDER
FINDINGS OF FACT
1.Joyce T. Robinson is and has been the holder of a license to operate Traditions Elder
Day Center (Traditions) issued by the South Carolina Department of Health and
Environmental Control (Department) pursuant to S.C. Code Ann. Section 44-7-110 et
seq. (2002). Traditions has a licensed capacity of thirty adults.
2.On April 29, 2003, a representative of the Division of Health Licensing attempted to
conduct an inspection. The inspector was not able to gain access to the facility and
two inspectors subsequently went to the facility on April 30, 2003. On that date, they
were admitted to the facility and conducted an inspection. During the inspection, the
inspectors observed and cited violations of 25 S.C. Code Ann. Regs. 61-75, Standards
for Licensing Day Care Facilities for Adults.
3.The Department notified Traditions by letter dated May 23, 2003, that it was
imposing a $6,400 monetary penalty for violations Regulation 61-75. The letter stated
this determination would become final thirty days from the date of the letter unless
the facility request a contested case hearing in accordance with S.C. Code Ann.
Section 44-7-320(B)(2002) and the Rules of Procedure for the Administrative Law
Judge Division.
4.The facility submitted a timely request for a contested case hearing.
5.Prior to proceeding to the hearing, the parties met on September 22, 2003. At this
meeting, Traditions advised that all violations had been corrected and it had taken
action to ensure that violations would not recur and that the facility is in substantial
compliance with all applicable regulations. The parties were subsequently able to
reach the following agreement to resolve this action.
IT IS AGREED
1.The Licensee has taken, and will continue to take, action to ensure that violations do
not recur.
2.The Licensee will withdraw its request for a contested case hearing before the
Administrative Law Judge Division.
3.In consideration of the remedial action taken by the facility, the Department agrees to
suspend $2,800 of the $6,400 total monetary penalty assessed against Traditions.
4.Traditions agrees to submit payment of a $3,600 monetary penalty to the Department.
Payment of this $3,600 monetary penalty may be paid in two payments of $1,800.
The first payment is due no later than thirty (30) days from the execution of this
Consent Agreement and Order. The remaining $1,800 of the $3,600 penalty is due no
later than sixty (60) days from the execution of this Consent Agreement and Order.
5.Payment is to be by check or money order made payable to the S.C. Department of
Health and Environmental Control at the following address:
Attention: Earl Bleakley
Division of Health Licensing
S.C. Department of Health and Environmental Control
2600 Bull Street
Columbia, S.C. 29201
It is understood by the Licensee that the “[f]ailure to pay a penalty within thirty days is grounds
for suspension, revocation, or denial or 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.” S.C. Code Ann. § 44-7-320(D) (2002).
6.If a previously cited violation is cited in subsequent inspections by the Department
during the twelve-month period following execution of this Consent Agreement and
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 pursuant to Section A(3)(f), S.C. Code Ann. Regs. 61-75 (Supp.2002).
7.By entering into this Agreement, the Department in no way waives its authority to
enforce, by penalty or other action, the statutory and regulatory requirements for the
licensure of Traditions Elder Day Care Center.
8.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 Traditions Elder Day Care Center, pursuant to S.C. Code Ann.
Section 44-7-320 (2002), and the facility administrator has been informed of these
potential actions.
9.No additional statements, inducements, or promises have been made by either party
in consideration for entering into this consent agreement.
10.The Licensee understands that this Consent Agreement governs only the above
penalty action and does not affect or purport to affect any other liability, whether
civil, criminal, regulatory, or other that may also exist as a result of these violations.
AND IT IS SO ORDERED.
October 21, 2003
Ralph King Anderson, III Date
Administrative Law Judge |
