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:
Fran’s Residential Care vs. DHEC

AGENCY:
South Carolina Department of Health and Environmental Control

PARTIES:
Petitioner:
Fran’s Residential Care

Respondent:
South Carolina Department of Health and Environmental Control
 
DOCKET NUMBER:
04-ALJ-07-0011-CC

APPEARANCES:
Dennis L. Gibbs, Director
Division of Health Licensing

Nancy S. Layman
Chief Attorney for Health Regulation

Lisa Gainey, Administrator/Licensee
Fran’s Residential Care

Mark Grier, Esquire
 

ORDERS:

CONSENT AGREEMENT AND ORDER

FINDINGS OF FACT



1.Lisa Gainey has been the holder of a license to operate Fran’s Residential

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. (2002). Fran’s

Residential Care , located in Lancaster, South Carolina, has a licensed capacity of 24

(twenty-four ) beds.

2.The Department notified Fran’s Residential Care by letter dated November

20, 2003, that it was imposing a $17,800 monetary penalty for violations and repeat

violations of S.C. Code Ann. Regs. 61-84 (Supp. 2002), Standards for Licensing

Community Residential Care Facilities. The letter advised that this determination

would become final thirty days from the date of the letter unless during such thirty-

(30) day period a written letter of appeal requesting a contested case hearing under

S.C. Code Ann. § 44-7-320(B) (2002) and Rules of Procedure for the Administrative

Law Judge Division was submitted.

3. By letter dated December 18, 2003, the attorney for the Facility submitted a

timely appeal.

4.Prior to proceeding to an administrative hearing, the parties met on

January 7, 2004. As a result of this meeting, the Department requested that the

Facility submit a written proposal to settle this matter.

5.By undated letter received February 9, 2004, Lisa Gainey, Licensee, advised


the Department that the Facility would be closing on March 30, 2004.

6.By letter dated February 9, 2004, the attorney for the Facility advised the

Department of Ms. Gainey’s acceptance of responsibility for the violations and the

corrective action taken by his client to address the violations; he also requested

deferral or reduction of the civil monetary penalty.

7.The attorney for this Facility was advised by e-mail on February 10, 2004 and

during a telephone discussion on February 13, 2004 that closure of the Facility did

not nullify the monetary penalty imposed by the Department. Subsequently, Fran’s

Residential Care and the Department were able to come to a mutual agreement to

resolve this matter.

THEREFORE, IT IS AGREED

1. The Licensee will voluntarily close the Facility no later than March 30, 2004.

2.The Facility will:

a.Provide residents and /or sponsors with a thirty-day written notice regarding closure of this facility;

b.Assist residents, sponsors, family members, etc. with finding an appropriate location to transfer;

c.Provide residents with a refund of personal spending monies and monthly room and board monies, (as appropriate);

d.Provide residents with their medications and personal possessions, (as appropriate);

e.Provide the Department with a listing of residents transferred, their date of transfer, and locations where transferred;

f.Provide the Department with the storing location of resident records for the six years following closure of this facility; and

g.Return the last license issued for the operation of Fran’s Residential Care

as a community residential care facility.

3. The Licensee will withdraw its contested case pending before the

Administrative Law Judge Division.

4.In consideration of the action taken by the facility to voluntarily close, the

Department agrees to suspend $16,020 of the $17,800 total monetary penalty

assessed against Fran’s Residential Care. Therefore, the facility agrees to submit

payment of a $1,780 monetary penalty. Payment of this $1,780 monetary penalty is to

be paid to the Department within 30 (thirty) days of execution of this

Consent Agreement and Order. Payment is to be paid by check or money order made

payable to the S.C. Department of Health and Environmental Control. Payment shall

be sent to 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


5.If Lisa Gainey or her agents are found to be operating an unlicensed community

residential care facility at this location or any other location in South Carolina

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.


6.No additional statements, inducements or promises have been

made by either party in consideration for entering into this Consent Agreement.

7.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 exist as a result of these

violations.

AND IT IS SO ORDERED

2-25-04

Ray N. StevensDate

Administrative Law Judge


Brown Bldg.

 

 

 

 

 

Copyright © 2024 South Carolina Administrative Law Court