ORDERS:
ORDER AND DECISION
This matter comes before me on appeal pursuant to S.C. Code Ann. § 20-7-2760 (Supp. 1995),
from a final agency decision of the State Director of the South Carolina Department of Social
Services ("DSS" or "Department") dated January 2, 1996, to revoke Appellant's group day care
license for violations of S.C. Code Ann. § 20-7-2700(f) and 27 S.C. Code Ann. Regs. 114-516
(1976) on July 19, 1995, and August 23, 1995. Appellant concedes the violations occurred, but
seeks reversal of the license revocation based upon remedial actions taken to correct the
violations and subsequent compliance with the Department's group day care standards. DSS
maintains that the State Director's decision is supported by substantial evidence and that license
revocation is the appropriate sanction in this case. Pursuant to S.C. Code Ann.
§ 1-23-380 (Supp. 1995) and the ALJD Rules of Procedure, an appellate hearing was held before
the Administrative Law Judge Division on May 17, 1996, at which the parties presented oral
arguments in support of their positions.
During oral arguments at the May 17, 1996 hearing, Appellant's counsel admitted lacking
adequate grounds under S.C. Code Ann. § 1-23-380(A)(6) (Supp. 1995) to reverse or modify the
decision of the DSS State Director. Based upon representations of counsel and my review of the
record, I conclude that the DSS final agency decision finding violations of S.C. Code Ann.
§ 20-7-2700 (f) and 27 S.C. Code Ann. Regs. 114-516 (1976) is supported by substantial
evidence. Lark v. Bi-Lo, Inc., 276 S.C. 130, 276 S.E.2d 304 (1981). For such violations, the
sanction of license revocation is authorized by S.C. Code Ann. § 20-7-2760 (Supp. 1995), and
thus is not erroneous, arbitrary, capricious, or characterized by abuse of discretion. S.C. Code
Ann. § 1-23-380(A)(6) (Supp. 1995). For the foregoing reasons, the decision of the State
Director is affirmed.
ORDER
IT IS THEREFORE ORDERED that the group day care license of Linda Woods is revoked.
To facilitate an orderly transfer of children from the group day care to enrollment at other
facilities, the license revocation is effective thirty days from the date of this Order.
_____________________________
STEPHEN P. BATES
ADMINISTRATIVE LAW JUDGE
June 27, 1996
Columbia, South Carolina |
