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:
Beasley's Care vs. DHEC

AGENCY:

PARTIES:
Petitioner:
Beasley's Care

Respondent:
South Carolina Department of Health and Environmental Control
 
DOCKET NUMBER:
02-ALJ-07-0375-CC

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

Nancy S. Layman
Chief Attorney for Health Regulation

Robert Elisha Shortt, CEO
Beasley's Care, Inc.

Robert B. Shortt, Administrator
Beasley's Care

Thomas J. Thompson, Attorney for Beasley's Care
 

ORDERS:

CONSENT AGREEMENT AND ORDER

FINDINGS OF FACT

1. Beasley's Home for the Aged, Inc. has been the holder of a license to operate Beasley's 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). Beasley's Care, located in Laurens, South Carolina, has a licensed capacity of forty-four (44) residents.

2. The Department notified Beasley's Care by letter dated July 26, 2002, that it was imposing a $39,800 monetary penalty for violations and repeat violations of 25A S.C. Code Ann. Regs. 61-84, Standards for Licensing Community Residential Care Facilities (Supp. 2001). 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 was submitted requesting a contested case hearing under S.C. Code Ann. Section 44-7-320 (B) (2002) and Rules of Procedure for the Administrative Law Judge Division.

3. By letter dated August 23, 2002, Thomas J. Thompson, Attorney, submitted an Appeal on behalf of Beasley's Care.

4. Prior to proceeding to an administrative hearing, the parties met on September 26, 2002. Beasley's Care advised that it had corrected the violations and initiated action to ensure that these violations were not repeated. Subsequently, Beasley's Care and the Department were able to come to a mutual agreement to resolve this matter.


THEREFORE, IT IS AGREED


1. The Licensee will initiate action to ensure that all violations are not repeated.

2. The Licensee will withdraw its contested case pending before the Administrative Law Judge Division.

3. In consideration of the remedial action taken by the facility, the Department agrees to suspend $27,300 of the $39,800 total monetary penalty assessed against Beasley's Care. Therefore, the facility agrees to submit payment of a $12,500 (twelve thousand, five hundred dollar) monetary penalty within 30 days of receipt by certified mail of a fully executed copy of this Consent Agreement and Order. Payment is to be made by check or money order made payable to the S.C. Department of Health and Environmental Control. This payment must 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

4. It is understood by the Licensee that S.C. Code Ann. Section 44-7-320 (D) (2002) states that "Failure to pay a penalty within thirty days is grounds for suspension, revocation, or denial of 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."

5. If violation(s) previously cited recur 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 25A S.C. Code Ann. Regs. 61-84, Section 302 (F) (Supp. 2001), and the Licensee shall immediately pay to the Department the assessed penalty.

6. The Licensee agrees to post a copy of this Consent Agreement and Order in a conspicuous location within the facility so that visitors and residents may see it. The posting of this Consent Agreement and Order shall be for a period of twelve months from the date of execution of this Agreement.

7. The Department in no way waives its authority to enforce, by imposing penalties or otherwise, all statutory and regulatory requirements for the licensure of Beasley's Care.

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 Beasley's Care, pursuant to S.C. Code Ann. Section 44-7-320 (2002), and the facility administrator has been informed of these potential actions.

AND IT IS SO ORDERED

February 19, 2003

Ray N. Stevens Date
Administrative Law Judge


Brown Bldg.

 

 

 

 

 

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