FINDINGS OF FACT

1. On February 14, 2006, representatives of the South Carolina Department of

Health and Environmental Control (Department) visited 2334 Brian Christopher

Road, Great Falls, South Carolina (Facility) to investigate a complaint that this

location was being operated as an unlicensed community residential care facility. As

a result of this investigation, it was determined that this facility was operating as an

unlicensed community residential care facility in violation of 25A S.C. Code Ann.

Regs 61-84 §103A (Supp. 2005), “Standards for Licensing Community Residential

Care Facilities,” and S.C. Code Ann. § 44-7-260(A)(6) (2002 and Supp. 2005).

2. A review of the Department’s files disclosed that the person operating this

unlicensed facility, Beverly Goode-Riley, also operated a licensed community

residential care facility at 2327 Brian Christopher Road, Great Falls, South Carolina.

3. By letter dated March 21, 2006, the Department initiated action to impose a

$5,000 monetary penalty in accordance with S.C. Code Ann. § 44-7-320(C) (2002

and Supp. 2005). Since Beverly Goode-Riley was operating a licensed community

residential care facility, the Department believed she was familiar with applicable

regulations and had therefore knowingly violated South Carolina state law.

4. By letter dated April 24, 2006, Amy L. Gaffney, Attorney at Law, filed a Request

for a Contested Case Hearing before the Administrative Law Court on behalf of

Beverly Goode-Riley.

5. Prior to proceeding to an Administrative hearing, the parties met on May 31,

2006. As a result of this meeting, the parties were able to resolve this matter.

THEREFORE, IT IS AGREED

1. Beverly Goode-Riley will immediately cease operating an unlicensed

community residential care facility.

2. In consideration of the remedial action taken by Beverly Goode-Riley,

the Department agrees to suspend $3,250 of the total $5,000 monetary penalty.

Therefore, Beverly Goode-Riley agrees to submit payment of a $1,750 monetary

penalty to the Department. Payment of this $1,750 monetary penalty is to be made

in two installment payments. The first payment, in the amount of $875, shall be

made to the Department no later than October 30, 2006.The second and final

payment, in the amount of $875, shall be made to the Department no later than

November 29, 2006. Payments are to be by certified check or money order made

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

these monies 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

3. Beverly Goode-Riley understands that a community residential care

facility is defined in 25A S.C. Code Ann. Regs. 61-84 (Supp. 2005), “Standards for

Licensing Community Residential Care Facilities,” as follows:

A facility which offers room and board and which, unlike a boarding

house, provides/coordinates a degree of personal care for a period of time

in excess of 24 consecutive hours for two or more persons, 18 years old or

older, not related to the licensee within the third degree of consanguinity.

It is designated to accommodate residents’ changing needs and

preferences, maximize residents’ dignity, autonomy, privacy,

independence, and safety, and encourage family and community

involvement. Included in this definition is any facility (other than a

hospital), which offers or represents to the public that it offers a beneficial

or protected environment specifically for individuals who have mental

illness or disabilities. These facilities may be referred to as “assisted

living” provided they meet the above definition of community residential

care facility.

4. Beverly Goode-Riley agrees that she will not in the future operate an

unlicensed community residential care facility at 2334 Brian Christopher Road, Great

Falls, South Carolina or anywhere else in the State of South Carolina. Should the

Department find through inspection or investigation that Beverly Goode-Riley is

operating an unlicensed community residential care facility, the Department may

require payment of all of the suspended portion of the assessed penalty and/or may

assess an additional penalty in accordance with S.C. Code Ann. § 44-7-320 (2002

and Supp. 2005).

5. This Consent Agreement and Order constitutes the entire agreement

between the parties with respect to the resolution and settlement of the matters set

forth herein. The parties are not relying upon any representations, promises,

understandings, or agreements except as expressly set forth within this Consent

Agreement and Order.

6. Beverly Goode-Riley understands that this Consent Agreement and Order

governs only the liability for civil sanctions arising from the matters set forth herein

and does not affect or purport to affect any criminal liability or liability to any entity

not a party to this order.

AND IT IS SO ORDERED

November 1, 2006

The Honorable Carolyn C. Matthews Date

Administrative Law Judge

WE CONSENT:

Dennis L. Gibbs, Director Date

Division of Health Licensing

Nancy S. Layman Date

Chief Attorney for Health Regulation

Beverly Goode-Riley Date

Amy L. Gaffney, Attorney at Law Date