ORDERS:
CONSENT AGREEMENT AND ORDER
FINDINGS OF FACT
1.Mary Frances Shaw is the holder of a license to operate Townsend Terrace
Retirement Home (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). The Facility, located in Bishopville, South Carolina, has a licensed capacity
of 10 (ten ) beds.
2.The Department notified the Facility by letter dated January 22, 2004, that it
was imposing a $26,450 monetary penalty for violations and repeat violations of S.C.
Code Ann. Regs. 61-84, Standards for Licensing Community Residential Care
Facilities (Supp. 2002). The letter advised that the Department’s determination
would become final thirty (30) 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 undated letter received by the Department’s Clerk of the Board on
February 20, 2004, the facility submitted a timely request for a contested case
hearing.
4.Prior to proceeding to an administrative hearing, the parties met on
March 31, 2004. The Facility stated that it had corrected the violations and initiated
action to ensure that the violations were not repeated. The Facility and the
Department reached agreement to resolve this matter.
THEREFORE, IT IS AGREED
1.The Licensee will initiate action to ensure that violations are not
repeated.
2.The Licensee will withdraw its request for a 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 $17,450 of the $26,450 total monetary penalty
assessed against the Facility. The Fcility agrees to submit payment of a $9,000
monetary penalty to the Department. Payment is to be paid in two equal installments.
The first installment of $4,500 is due and payable to the Department within thirty
(30) days of execution of this Consent Order. The remaining $4,500 of the $9,000
penalty is to be paid to the Department within 30 (thirty) days of the first payment.
Payment is to be made by check or money order made payable to the S.C.
Department of Health and Environmental Control and 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
4.It is understood by the Licensee that S.C. Code Ann. § 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, the Department may require immediate 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 302 F., S.C. Code Ann. Regs. 61-84
(Supp. 2002).
6.The Department in no way waives its authority to enforce, by imposing
penalties or otherwise, all statutory and regulatory requirements for the licensure of
the Facility.
7.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 the Facility, pursuant to S.C. Code Ann. § 44-7-320 (Supp. 2003), and the
facility administrator has been informed of these potential actions.
8.No additional statements, inducements or promises have been
made by either party in consideration for entering into this Consent Agreement.
9.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
May 7, 2004
Carolyn C. MatthewsDate
Administrative Law Judge |
