State initiates license revocation at Alleghany Assisted Living

A local rest home has been given notice of license revocation by the state, according to documents on file at the Alleghany Department of Social Services.

Specifically, Alleghany Assisted Living was served with a 20 day notice, effective Feb. 13, that its license to operate will be revoked. The business, which opened in mid 2002, is in the building formerly occupied by New River Country Care Center.

The facility currently has about 22 residents, according to information provided by the Alleghany County Department of Social Services. The facility cannot admit any new residents until the problems have been resolved.

The notice stated that the North Carolina Department of Health and Human Services, Division of Facility Services, Adult Care Licensure Section has determined that the center substantially failed to comply with state statutes and with the rules adopted by the department. Business owner Scott Stanley said the revocation does not mean the facility will be closing.

"We'll be appealing that," he said of the notice of revocation. "This is all standard procedure and I really have no comment other than that." Stanley also declined to comment on specific violations listed by the report.

However, he did note that he does not feel that the revocation will move forward.

"I think once the process has been followed, I think all the intent to revoke will be dropped," Stanley said.

Stanley was speaking of his right to appeal, or contest, the licensure action by filing a petition for a contested case hearing with the Office of Administrative Hearings. If the appeal is not filed within the 20 day period, the right to appeal is lost.

In addition to the right to file a petition for a contested case hearing (appeal), state statutes encourage the settlement of disputes through ‘informal procedures,' the notice stated. "In keeping with this law, this office remains readily available for discussion or other informal procedures to assist in resolving any dispute you may have with our findings and action."

Sandy Ashley, Director of the Alleghany DSS office, said any appeals would be filed with the Division of Facility Services in Raleigh, not the local DSS.

"We monitor and send reports to the Division of Facility Services but they issue and suspend licenses if there are problems," said Ashley.

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