Facility appeals state DFS revocation

Alleghany Assisted Living (AAL) is requesting a contested case hearing in relation to a recent notice of license revocation initiated by the North Carolina Division of Facility Services.

Attorney Deborah Armstrong Whitfield of Charlotte is representing the facility, which is owned by Scott Stanley of Surry County. According to the paper filed and stamped received on Feb. 28 by the Alleghany County Department of Social Services, AAL was served with a notice of revocation on or about Feb. 7. From that time, the facility had to suspend all admissions.

"Because of the foregoing actions taken by the respondent (state) against the petitioner (AAL), the petitioner has been deprived of property and the respondent has otherwise substantially prejudiced the rights of the petitioner," the response stated.

AAL was cited for numerous violations of state codes in the revocation. The appeal apparently was filed prior to the deadline of 20 days after receipt.

Jane Wyatt, who handles facility inspections for the local DSS, said that now that the appeal has been filed, the matter is under the jurisdiction of the Office of Administrative Hearings in Raleigh. That office is not part of the Division of Social Services nor the Division of Facility services.

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