The South Carolina Department of Health and Environmental Control (DHEC),
Respondent, and Captain D’s, Petitioner, hereby enter into the following Consent Agreement:
Whereas, DHEC is charged with administering the food service facility inspection
program in accordance with S.C. Code Ann. Section 44-1-140(2) and S.C. Regulation 61-25; and
Whereas, DHEC has conducted a number of inspections of Captain D’s in accordance
with statutory and regulatory requirements; and
Whereas, Captain D’s is a retail food establishment located at 909 Broughton Street,
Orangeburg, SC 29115; and
Whereas, a routine inspection of Captain D’s on November 19, 2003, resulted in a score
of 81, and during a routine in section on September 13, 2004, resulted in a score of 82; and
Whereas, DHEC notified Captain D’s by hand delivered letter on October 19, 2004, that,
as a result of the downgraded scores the restaurant received, a representative of Captain D’s was
required to attend a food sanitation training session; and
Whereas, a Captain D’s representative did not attend the November 9, 2004, training
session; and
Whereas, because a Captain D’s representative did not attend the November 9, 2004,
training session, DHEC notified Captain D’s of its intent to suspend Captain D’s food service
permit for violation of Regulation 61-25, Chapter XIV(N), by hand delivered letter, dated
December 1, 2004;
Whereas, the parties now desire to settle this matter without further adjudication;
NOW THEREFORE IT IS ORDERED AND AGREED:
1.The notice of intent to suspend Food Service Permit No. 38-206-01134 issued to
Captain D’s and dated December 1, 2004, is vacated;
2.Captain D’s will comply with applicable statutory and regulatory requirements for
retail food service establishments; and
3.The Department shall conduct regular unannounced inspections in accordance with
the procedures of Regulations 61-25 at Captain D’s; and
4.The Manager of Captain D’s will attend the next available training session in food
sanitation conducted by the Department. The Manager will take a written
examination at the training session and must score an 88 or higher on that
examination. If the Manager does not score and 88 or higher on the written
examination, he must attend the next available training session and take the written
examination again. The Manager will be required to attend each subsequent available
training session until he has scored an 88 or higher on the written examination.
5.The Manager of Captain D’s shall send at least one Captain D’s employee to each
training session in food sanitation conducted by the Department scheduled over the
next 180 days. Each employee attending a training session in food sanitation will
take a written examination and must score an 80 or higher on the written
examination. If an employee does not score an 80 or higher on the written
examination, the employee must attend the next available training session and take
the written examination again. The employee will thereof be required to attend each
subsequent available training session until he or she has scored an 80 or higher on the
written examination. An employee required to attend a training session as a result of
not achieving a score of 80 or higher on the written examination during the previous
training session must attend in addition to another separate employee sent by Captain
D’s for that particular training session.
6.The Department will notify Captain D’s about scheduled training dates by postal
mail. However, Captain D’s has the ultimate responsibility under this agreement to
learn when the training dates are scheduled and to ensure that they are attended.
7.If Captain D’s fails to comply with the terms in Paragraphs 4 or 5, Captain D’s agrees
to voluntarily suspend food service operations for two days, beginning on the day
after the Department notifies Captain D’s that it failed to comply with the terms; and
8.The Parties further agree that violation of any of the terms or conditions of this
Consent Order of Dismissal shall be punishable by Contempt of Court.
CONSENTED TO:
FOR THE SOUTH CAROLINA DEPARTMENT
OF HEALTH AND ENVIRONMENTAL
CONTROL
By: _____________________________________
Date: ___________________________________
FOR CAPTAIN D’S
By: _____________________________________
Date:_____________________________________
AND IT IS SO ORDERED.
______________________________________
Marvin F. Kittrell
Chief Administrative Law Judge
Dated: January 25, 2005
Columbia, South Carolina
