ORDERS:
CONSENT AGREEMENT AND ORDER
The South Carolina Department of Health and Environmental Control ("DHEC"), Respondent, and Hops Grill and Bar, Inc.,
the General Partner of Hops of South Carolina, Ltd., and Jamey Griner, General Manager of the Hops Restaurant Bar and
Brewery, ("Hops"), 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 Hops in accordance with statutory and regulatory requirements;
and
Whereas, as a result of unannounced inspections, Hops has demonstrated inadequate compliance with both statutory and
regulatory requirements, which violations are documented on the food service inspection reports of February 11, 2000,
March 20, 2000 and May 11, 2000, and are incorporated herein by reference, and
Whereas, DHEC has provided appropriate training to Hops staff, the most recent occurring on April 17, 2000; and
Whereas, DHEC notified Hops of its intent to revoke Hops food service permit for violations of Regulation 61-25 by letter
dated May 16, 2000; and
Whereas, Hops, by its Attorney James W. Denhardt, timely appealed the DHEC decision to revoke the food permit to the
DHEC Clerk of the Board, which was received on May 30, 2000; and
Whereas, DHEC timely transmitted the request for appeal to the Administrative Law Judge Division on May 31, 2000; and
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 revoke Food Service Permit No. 32-2545 issued to Hops and dated October 7, 1997, is vacated;
2) Hops will comply with applicable statutory and regulatory requirements for food service establishments; and
3) The parties agree that DHEC has provided training to current Hops employees concerning the applicable statutory and
regulatory requirements; however, nothing herein shall be constructed to preclude an offer by DHEC of additional training
to Hops staff, whether separately or in conjunction with training provided to other restaurant staffs, at DHEC's discretion.
4) DHEC shall conduct regular unannounced inspections in accordance with the procedures of R.61-25 at Hops.
5) Within fifteen (15) days of the effective date of this Order, Hops shall submit to DHEC a food service operations plan for
operating an acceptable food service establishment in accordance with S.C. Regulation 61-25, which must be approved by
DHEC.
6) If, during the 365 days following the effective date of this Order, Hops scores below 70 on any unannounced inspection,
as verified by the District Food Supervisor of the Palmetto Health District, Food Service Permit No. 32-2545 shall be
suspended for a period of fifteen (15) days and Hops shall not operate during the period of suspension. This period of
suspension shall commence no later than 24 hours after Hops receipt of notice of the supervisor verification of the score of
less than 70. Hops shall have no right of appeal of this determination and consequent 15 day suspension. Provided,
however, that DHEC maintains the right to suspend the permit and direct Hops to case operations immediately pursuant to
its emergency powers described in R.61-25, Chapter XIV.C.2.
a) The DHEC inspection shall provide to the Hops employee in charge at the time
of inspection, a completed DHEC inspection report and shall remove the posted grade from establishment.
b) Upon request of Hops, but not sooner than fourteen (14) days after commencement
of the suspension, DHEC shall conduct an inspection of Hops and shall assign the appropriate grade. Upon posting of a
grade of A, Hops may resume operations.
7) In the event that Hops food service permit has been suspended once in accordance with the provisions of paragraph 6
above, and Hops subsequently fails to achieve a rating score of at least 70 at any time during the period of 365 days from the
effective date of the Order, as a result of a routine inspection, which is verified by the District Food Supervisor of the
Palmetto Health District, DHEC shall revoke Food Service Permit No. 32-2545, and shall immediately cease food service
operations.
8) Hops hereby consents to and agrees to withdrawal of its appeal of the DHEC staff decision to revoke its Food Service
Permit No. 32-2545 and requests that the Administrative Law Judge dismiss the appeal with prejudice.
9) The effective date of this Order shall be the date of executive by the Administrative Law Judge.
AND IT IS SO ORDERED.
RAY N. STEVENS
Administrative Law Judge
July 31, 2000
Columbia, South Carolina |
