ORDERS:
CONSENT AGREEMENT AND ORDER
The South Carolina Department of Health and Environmental Control (DHEC), Respondent, and Roadhouse Grill, 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 Roadhouse Grill in accordance with statutory and regulatory
requirements; and
Whereas, as a result of unannounced inspections, Roadhouse Grill has consistently demonstrated inadequate compliance with both
statutory and regulatory requirements, including, but not limited to, food not in sound condition, improper temperatures of
potentially hazardous foods, cross- contamination, improper sanitization of equipment and utensils, failure to prevent
potential back-syphonage, failure to control flies, improper storage and use of toxic materials; and
Whereas, DHEC has provided appropriate training to Roadhouse Grill staff, the most recent occurring on August 29, 2000; and
Whereas, DHEC notified Roadhouse Grill of its intent to revoke Roadhouse Grills food service permit for violations of Regulation
61-25 by letter dated October 5, 2000 ; and
Whereas, Roadhouse Grill , by its Owner, timely appealed the DHEC decision to revoke the food permit to the DHEC Clerk of the
Board, which was received on October 12, 2000; and
Whereas, DHEC timely transmitted the request for appeal to the Administrative Law Judge Division on October 13, 2000, and the
case was subsequently assigned to the Honorable C. Dukes Scott on October 18, 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. 2477 issued to Roadhouse Grill and dated April 1, 1997 , is vacated;
2) Roadhouse Grill will comply with applicable statutory and regulatory requirements for food service establishments; and
3) The parties agree that DHEC has provided training to current Roadhouse Grill employees concerning the applicable statutory and
regulatory requirements; however, nothing herein shall be construed to preclude an offer by DHEC of additional training to
Roadhouse Grill 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 Roadhouse Grill.
5) Within fifteen (15) days of the effective date of this Order, Roadhouse Grill 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, Roadhouse Grill scores below 70 on any unannounced
inspection, as verified by the District Food Supervisor of the Palmetto Health District, Food Service Permit No. 2477 shall be
suspended for a period of fifteen (15) days and Roadhouse Grill shall not operate during the period of suspension. This period of
suspension shall commence no later than 24 hours after Roadhouse Grills receipt of notice of the supervisor verification of the score
of less than 70. Roadhouse Grill shall have no right of appeal of this determination and consequent fifteen (15) day suspension.
Provided, however, that DHEC maintains the right to suspend the permit and direct Roadhouse Grill to cease operations
immediately pursuant to its emergency powers described in R. 61-25, Chapter XIV.C.2.
a) The DHEC inspector shall provide, to the Roadhouse Grill employee in charge at the time of inspection, a completed DHEC
inspection report and shall remove the posted grade from the establishment.
b) Upon request of, Roadhouse Grill but not sooner than fourteen (14) days after commencement of the suspension, DHEC shall
conduct an inspection of Roadhouse Grill and shall assign the appropriate grade. Upon posting of a grade of A, Roadhouse Grill
may resume operations.
7) In the event that the Roadhouse Grill food service permit has been suspended once in accordance with the provisions of paragraph
6 above, and Roadhouse Grill 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. 2477 and Roadhouse Grill shall immediately cease food service operations.
8) Roadhouse Grill hereby withdraws its appeal of the DHEC staff decision to revoke its Food Service Permit No. 2477 and requests
that the Administrative Law Judge dismiss the appeal, with prejudice.
9) The effective date of this Order shall be the date of execution by the Administrative Law Judge.
AND IT IS SO ORDERED.
C. Dukes Scott
Administrative Law Judge
December 4, 2000
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