South Carolina              
Administrative Law Court
Edgar A. Brown building 1205 Pendleton St., Suite 224 Columbia, SC 29201 Voice: (803) 734-0550

SC Administrative Law Court Decisions

CAPTION:
Roadhouse Grill vs. SCDHEC

AGENCY:
South Carolina Department of Health and Environmental Control

PARTIES:
Petitioner:
Roadhouse Grill

Respondent:
South Carolina Department of Health and Environmental Control
 
DOCKET NUMBER:
00-ALJ-07-0582-CC

APPEARANCES:
Roadhouse Grill

Roxy D. Crawford
District Food Supervisor, SC DHEC

Cheryl H. Bullard, Chief Counsel for
Health Services, SC DHEC
 

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




Brown Bldg.

 

 

 

 

 

Copyright © 2024 South Carolina Administrative Law Court