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:
Mandarin Express vs. SCDHEC

AGENCY:
South Carolina Department of Health and Environmental Control

PARTIES:
Petitioner:
Mandarin Express

Respondent:
South Carolina Department of Health and Environmental Control
 
DOCKET NUMBER:
00-ALJ-07-0619-CC

APPEARANCES:
Benjamin Viloski, Esquire
Attorney for Mandarin Express

Roxy D. Crawford, District Food Supervisor
SC Department of Health and Environmental Control

Cheryl H. Bullard, Chief Counsel for Health Services
SC Department of Health and Environmental Control
 

ORDERS:

CONSENT AGREEMENT AND ORDER

In Re: Food Service Permit No. 1325 )

____________________________________)



The South Carolina Department of Health and Environmental Control (DHEC), Respondent, and Mandarin Express, 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 Mandarin Express in accordance with statutory and regulatory requirements; and

Whereas, as a result of unannounced inspections, Mandarin Express 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, improper personal hygienic practices, 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 Mandarin Express staff, the most recent occurring on September 26, 2000; and

Whereas, DHEC notified Mandarin Express of its intent to revoke Mandarin Express' food service permit for violations of Regulation 61-25 by letter dated October 18, 2000 ; and

Whereas, Mandarin Express , by its Vice President, timely appealed the DHEC decision to revoke the food permit to the DHEC Clerk of the Board, which was received on October 31, 2000; and

Whereas, DHEC timely transmitted the request for appeal to the Administrative Law Judge Division on November 2, 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. 1325 issued to Mandarin Express and dated July 20 , 1990 , is vacated;

2) Mandarin Express will comply with applicable statutory and regulatory requirements for food service establishments; and

3) The parties agree that DHEC has provided training to current Mandarin Express employees concerning the applicable statutory and regulatory requirements; however, nothing herein shall be construed to preclude an offer by DHEC of additional training to Mandarin Express 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 Mandarin Express.

5) Within fifteen (15) days of the effective date of this Order, Mandarin Express 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, Mandarin Express scores below 70 on any unannounced inspection, as verified by the District Food Supervisor of the Palmetto Health District, Food Service Permit No. 1325 shall be suspended for a period of fifteen (15) days and Mandarin Express shall not operate during the period of suspension. This period of suspension shall commence no later than 24 hours after Mandarin Express' receipt of notice of the supervisor verification of the score of less than 70. Mandarin Express 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 Mandarin Express 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 Mandarin Express 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, Mandarin Express but not sooner than fourteen (14) days after



commencement of the suspension, DHEC shall conduct an inspection of Mandarin Express and



shall assign the appropriate grade. Upon posting of a grade of A, Mandarin Express may



resume operations.



7) In the event that the Mandarin Express' food service permit has been suspended once in accordance with the provisions of paragraph 6 above, and Mandarin Express 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. 1325 and Mandarin Express shall immediately cease food service operations.

8) Mandarin Express hereby withdraws its appeal of the DHEC staff decision to revoke its Food Service Permit No. 1325and 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.

December 1, 2000

Administrative Law Judge

Columbia, South Carolina C. Dukes Scott


Brown Bldg.

 

 

 

 

 

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