SC Administrative Law Court Decisions

The South Carolina Department of Health and Environmental Control (DHEC), Respondent, and Ryan's Steak House #2, 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 Ryan's Steak House #2 in accordance with statutory and regulatory requirements; and

Whereas, as a result of unannounced inspections, Ryan's Steak House #2 has consistently demonstrated inadequate compliance with both statutory and regulatory requirements, including, but not limited to food not in sound condition; improper holding temperature of potentially hazardous food; improper personal hygienic practices; improper sanitation of equipment and utensils; failure to prevent potential back syphonages; improper storage, labeling and use of toxic materials; and

Whereas, DHEC has provided appropriate training to Ryan's Steak House #2 staff, the most recent occurring on November 7, 2000; and

Whereas, DHEC notified Ryan's Steak House #2 of its intent to revoke Food Service Permit No. # 04-206-01363 for violations of Regulation 61 - 25 by letter dated November 16, 2000; and

Whereas, Ryan's Steak House #2, by its Vice President, Mr. Phillip Franklin, timely appealed the DHEC decision to revoke Food Service Permit No. # 04-206-01363 to the DHEC Clerk of the Board, which was received on November 21, 2000; and

Whereas DHEC timely transmitted the request for appeal to the Administrative Law Judge Division, and the case was subsequently assigned to the Honorable C. Dukes Scott on December 05, 2000; and

Whereas, the parties now desire to settle this matter without further adjudication;

NOW THEREFORE IT IS AGREED:

• The notice of intent to revoke Food Service Permit No. # 04-206-01363, issued to

Ryan's Steak House #2, dated November 16, 2000 is vacated;

• Ryan's Steak House #2 will comply with applicable statutory and regulatory

requirements for food service establishments; and

• The parties agree that DHEC has provided training to current employees

concerning the applicable statutory and regulatory requirements; however, nothing herein shall be construed to preclude an offer by DHEC of additional training to Ryan's Steak House #2 staff, whether separately or in conjunction with training provided to other restaurant staffs, at DHEC's discretion.

• DHEC shall conduct regular unannounced inspections in accordance with the

procedures of R. 61- 25 at Ryan's Steak House #2.

• Within fifteen (15) days of the effective date of this Order, Ryan's Steak House #2

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.

• If, during the 365 days following the effective date of this Order, Ryan's Steak House

#2 scores below 70 on any unannounced inspection, as verified by the District Food Supervisor of the Appalachia I Health District, DHEC Food Service Permit No. # 04-206-01363 shall be suspended for a period of fifteen (15) days and Ryan's Steak House #2 shall not operate during the period of suspension. This period of suspension shall commence no later than 24 hours after Ryan's Steak House #2 receipt of notice of the supervisor verification of the score of less than 70. Ryan's Steak House #2 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 Ryan's Steak House #2 to cease operations immediately pursuant to its emergency powers described in R. 61-25, Chapter XIV.C.2.

• The DHEC inspector shall provide, to Ryan's Steak House #2 employee in charge at the time of inspection, a completed DHEC inspection report and shall remove the posted grade from the establishment.

• Upon request of Ryan's Steak House #2, but not sooner than fourteen (14) days after commencement of the suspension, DHEC shall conduct an inspection of Ryan's Steak House #2 and shall assign the appropriate grade. Upon posting of a grade of A, Ryan's Steak House #2 may resume operations.



• In the event that Ryan's Steak House #2 food service permit has been suspended once

in accordance with the provisions of Paragraph 6 above, and Ryan's Steak House #2 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 Appalachia I Health District, DHEC shall revoke Food Service Permit No. # 04-206-01363 and Ryan's Steak House #2 shall immediately cease food service operations.

• Ryan's Steak House #2 hereby withdraws its appeal of the DHEC staff decision to

revoke its Food Service Permit No. # 04-206-01363 and requests that the Administrative Law Judge dismiss the appeal with prejudice.

• The effective date of this Order shall be the date of execution by The Honorable

C. Dukes Scott, Administrative Law Judge.

AND IT IS SO ORDERED.

C. Dukes Scott, Administrative Law Judge

February 26, 2001

Columbia, South Carolina