ORDERS:
CONSENT AGREEMENT AND ORDER
The South Carolina Department of Health and Environmental Control ("DHEC"),
Respondent, and Mad's Bar-B-Que ("Mad's"), 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, Mad's operates a catering and restaurant business, which was permitted on
December 20, 1990; and
Whereas, over the course of at least the past four years, DHEC has conducted a number of
inspections of Mad's in accordance with statutory and regulatory requirements; and
Whereas, as a result of unannounced inspections, Mad's has consistently demonstrated
inadequate compliance with both statutory and regulatory requirements, including, but not
limited to, sewage surfacing in preparation area, improper thawing practices, failure of
employees to observe hand washing requirements, improper storage of toxic materials, employee
smoking in food preparation areas, improper sanitization of equipment and utensils, infestation
of mice, flies and roaches, and improper temperatures of potentially hazardous foods.
Whereas, DHEC has offered to provide appropriate training to Mad's staff on several
occasions; however, Mad's owner has failed to avail himself and his staff of training
opportunities;
Whereas, DHEC notified Mad's of its intent to revoke Mad's food service permit for
violations of Regulation 61-25 by letter dated January 26, 1998; and
Whereas, Mad's, by its attorney J. Stephen McCormack, timely appealed the DHEC
decision to revoke the food permit to the DHEC Clerk of the Board, which was received on
February 5, 1998; and
Whereas, DHEC timely transmitted the request for appeal to the Administrative Law
Judge Division on February 10, 1998, and the case was subsequently assigned to the Honorable
Ralph King Anderson, III, on February 11, 1998; 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. 06144 issued to Mad's
and dated December 20, 1990, is vacated;
2) Mad's will comply with applicable statutory and regulatory requirements for food
service establishments, to include both the catering and restaurant businesses; and
3) The parties agree that DHEC will provide training to current Mad's employees
concerning the applicable statutory and regulatory requirements; however, nothing herein shall be
construed to preclude a requirement by DHEC of additional training for Mad's 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 Mad's.
5) Within fifteen (15) days of the effective date of this Order, Mad's 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, Mad's scores
below 70 on any unannounced inspection, as verified by the District Food Supervisor of the
Wateree Health District, Food Service Permit No. 06144 shall be suspended for a period of
fifteen (15) days and Mad's shall not operate during the period of suspension. This period of
suspension shall commence no later than 24 hours after Mad's receipt of notice of the supervisor
verification of the score of less than 70. Mad's 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 Mad's 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 Mad's 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 Mad's, but not sooner than fourteen (14) days after
commencement of the suspension, DHEC shall conduct an inspection of Mad's and shall assign
the appropriate grade. Upon posting of a grade of "A", Mad's may resume operations and
provide food service to the public (to include both the catering and restaurant businesses).
7) In the event that Mad's food service permit has been suspended once in
accordance with the provisions of paragraph 6 above, and Mad's 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
Wateree Health District, DHEC shall revoke Food Service Permit No. 06144, and Mad's shall
immediately cease food service operations. Mad's shall have no administrative appeal rights as a
result of this revocation.
8) Mad's hereby consents to and agrees to withdrawal of its appeal of the DHEC
staff decision to revoke its Food Service Permit No. 06144, 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.
___________________________________
The Honorable Ralph King Anderson, III
Administrative Law Judge
April 27 , 1998
Columbia, South Carolina |
