ORDERS:
CONSENT AGREEMENT AND ORDER
The South Carolina Department of Health and Environmental Control (the Department),
Respondent, and The Plantation Restaurant of Ramada Inn ("The Plantation"), Petitioner, hereby
enter into the following Consent Agreement:
Whereas, the Department 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, The Plantation operates a restaurant business, which was permitted on February
1, 1992; and
Whereas, over the course of at least the past four years, the Department has conducted a
number of inspections of The Plantation in accordance with statutory and regulatory requirements;
and
Whereas, as a result of unannounced inspections, The Plantation has consistently
demonstrated inadequate compliance with both statutory and regulatory requirements, including, but
not limited to, raw meats in contact with cooked meats, unclean equipment, adulterated foods, 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
roaches, and potentially hazardous foods kept at improper temperatures.
Whereas, the Department has offered to provide appropriate training to The Plantation staff
on several occasions; however, The Plantation owner has failed to avail himself and his staff of
training opportunities;
Whereas, the Department notified The Plantation of its intent to revoke the food service
permit for violations of Regulation 61-25 by letter dated March 31, 1998; and
Whereas, The Plantation timely appealed the Department decision to revoke the food permit
to the DHEC Clerk of the Board, which was received on April 6, 1998; and
Whereas, the Department timely transmitted the request for appeal to the Administrative Law
Judge Division on April 9, 1998, and the case was subsequently assigned to the Honorable Marvin
F. Kittrell, Chief Administrative Law Judge, on April 15, 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 #32-01491 issued to The
Plantation and dated February 1, 1992, is vacated;
2) The Plantation will comply with applicable statutory and regulatory requirements
for food service establishments;
3) The parties agree that the Department will provide training to current Plantation
employees concerning the applicable statutory and regulatory requirements; however, nothing herein
shall be construed to preclude a requirement by the Department of additional training for the
Plantation staff, whether separately or in conjunction with training provided to other restaurant staffs,
at the Department's discretion.
4) The Department shall conduct regular unannounced inspections in accordance with
the procedures of S.C. Code Regs. R. 61-25 at The Plantation.
5) Within fifteen (15) days of the effective date of this Order, The Plantation shall
submit a food service operations plan for operating an acceptable food service establishment in
accordance with S.C. Code Regs. R. 61-25, which must be approved by the Department.
6) If, during the 365 days following the effective date of this Order, The Plantation
scores below 70 on any unannounced inspection, as verified by the District Food Supervisor of the
Palmetto Health District, Food Service Permit #32-1491 shall be suspended for a period of fifteen
(15) days and The Plantation shall not operate during the period of suspension. This period of
suspension shall commence no later than 24 hours after The Plantation's receipt of notice of the
supervisor's verification of a score of less than 70. The Plantation shall have no right of appeal of
this determination and consequent 15 day suspension. The Department maintains the right to suspend
the permit and direct The Plantation to cease operations immediately pursuant to its emergency
powers described in R. 61-25, Chapter XIV.C.2.
a) Should such a suspension occur, the DHEC inspector shall provide, to The
Plantation 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 The Plantation, but not sooner than fourteen (14) days after
commencement of the suspension, the Department shall conduct an inspection of The Plantation and
shall assign the appropriate grade. Upon posting of a grade of "A", The Plantation may resume
operations and provide food service to the public.
7) In the event that The Plantation food service permit has been suspended once in
accordance with the provisions of paragraph 6 above, and The Plantation 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 #32-1491 and The Plantation
shall immediately cease food service operations. The Plantation shall have no administrative appeal
rights as a result of this revocation.
8) The Plantation hereby consents to and agrees to withdrawal of its appeal of the DHEC
staff decision to revoke its Food Service Permit #32-1491, 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 Marvin F. Kittrell
Chief Administrative Law Judge
July 1, 1998
Columbia, South Carolina |
