ORDERS:
CONSENT AGREEMENT AND ORDER
In Re: Food Service Permit No. #05-1078, )
Little Howie's Restaurant )
(Big Chick) )
)
The South Carolina Department of Health and Environmental Control (the Department), Respondent, and
Mr. Howard Smith, d/lo/a Little Howie's Restaurant (hereinafter "Big Chick"), 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, Big Chick operates a restaurant business, which was permitted on June 1, 1996; and
Whereas, over the course of at least the past two years, the Department has conducted a number of
inspections of Big Chick in accordance with statutory and regulatory requirements; and
Whereas, as a result of unannounced inspections, Big Chick has consistently demonstrated inadequate
compliance with both statutory and regulatory requirements, including, but not limited
FILED
SEP 1 71998
ADMIN. LAW JUDGE DIV.
to, improper food temperatures, unclean equipment, insect problems, failure of employees to observe
hand washing requirements, improper storage of toxic materials, plumbing problems, improper
sanitization of equipment and utensils, and unclean floors, walls and ceilings.
Whereas, the Department has offered to provide appropriate training to Big Chick staff on
several occasions but Big Chick's owner, Mr. Howard Smith, has failed to avail himself and his staff
of training opportunities;
Whereas, the Department notified Big Chick of its intent to revoke the food service permit for
violations of Regulation 61-25 by letter dated August 21, 1998; and
Whereas, Big Chick timely appealed the Department decision to revoke the food permit to the
DHEC Clerk of the Board, which was received on August 25, 1998; and
Whereas, the Department timely transmitted the request for appeal to the Administrative Law
Judge Division on September 1, 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 #05-01078 issued to Big Chick dated
August 21, 1998, is vacated;
2) Big Chick will comply with applicable statutory and regulatory requirements for food service
establishments;
3) The parties agree that the Department will provide training to current Big Chick 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 Big Chick's 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 Big Chick.
5) Within fifteen (15) days of the effective date of this Order, Big Chick 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 ofthis Order, Big Chick scores below 70
on any unannounced inspection, as verified by the Environmental Health Director of the Edisto Health
District, Food Service Permit #05-01078 shall be suspended for a period of fifteen (15) days and Big
Chick shall not operate during the period of suspension. This period of suspension shall commence no
later than 24 hours after Big Chick's receipt of notice of the supervisor's verification of a score of less
than 70. Big Chick 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 Big Chick 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 Big Chick
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 Big Chick, but not sooner than fourteen (14) days after commencement of
the suspension, the Department shall conduct an inspection of Big Chick and shall assign the
appropriate grade. Upon posting of a grade of"A", Big Chick may resume operations and provide food
service to the public.
7) In the event that Big Chick's food service permit has been suspended once in accordance
with the provisions of paragraph 6 above, and Big Chick 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 Environmental Health Director ofthe
Edisto Health District, DHEC shall revoke Food Service Permit #05-01078 and Big Chick shall
immediately cease food service operations. Big Chick shall have no administrative appeal rights as a
result of this revocation.
8) Big Chick hereby consents to and agrees to withdrawal of its appeal of the DHEC staff
decision to revoke its Food Service Permit #05-01078, 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.
RAY N. STEVENS Administrative Law Judge
September / 7 , 1998
Columbia, South Carolina
WE CONSENT:
Alex G. Shissias Date
Staff Attorney
South Carolina Department of
Health and Environmental Control
Neal Dufford, Director Date
Food Protection Branch
South Carolina Department of
Health and Environmental Control
Michael Chappell Date
District Environmental Health Director
Edisto Health District
Howard Smith Date
Owner, Little Howie's Restaurant (Big Chick)
CERTIFICATE OF SERVICE
This is to certify that the undersigned has this date
served this order in the above entitled action upon all
Parties to this cause by depositing a copy hereof,
postage paid. in the United States mail addressed to
the partyties) or their attQpley(s),
This 17th day of September, 1998
BY:
Administrative Assistant to the Administrative Law Judge |
