ORDERS:
CONSENT AGREEMENT AND ORDER
The South Carolina Department of Health and Environmental Control ("DHEC"),
Respondent, and Waffle House, Inc. ("Waffle House"), 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,
over the course of the past thirteen years, DHEC has conducted a number of inspections of Waffle
House in accordance with statutory and regulatory requirements; and
Whereas, as a result of an unannounced inspection on May 19, 1998, Waffle House received
a rating score of 62, resulting in a Posted Grade of C; and
Whereas, as a result of an unannounced inspection on July 23, 1998, Waffle House received
a rating score of 58, resulting in a Posted Grade of C; and
Whereas, DHEC has provided appropriate training to Waffle House staff on July 27, 1998;
and
Whereas, as a result of an unannounced inspection on September 18, 1998, Waffle House
received a rating score of 66, resulting in a Posted Grade of C; and
Whereas, thereafter DHEC notified Waffle House of its intent to revoke Waffle House food
service permit for violations of Regulation 61-25 by letter dated September 22, 1998; and
Whereas, Waffle House, by its Vice President, Don Balfour, timely appealed the DHEC
decision to revoke the food permit to the DHEC Clerk of the Board, which was received on October
20, 1998; and
Whereas, DHEC timely transmitted the request for appeal to the Administrative Law Judge
Division on October 30, 1998 and the case was subsequently assigned to the Honorable Ray N.
Stevens; 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. 32-0007 dated September
22, 1998, is vacated.
2) At the request of Waffle House, DHEC has provided training to current Waffle House
employees concerning the applicable statutory and regulatory requirements.
3) DHEC shall conduct regular unannounced inspections in accordance with the
procedures of 24A S.C. Code Regs. 61-25 at the Waffle House establishment.
4) Within fifteen (15) days of the effective date of this Order, Waffle House shall submit
to DHEC a food service operations plan for operating an acceptable food service establishment in
accordance with 24A S.C. Code Regs. 61-25, which must be approved by DHEC.
5) Waffle House agrees to a "Probation Period" during which its continued performance
at this establishment will be evaluated. The Probation Period shall extend from the date of the
execution of this Order by the Administrative Law Judge for a period of one hundred and eighty
(180) days. Waffle House will continue to undergo unannounced routine inspections during the
course of the Probation Period. If, during the Probation Period, the Waffle House establishment
experiences a rating score of less than 70 on any unannounced routine inspection, as verified by the
District Food Supervisor of the Palmetto Health District, Food Service Permit No. 32-0007 shall be
suspended for a period of ten (10) days and Waffle House shall not operate the establishment during
the period of suspension. Waffle House waives the right to contest the 10 day suspension for such
unsatisfactory inspection. This period of suspension shall commence no later than twenty-four (24)
hours following receipt by Waffle House of notice of the supervisor verification of the rating score
of less than 70. Notwithstanding any provision herein to the contrary, DHEC retains the right to
suspend the permit and to direct Waffle House to cease operations of the establishment immediately
pursuant to its emergency powers described in 24A S.C. Code Regs. 61-25.XIV.C.2., subject,
however, to the provisions of S.C. Code Ann. § 1-23-320 (1998 Supp.).
6) Upon request of Waffle House, but not sooner than eight (8) and not later than ten
(10) days after commencement of the suspension, DHEC shall conduct a follow-up inspection of
the Waffle House establishment and shall reinstate the food service permit provided that all
previously noted violations have been corrected.
7) The DHEC inspector shall provide, to the Waffle House employee in charge of the
establishment at the time of any inspection of the establishment, a completed DHEC inspection
report form following each routine and follow up inspection. DHEC shall mail a copy of any
certified letter concerning permit suspension and/or revocation to Waffle House as follows:
Rick Tyler, Esquire
Legal Department
Waffle House, Inc.
P.O. Box 6450
Norcross, Georgia 30091-6450
8) In the event that Waffle House food service permit for the establishment has been
suspended once in accordance with the provisions of paragraph 5 above, and Waffle House thereafter
fails to achieve a rating score of at least 70 at any time during the Probation Period, as a result of a
routine inspection, which is verified by the District Food Supervisor of the Palmetto Health District,
DHEC, Food Service Permit No. 32-0007 shall be revoked in accordance with the procedures set
forth in 24A S.C. Code Regs. 61-25.XIV.E. DHEC agrees to provide written notice of such
revocation as described in paragraph 7 of this Order. Notwithstanding any provision herein to the
contrary, DHEC retains the right to suspend the permit and to direct Waffle House to cease
operations of the establishment immediately pursuant to its emergency powers described in 24A S.C.
Code Regs. 61-25.XIV.C.2., subject, however, to the provisions of S.C. Code Ann. § 1-23-320
(1998 Supp.). Waffle House may only resume operation of the establishment upon permitting of the
establishment as a new facility.
AND IT IS SO ORDERED.
The Honorable Ray N. Stevens
Administrative Law Judge
This 5th day of March, 1999
Columbia, South Carolina |
