ORDERS:
CONSENT AGREEMENT AND ORDER
The South Carolina Department of Health and Environmental Control ("DHEC"), Respondent, and La Fiesta Restaurant
("La Fiesta"), 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 La Fiesta in accordance with statutory and regulatory
requirements; and
Whereas, as a result of unannounced inspections, La Fiesta has consistently demonstrated inadequate compliance with both
statutory and regulatory requirements, including, but not limited to, food not in sound condition, improper temperatures of
potentially hazardous foods, improper thawing practices, cross-contamination, improper personal hygiene, improper
sanitization of equipment and utensils, failure to prevent potential back-syphonage, hand washing facility not available,
failure to control vectors, and improper storage and use of toxic materials; and
Whereas, DHEC has provided appropriate training to La Fiesta staff, the most recent occurring on March 15, 1999; and
Whereas, DHEC notified La Fiesta of its intent to revoke La Fiesta's food service permit for violations of Regulation 61-25
by letter dated July 15, 1999; and
Whereas, La Fiesta, by its Attorney Kenneth R. Young, Jr., timely appealed the DHEC decision to revoke the food permit to
the DHEC Clerk of the Board, which was received on July 26, 1999; and
Whereas, DHEC timely transmitted the request for appeal to the Administrative Law Judge Division on July 29, 1999, 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 July 15, 1999 notice of intent to revoke Food Service Permit No. 2057 issued to La Fiesta on October 22, 1993, is
vacated;
2) La Fiesta will comply with applicable statutory and regulatory requirements for food service establishments; and
3) The parties agree that DHEC will provide training to current La Fiesta employees upon request concerning the applicable
statutory and regulatory requirements; however, nothing herein shall be construed to preclude an offer by DHEC of
additional training to La Fiesta 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 La Fiesta.
5) Within fifteen (15) days of the effective date of this Order, La Fiesta 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, La Fiesta scores below 70 on any unannounced
inspection, as verified by the District Food Supervisor of the Palmetto Health District, Food Service Permit No. 2057 shall
be suspended for a period of ten (10) days and La Fiesta shall not operate during the period of suspension. This period of
suspension shall commence no later than 24 hours after La Fiesta's receipt of notice of the supervisor verification of the
score of less than 70. La Fiesta shall have no right of appeal of this determination and consequent 10 day suspension.
Provided, however, that DHEC maintains the right to suspend the permit and direct La Fiesta 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 La Fiesta 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 La Fiesta, but not sooner than nine (9) days after commencement of the suspension, DHEC shall
conduct an inspection of La Fiesta and shall assign the appropriate grade. Upon posting of a grade of A, La Fiesta may
resume operations.
7) In the event that La Fiesta's food service permit has been suspended once in accordance with the provisions of paragraph
6 above, and La Fiesta 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 No. 2057, and La Fiesta shall immediately cease food
service operations. La Fiesta shall have no administrative appeal rights as a result of this revocation.
8) La Fiesta hereby consents to and agrees to withdrawal of its appeal of the DHEC
staff decision to revoke its Food Service Permit No. 2057 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 Ray N. Stevens
Administrative Law Judge
August , 1999
Columbia, South Carolina |
