ORDERS:
CONSENT AGREEMENT AND ORDER
The South Carolina Department of Health and Environmental Control ("DHEC"), Respondent, and Golden City Restaurant
("Golden City"), 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 Golden City in accordance with statutory and regulatory
requirements; and
Whereas, as a result of unannounced inspections, Golden City has consistently demonstrated inadequate compliance with
both statutory and regulatory requirements, including, but not limited to, improper temperatures of potentially hazardous
foods, improper cooling 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, and improper storage and use of toxic materials; and
Whereas, DHEC has provided appropriate training to Golden City staff, the most recent occurring on August 31, 1999; and
Whereas, DHEC notified Golden City of its intent to revoke Golden City's food service permit for violations of Regulation
61-25 by letter dated August 31, 1999; and
Whereas, Golden City timely appealed the DHEC decision to revoke the food permit to the DHEC Clerk of the Board,
which was received on September 3, 1999; and
Whereas, DHEC timely transmitted the request for appeal to the Administrative Law Judge Division on September 8, 1999,
and the case was subsequently assigned to the Honorable John D. Geathers on September 17, 1999; 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. 2644 issued to Golden City and dated September 15, 1998 , is
vacated;
2) Golden City will comply with applicable statutory and regulatory requirements for food service establishments; and
3) The parties agree that DHEC has provided training to current Golden City employees concerning the applicable statutory
and regulatory requirements; however, nothing herein shall be construed to preclude an offer by DHEC of additional training
to Golden City 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 Golden City.
5) Within fifteen (15) days of the effective date of this Order, Golden City 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, Golden City scores below 70 on any unannounced
inspection, as verified by the District Food Supervisor of the Palmetto Health District, Food Service Permit No. 2644 shall
be suspended for a period of ten (10) days and Golden City shall not operate during the period of suspension. This period of
suspension shall commence no later than 24 hours after Golden City receipt of notice of the supervisor verification of the
score of less than 70. Golden City 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 Golden City to cease operations
immediately pursuant to its emergency powers described in R. 61-25, Chapter XIV.C.2.
- The DHEC inspector shall provide, to the Golden City employee in charge at the time of inspection, a completed DHEC
inspection report and shall remove the posted grade from the establishment.
- Upon request of Golden City, but not sooner than nine (9) days after commencement of the suspension, DHEC shall
conduct an inspection of Golden City and shall assign the appropriate grade. Upon posting of a grade of A, Golden City
may resume operations.
7) In the event that Golden City food service permit has been suspended once in accordance with the provisions of paragraph
6 above, and Golden City 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. 2644, and Golden City shall immediately cease
food service operations.
8) Golden City hereby consents to and agrees to withdrawal of its appeal of the DHEC staff decision to revoke its Food
Service Permit No. 2644 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.
___________________________________
John D. Geathers, Administrative Law Judge
Date: October 19, 1999
Columbia, South Carolina |
