ORDERS:
CONSENT AGREEMENT AND ORDER
STATEMENT OF FACTS
1. This matter arose from violations of the WIC Program, administered and enforced by the South Carolina Department of
Health and Environmental Control. S.C. Code Regs. 61-94 (Supp. 1998).
2. On February 26, 1999 and October 1, 1999, representatives of the South Carolina Department of Health and
Environmental Control (hereinafter Department or "DHEC") conducted monitoring visits to BI-Lo#64 (hereinafter Bi-Lo
#64) located at 3315-B Broad River Rd., Columbia, South Carolina.
3. On October 12, 1999, the Department notified the manager of Bi-Lo#64 of the violations and required sanctions pursuant
to the provisions of R.61-94. (Attachment A).
4. As a result of the violations cited in Attachment A, Bi-Lo #64 accumulated fifteen (15) violations points. In accordance
with DHEC procedures, DHEC decided to disqualify Bi-Lo #64 for a period of sixty (60) days. Other conditions and
responsibilities upon Bi-Lo #64 were also set forth in the October 12, 1999 letter. (Attachment A).
5. In accordance with established procedures, Bi-Lo #64, by letter dated October 21,
1999, appealed the Department's decision to impose the penalty of a sixty (60) day disqualification period. (Attachment B).
6. Representatives of Bi-Lo, Inc. and DHEC entered into negotiations to resolve the matter, agreeing to the terms and
conditions set forth below and seeks the Courts approval of
such agreement by making it an Order of this Court.
THEREFORE, IT IS AGREED
1. DHEC and Bi-Lo, Inc. have agreed that the payment of a monetary penalty in the amount of one thousand one hundred
thirteen and 60/100 ($1,113.60) dollars is an appropriate penalty for the violations referenced above and set forth in
Attachment A to this Agreement and Order.
2. Bi-Lo #64 will pay the South Carolina Department of Health and Environmental Control the sum of one thousand one
hundred thirteen and 60/100 ($1,113.60) dollars upon signing the Consent Agreement and Order.
3. Bi-Lo #64 will not be disqualified from the WIC Program for a period of sixty (60) days as originally determined by
DHEC.
4. The points accumulated by Bi-Lo #64 will remain on the vendor's record.
Pursuant to the normal process and barring any further violations, each of the five (5) point violations, respectively, is
automatically removed from the record one (1) year after the violation was originally cited.
5. The Department, by entering into this agreement, in no way waives its authority to enforce by penalty or otherwise, all
statutory and regulatory requirements for vendor participation in the WIC Program.
The terms of the above agreement of the parties is approved as an Order of this Court,
AND IT IS SO ORDERED.
_____________________________
C. Dukes Scott
Administrative Law Judge
December 3, 1999 |
