Restaurant Law Blog

Monday, October 3, 2011

Letter Grading – Worst Health Inspection Violations to Receive.

Identifying the worst violations a restaurant can receive is simple, and there are two.  The first is a violation of NYCHC 81.15(a), or “not having a supervisor present at all times who holds a Food Protection Certificate.”  This is an automatic 28 points and virtually impossible to overturn at an OATH hearing.  This does not mean that the head manager on duty needs to hold the FPC, all that is required is that a supervisor with a FPC be present at all times.  This is often confused by DOH inspectors, but be safe rather than sorry and ensure that every manager has their FPC. 

The second worst violation, although technically equal to the first, is a violation of NYCHC 3.15(a) preventing an Inspector from carrying out their duties.”  Once again, this is an automatic 28 points; however this violation is more easily able to be disputed at an OATH hearing.  For the Inspector possessing Napoleonic traits, this is a dangerous weapon.  The section of the law is written overly vague and can be cited in several instances, and I have seen it issued carelessly if not recklessly.  A violation of this section does not necessarily require a demonstration of hostility or confrontation towards an Inspector but rather can involve something as simple as a disagreement; not answering the Inspector’s questions to their satisfaction; or, not possessing a key to all doors and areas they want access to.  If you have unfairly received this violation, be sure to document what transpired and locate all witnesses to your side of the story.  They will be important when you appear at your hearing. 

James DiPasquale, Esq

DIPASQUALE LAW GROUP

Restaurant Law New York

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