Schulman questions how DOHMH proves violations when challenged and appeals
Schulman asks how DOHMH establishes a violation existed when a restaurant challenges it, especially after correction, and asks about appeals. Schiff describes the inspection as a teachable moment with a checklist, printed report, and summons, and says restaurants can contest findings and present evidence at OATH.
I want to get the questions about the legislation out of the way.
This is about proposed intro 189, the photo or video evidence.
Okay.
When a violation is challenged by an FSE, how does DOHMH establish that the violating condition existed at the time of inspection, particularly when the condition has since been corrected?
So first to note again, when the restaurant achieves an A grade at the time of the inspection, there is no summons as part of our overall
system, which is designed really to create a variety of incentives for the restaurant to meet those highest food safety standards.
So we're talking about a restaurant that does not, to answer your question, does not get an A at the time of inspection, which means that we're finding food safety violations.
The inspection is, we consider it to be a teachable moment.
The inspector is there, and the restaurant, they walk through the restaurant with whoever the restaurant chooses to accompany the inspector.
We prefer a supervisor, but they can choose who that is.
And we go step-by-step through that inspection checklist that we have shared with the restaurant because it's an open book exam and we want them to do their own self-inspection.
And as we're going through, our inspector is describing what they're observing, why it meets or doesn't meet the food safety protection, and what needs to be done to bring that situation into compliance.
And they're recording that all along the way.
At the end of the inspection, they review their overall findings with the restaurant operator.
They are carrying handheld printers.
And so at the end of the inspection, they are able to print out the inspection report and any summons right there on the spot for the restaurant owner to review.
and sign.
The summons goes to oath, right?
The summons goes to oath, yes.
Is there another appeals process through oath if they want to appeal that?
Absolutely.
If there is a summons issued, if it's not an A grade, then there is an opportunity for the restaurant owner to object to those findings and to bring in their evidence for why the inspector was wrong.