Food establishments — Basis for enforcement action.

(1) The department may issue a notice of correction for: (a) Food establishments that score less than ninety points on an inspection; or (b) Critical violations found during an inspection of a food establishment. (2) The department may review and consider initiating enforcement action, such as license suspension, civil penalties, and/or other penalties provided in chapters 16.49 , 69.07, 69.10, or 15.130 RCW when: (a) Food establishments score less than ninety points on two separate inspections within a consecutive three-year period; or (b) Food establishments fail to correct critical violations during an inspection. (3) Nothing herein shall prevent the department from: (a) Choosing not to pursue a case administratively. (b) Issuing a notice of correction in lieu of pursuing administrative action. (c) Negotiating settlement(s) of cases on such terms and for such reasons as it deems appropriate. [Statutory Authority: RCW 15.30.120 , 69.07.020 , 69.10.055 , and 16.49.025 . WSR 20-17-020, § 16-165-160, filed 8/6/20, effective 9/6/20. Statutory Authority: RCW 16.49.680 , 19.32.030 , 69.04.730 , 69.07.020 and 69.10.055 . WSR 99-13-001, § 16-165-160, filed 6/3/99, effective 7/4/99.]