400.1 The Department may immediately suspend a Microenterprise Home Kitchen Business Registry Health Permit and Microenterprise Home Kitchen Vending Operation Health Permit by issuing a summary suspension order if the Department determines the microenterprise home kitchen business:

1. (a) Is not operating in compliance with these regulations;
2. (b) Is operating in an unsanitary manner;
3. (c) Is suspected of causing a foodborne outbreak or other public health emergency; or
4. (d) Has failed to comply with a cease-and-desist order or other Department directive.

400.2 A summary suspension shall remain in effect until the Department confirms through re-inspection or other means, that the public health hazard cited in the summary suspension order has been corrected. The Department shall provide the operator of the microenterprise home kitchen business with a Notice of Reinstatement.

400.3 If the operator of a microenterprise home kitchen business does not comply with any provision of these regulations or refuses to comply with a cease-and-desist order, summary suspension order, or any Department directive, the Microenterprise Home Kitchen Business Registry Health Permit and Microenterprise Home Kitchen Vending Operation Health Permit may be revoked. The operator shall be required to file a new application with the Department to resume business.

400.4 If the Department issues a Notice of Summary Suspension or a Notice to Revoke a Microenterprise Home Kitchen Business Registry Health Permit and Microenterprise Home Kitchen Vending Operation Health Permit, the operator may appeal the decision by requesting a hearing before the Office of Administrative Hearings within fifteen (15) days of receiving the notice.

SOURCE: Final Rulemaking published at 72 DCR 011556 (October 17, 2025).