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| Notices | 771.55 – 771.58 | |||||||||||||
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84 FR 64744, Nov. 25, 2019, unless otherwise noted.
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(a) Notices for the revocation or denial of renewal of a license or permit shall be promptly issued by the Director of Industry Operations and shall set forth:
(1) The sections of law and regulations relied upon for authority and jurisdiction;
(2) The specific grounds upon which the revocation or denial is based, i.e., the matters of fact constituting the violations specified, dates, places, and sections of law and regulations violated;
(3) In the case of a revocation, the date on which the action is effective; and
(4) That the licensee or permittee has 15 days from receipt of the notice within which to request a hearing before an administrative law judge.
(b) Notices for the denial of an initial application for a license or permit shall set forth:
(1) The sections of law and regulations relied upon for authority and jurisdiction;
(2) The specific grounds upon which the denial is based, i.e., the matters of fact and law relied upon for the disapproval of the application; and
(3) That the application will be disapproved unless a hearing is requested within 15 days from receipt of the notice.
Notices shall be issued on the following forms:
(a) ATF Form 5400.9, “Order After Denial or Revocation Hearing,” for all revocations or denials of renewal of licenses or permits pursuant to 18 U.S.C. chapter 40 after a hearing has been held and a Recommended Decision has been issued by the administrative law judge;
(b) Form 5400.10, “Notice of Revocation for License or Permit,” for all revocations of licenses or permits pursuant to 18 U.S.C. chapter 40, except as provided for in paragraph (a) of this section;
(c) Form 5400.11, “Notice of Denial of Application for License or Permit,” for the denial of renewal or original applications for licenses or permits pursuant to 18 U.S.C. chapter 40, except as provided for in paragraph (a) of this section;
(d) Form 5400.12, “Notice of Contemplated Denial or Revocation of License or Permit,” for the contemplated revocation or denial of renewal application of licenses or permits pursuant to 18 U.S.C. chapter 40; or
(e) Such other forms as the Director may prescribe.
A signed original of the applicable form shall be served on the licensee or permittee. If a hearing is requested, a copy shall be sent to the administrative law judge designated to conduct the hearing. Any remaining copies shall be retained for the office of the Director of Industry Operations.
The designated place of hearing shall be determined by the administrative law judge, taking into consideration the convenience and necessity of the parties and their representatives.