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<br />
<br />e
<br />
<br />holder of such a license is not by reason of
<br />the rights and privileges granted by that
<br />license immune from punishment for operat-
<br />ing a firearm or ammunition business or
<br />activity in violation of the provisions of any
<br />State or other law. Similarly, compliance with
<br />the provisions of any State or other law
<br />affords no immunity under Federal law or
<br />regulations. [5 927]
<br />S 178.59 Abandoned application.
<br />Upon receipt of an incomplete or improp-
<br />erly executed application on A TF form 7
<br />(5310.12), or ATF Form 8 (5310.11) Part II,
<br />the applicant shall be notified of the deficien-
<br />cy in the application. If the application is not
<br />corrected and returned within 30 days follow-
<br />ing the date of notification, the application
<br />shall be considered as having been aban-
<br />doned and the license fee returned.
<br />[T.O. ATF.135, 48 FA 24068, May 31, 1983]
<br />S 178.60 Certain continuances of business.
<br />A licensee who furnishes his license to
<br />the regional director (compliance) for correc-
<br />tion or endorsement in compliance with the
<br />provisions contained in this subpart may con-
<br />tinue his operations while awaiting its return.
<br />
<br />Subpart E-Llcense Proceedings
<br />
<br />e
<br />
<br />[18 U.S.C. 5923(e), (1)
<br />
<br />S 178.71 Denial of an application for li-
<br />cense.
<br />Whenever the regional director (compli-
<br />ance) has reason to believe that an applicant
<br />is not qualified to receive a license under the
<br />provisions of 5178.47, he may issue a notice
<br />of denial, on Form 4498, to the applicant. The
<br />notice shall set forth the matters of fact and
<br />law relied upon in determining that the appli-
<br />cation should be denied, and shall afford the
<br />applicant 15 days from the date of receipt of
<br />the notice in which to request a hearing to
<br />review the denial. If no request for a hearing
<br />is filed within such time, the application shall
<br />be disapproved and a copy, so marked, shall
<br />be returned to the applicant.
<br />
<br />S 178.72 Hearing after application denial.
<br />If the applicant for an original or renewal
<br />license desires a hearing to review the denial
<br />of his application, he shall file a request
<br />therefor, in duplicate, with the regional direc-
<br />tor (compliance) within 15 days after receipt
<br />of the notice of denial. The request should
<br />include a statement of the reasons therefor.
<br />On receipt of the request, the regional direc-
<br />tor (compliance) shall, as expeditiously as
<br />possible, make the necessary arrangements
<br />for the hearing and advise the applicant of the
<br />date, time, location, and the name of the
<br />officer before whom the hearing will be held.
<br />Such notification shall be made not less than
<br />10 days in advance of the date set for the
<br />hearing. On conclusion of the hearing and
<br />consideration of all relevant facts and circum-
<br />stances presented by the applicant or his
<br />representative, the regional director (compli-
<br />ance) shall render his decision confirming or
<br />reversing the denial of the application. If the
<br />decision is that the denial should stand, a
<br />certified copy of the regional director (compli-
<br />ance) findings and conclusions shall be fur-
<br />nished to the applicant with a final notice of
<br />
<br />e
<br />
<br />denial, Form 4501. A copy of the application,
<br />marked "Disapproved," will be returned to
<br />the applicant. If the decision is that the
<br />license applied for should be issued, the
<br />applicant shall be so notified, in writing, and
<br />the license shall be issued as provided by 5
<br />178.47.
<br />
<br />S 178.73 Notice of revocation.
<br />
<br />Whenever the regional director (compli-
<br />ance) has reason to believe that a licensee
<br />has willfully violated any provision of the Act
<br />or this part, a notice of revocation of the
<br />license, A TF Form 4500, may be issued. The
<br />notice shall set forth the matters of fact
<br />constituting the violations specified, dates,
<br />places, and the sections of law and regula-
<br />tions violated. The regional director (compli-
<br />ance) shall afford the licensee 15 days from
<br />the date of receipt of the notice in which to
<br />request a hearing prior to revocation of the
<br />license. If the licensee does not file a timely
<br />request for a hearing, the regional director
<br />(compliance) shall issue a final notice of
<br />revocation, ATF Form 4501, as provided in 5
<br />178.74.
<br />[T.O. ATF.241, 51 FR 39619, Oct. 29, 1986)
<br />
<br />S 178.74 Request for hearing after notice
<br />of revocation.
<br />
<br />If a licensee desires a hearing after re-
<br />ceipt of a notice of revocation of a license,
<br />the licensee shall file a request, in duplicate,
<br />with the regional director (compliance) within
<br />15 days after receipt of the notice of revoca-
<br />tion. On receipt of such request, the regional
<br />dire~or (compliance) shall, as expeditiously
<br />as possible, make necessary arrangements
<br />for the hearing and advise the licensee of the
<br />date, time, location and the name of the
<br />officer before whom the hearing will be held.
<br />Such notification shall be made not less than
<br />10 days in advance of the date set for
<br />hearing. On conclusion of the hearing and
<br />consideration of all the relevant presentations
<br />made by the licensee or the licensee's repre-
<br />sentative, the regional director (compliance)
<br />shall render a decision and shall prepare a
<br />brief summary of the findings and conclusions
<br />on which the decision is based. If the decision
<br />is that the license should be revoked, a
<br />certified copy of the summary shall be fur-
<br />nished to the licensee with the final notice of
<br />revocation on A TF Form 4501. If the decision
<br />is that the license should not be revoked, the
<br />licensee shall be notified in writing.
<br />[T.O. ATF.241, 51 FR 39619, Oct. 29, 1966)
<br />
<br />S 178.75 Service on applicant or licensee.
<br />
<br />All notices and other documents required
<br />to be served on an applicant or licensee
<br />under this subpart shall be served by certified
<br />mail or by personal delivery. Where service is
<br />by certified mail, a signed duplicate original
<br />copy of the document shall be mailed, with
<br />return receipt requested, to the applicant or
<br />licensee at the address stated in his applica-
<br />tion or license, or at his last known address.
<br />Where service is by personal delivery, a
<br />signed duplicate original copy of the docu-
<br />ment shall be delivered to the applicant or
<br />licensee, or, in the case of a corporation,
<br />partnership, or association, by delivering it to
<br />an officer, manager, or general agent thereof,
<br />or to its attorney of record.
<br />
<br />
<br />[Redesignated by T.O. ATF-241, 51 FA 39619, Oct 29, 1986]
<br />S 178.76 Representation at a hearing.
<br />An applicant or licensee may be repre-
<br />sented by an attorney, certified public ac-
<br />countant, or other person recognized to prac-
<br />tice before the Bureau of Alcohol, Tobacco
<br />and Firearms as provided in 31 CFR Part 8
<br />(Practice Before the Bureau of Alcohol, To-
<br />bacco and Firearms), if he has otherwise
<br />complied with the applicable requirements of
<br />Internal Revenue regulations, 26 CFR if
<br />601.521 - 601.527 (conference and practice
<br />requirements for alcohol, tobacco and fire-
<br />arms activities).
<br />The regional director (compliance) may
<br />be represented in proceedings by an attorney
<br />in the office of the regional counsel who is
<br />authorized to execute and file motions, briefs
<br />and other papers in the proceeding, on behalf
<br />of the regional director (compliance), as "At-
<br />torney for the Government."
<br />[Redesignated by T.O. ATF.241, 51 FA 39819, Oct. 29, 1986)
<br />S 178.77 Designated place of hearing.
<br />The designated place of the hearing shall
<br />be a location convenient to the aggrieved
<br />party.
<br />[T.O. ATF-241, 51 FR 39819, Oct. 29, 1986)
<br />S 178.78 Operations by licensees after
<br />notice.
<br />In any case where denial or revocation
<br />proceedings are pending before the Bureau
<br />of Alcohol, Tobacco and Firearms, or notice
<br />of denial or revocation has been served on
<br />the licensee and he has filed timely request
<br />for a hearing, the license in possession of the
<br />licensee shall remain in effect, even though:
<br />(a) Such license has expired; or
<br />(b) The revocation date specified in the
<br />notice of revocation on Form 4500 served on
<br />the licensee has passed:
<br />Provided, That under the condition of
<br />paragraph (a) of this section, the licensee has
<br />timely filed an application for the renewal of
<br />his license.
<br />If a licensee is dissatisfied with a post-
<br />hearing decision revoking the license or deny-
<br />ing the application, as the case may be, he
<br />may, pursuant to 18 U.S.C. 923(1)(3), within
<br />60 days after receipt of the final notice
<br />denying the application or revoking the li-
<br />cense, file a petition for judicial review of such
<br />action. Such petition should be filed with the
<br />U.S. district court for the district in which the
<br />applicant or licensee resides or has his princi-
<br />pal place of business.
<br />In such case, when the regional director
<br />(compliance) finds that justice so requires, he
<br />may:
<br />(1) Postpone the effective date of revoca-
<br />tion of a license; or
<br />(2) Authorize continued operations under
<br />the expired license, as applicable, pending
<br />judicial review.
<br />[T.O. ATF-48, 44 FR 55842, Sept 28, 1979; Redesignaled by
<br />T.O. ATF-241, 51 FR 39819, Oct 29. 1986]
<br />
<br />Subpart F-Conduct of Business
<br />
<br />S 178.91 Posting of license.
<br />Any license issued under this part shall
<br />be kept posted and kept available for inspec-
<br />
<br />31
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