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27 CFR Part 771

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Bureau of Alcohol, Tobacco, Firearms and Explosives

27 CFR Part 447

Importation of Arms, Ammunition and Implements of War

27 CFR Part 478

Commerce in Firearms and Ammunition

27 CFR Part 479

Machine Guns, Destructive Devices, and Certain Other Firearms

27 CFR Part 555

Commerce in Explosives

27 CFR Part 646

Contraband Cigarettes

27 CFR Part 771

Rules of Practice in Explosive License and Permit Proceedings

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§771

Effective 12/26/2019 to present.

Effective date is the date this part was last amended

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771.

SUBPART A - Scope and Construction of Regulations
§ 771.1 Scope of part.
§ 771.2 Liberal construction.
§ 771.3 Forms prescribed.
SUBPART B - Definitions
§ 771.5 Meaning of terms.
SUBPART C - General
§ 771.25 Communications and pleadings.
§ 771.26 Service on applicant, licensee, or permittee.
§ 771.27 Service on the Director of Industry Operations or Director.
TIME
§ 771.28 Computation.
§ 771.29 Continuances and extensions.
REPRESENTATION AT HEARINGS
§ 771.30 Personal representation.
§ 771.31 Attorneys and other representatives.
SUBPART D - Compliance and Settlement
§ 771.35 Opportunity for compliance.
§ 771.36 Settlement.
§ 771.37 Notice of contemplated action.
§ 771.38 Licensee's or permittee's failure to meet requirements within reasonable time.
§ 771.39 Authority of Director of Industry Operations to proceed with revocation or denial action.
SUBPART E - Revocation or Denial
§ 771.40 Denial of initial application.
§ 771.41 Denial of renewal application or revocation of license or permit.
§ 771.42 Grounds for revocation of licenses or permits.
§ 771.43 Grounds for denial of applications for licenses or permits.
SUBPART F - Hearing Procedure
NOTICES
§ 771.55 Content.
§ 771.56 Forms.
§ 771.57 Execution and disposition.
§ 771.58 Designated place of hearing.
REQUEST FOR HEARING
§ 771.59 Initial application proceedings.
§ 771.60 Revocation or denial of renewal proceedings.
§ 771.61 Notice of hearing.
NON-REQUEST FOR HEARING
§ 771.62 Initial application.
§ 771.63 Revocation or denial of renewal.
RESPONSES TO NOTICES
§ 771.64 Answers.
§ 771.65 Responses admitting facts.
§ 771.66 Initial conferences.
FAILURE TO APPEAR
§ 771.67 Initial applications.
§ 771.68 Revocation or denial of renewal.
WAIVER OF HEARING
§ 771.69 Withdrawal of request for hearing.
§ 771.70 Adjudication based upon written submissions.
SURRENDER OF LICENSE OR PERMIT
§ 771.71 Before citation.
§ 771.72 After citation.
MOTIONS
§ 771.73 General.
§ 771.74 Prior to hearing.
§ 771.75 At hearing.
HEARING
§ 771.76 General.
§ 771.77 Initial applications.
§ 771.78 Revocation or denial of renewal.
BURDEN OF PROOF
§ 771.79 Initial applications.
§ 771.80 Revocation or denial of renewal.
GENERAL
§ 771.81 Stipulations at hearing.
§ 771.82 Evidence.
§ 771.83 Closing of hearings; arguments, briefs, and proposed findings.
§ 771.84 Reopening of the hearing.
RECORD OF TESTIMONY
§ 771.85 Stenographic record.
§ 771.86 Oath of reporter.
SUBPART G - Administrative Law Judges
§ 771.95 Responsibilities of administrative law judges.
§ 771.96 Disqualification.
§ 771.97 Powers.
§ 771.98 Separation of functions.
§ 771.99 Conduct of hearing.
§ 771.100 Unavailability of administrative law judge.
SUBPART H - Decisions
§ 771.105 Administrative law judge's findings and recommended decision.
§ 771.106 Certification and transmittal of record and decision.
ACTION BY DIRECTOR OF INDUSTRY OPERATIONS
§ 771.107 Initial application proceedings.
§ 771.108 Director of Industry Operations' decision.
§ 771.109 Revocation or denial of renewal proceedings.
§ 771.110 Revocation or denial of renewal.
§ 771.111 Proceedings involving violations not within the division of issuance of license or permit.
SUBPART I - Review
§ 771.120 Appeal on petition to the Director.
§ 771.121 Review by Director.
§ 771.122 Denial of renewal or revocation.
§ 771.123 Court review.
SUBPART J - Miscellaneous
§ 771.124 Depositions.
§ 771.125 Witnesses and fees.
§ 771.126 Discovery.
§ 771.127 Privileges.
RECORD
§ 771.135 What constitutes record.
§ 771.136 Availability.

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12/26/2019
Final Rule
- Published 11/25/2019
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§ 771.109 Revocation or denial of renewal proceedings.

a.(a) Accepting the recommended decision. After consideration of the complete certified record of the hearing, if the Director of Industry Operations agrees with the recommended decision of the administrative law judge, the Director of Industry Operations shall enter an order revoking or denying the renewal of the license or permit or dismissing the proceedings in accordance with the administrative law judge's recommended decision.
b.(b) Rejecting the recommended decision. After consideration of the complete certified record of the hearing, if the Director of Industry Operations disagrees with the recommended decision of the administrative law judge, he may file a petition with the Director for review of the recommended decision, as provided in § 771.120. If the Director of Industry Operations files such a petition, he shall withhold issuance of the order pending the decision of the Director, upon receipt of which he shall issue the order in accordance with the Director's decision. A signed original of the order of the Director of Industry Operations shall be served upon the licensee or permittee or his representative and the original copy containing a certificate of service shall be placed in the official record of the proceeding.
c.(c) Decisions pursuant to § 771.78(b). In a case where the initial decision is made by the Director of Industry Operations in accordance with § 771.78(b), the Director of Industry Operations shall also issue an order revoking or denying the renewal of the license or permit, or dismissing the proceedings in accordance with his initial decision. A signed original of the decision and order of the Director of Industry Operations shall be served upon the licensee or permittee or his representative and the original copy placed in the official record of the proceeding.

Previous - § 771.108 Director of Industry Operations' decision.
Next - § 771.110 Revocation or denial of renewal.

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Disclaimer of Liability and Endorsement

Input weight of explosives

Maximum allowable input weight of 300,000 lbs (136,077 kg)

For weights above 10,000 lbs (4,535 kg) use table § 555.218

Maximum allowable input weight of 500lbs (226kg)

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Note: All calculations take into account requirements listed in table footnotes. Be advised that calculations may not match expected table values. Please be aware of footnote considerations when making calculations.