§ 771.5 Meaning of terms.

  1. When used in this part and in forms prescribed under this part, where not otherwise distinctly expressed or manifestly incompatible with the intent thereof, terms shall have the meaning provided in this subpart. Words in the plural form shall include the singular, and vice versa, and words importing the masculine gender shall include the feminine.

  2. Administrative law judge. The person appointed pursuant to 5 U.S.C. 3105, designated to preside over any administrative proceedings under this part.

  3. Applicant. Any person who has filed an application for a license or permit under 18 U.S.C. chapter 40.

  4. Application. Any application for a license or permit, including renewal applications, under 18 U.S.C. chapter 40.

  5. ATF. The Bureau of Alcohol, Tobacco, Firearms, and Explosives, Department of Justice.

  6. Attorney for the Government. An attorney in the ATF Office of Chief Counsel authorized to represent the Director of Industry Operations in the proceeding.

  7. CFR. The Code of Federal Regulations.

  8. Contemplated notice. Includes any notice contemplating the revocation or denial of renewal of a license or permit.

  9. Director. The Director, Bureau of Alcohol, Tobacco, Firearms, and Explosives, Department of Justice.

  10. Director of Industry Operations. The principal ATF official in a Field Operations division responsible for administering regulations in this part.

  11. Ex parte communication. An oral or written communication not on the public record with respect to which reasonable prior notice to all parties is not given, but not including requests for status reports.

  12. Initial decision. The decision of the Director of Industry Operations in a proceeding concerning the revocation of, denial of renewal of, or denial of application for a license or permit. This decision becomes the agency's final decision in the absence of an appeal.

  13. Final decision. The definitive decision of ATF, e.g., the agency's decision in the absence of an appeal or the Director's decision following an appeal to the Director.

  14. License. Subject to applicable law, entitles the licensee to transport, ship, and receive explosive materials in interstate or foreign commerce, and to engage in the business specified by the license, at the location described on the license.

  15. Licensee. Any importer, manufacturer, or dealer licensed under the provisions of 18 U.S.C. chapter 40 and 27 CFR part 555.

  16. Limited permit. A permit issued to a person authorizing him to receive for his use explosive materials from a licensee or permittee in his State of residence on no more than six occasions during the 12-month period in which the permit is valid. A limited permit does not authorize the receipt or transportation of explosive materials in interstate or foreign commerce.

  17. Other term. Any other term defined in the Federal explosives laws (18 U.S.C. chapter 40), the regulations promulgated thereunder (27 CFR part 555), or the Administrative Procedure Act (5 U.S.C. 551 et seq.), where used in this part, shall have the meaning assigned to it therein.

  18. Permittee. Any user of explosives for a lawful purpose who has obtained either a user permit or a limited permit under 18 U.S.C. chapter 40 and 27 CFR part 555.

  19. Person. Any individual, corporation, company, association, firm, partnership, society, or joint stock company.

  20. Recommended decision. The advisory decision of the administrative law judge in any proceeding regarding the revocation of, denial of renewal of, or denial of application for a license or permit. ATF must act on a recommended decision with its own initial or final decision.

  21. User-limited permit. A user permit valid only for a single purchase transaction. Recipients of a user-limited permit must obtain a new permit for any subsequent purchase transaction.

  22. User permit. A permit issued to a person authorizing him to—

    1. 1.(1) Acquire for his own use explosive materials from a licensee in a State other than the State in which he resides or from a foreign country; and

    2. 2.(2) Transport explosive materials in interstate or foreign commerce.

  23. Willfulness. The plain indifference to, or purposeful disregard of, a known legal duty. Willfulness may be demonstrated by, but does not require, repeat violations involving a known legal duty.