27 C.F.R. § 478.72

Hearing after application denial

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If the applicant for an original or renewal license desires a hearing to review the denial of his application, he shall file a request therefor, in duplicate, with the Director of Industry Operations within 15 days after receipt of the notice of denial. The request should include a statement of the reasons therefor. On receipt of the request, the Director of Industry Operations shall, as expeditiously as possible, make the necessary arrangements for the hearing and advise the applicant of the date, time, location, and the name of the officer before whom the hearing will be held. Such notification shall be made not less than 10 days in advance of the date set for the hearing. During the hearing the applicant will have the opportunity to submit facts and arguments for review and consideration; offers of settlement will not be entertained at the hearing but may be made before or after the hearing. On conclusion of the hearing and consideration of all relevant facts and circumstances presented by the applicant or his representative, the Director shall render his decision confirming or reversing the denial of the application. A copy of the application, marked “Disapproved,” will be returned to the applicant. If the decision is that the license applied for should be issued, the applicant shall be so notified, in writing, and the license shall be issued as provided by § 478.47.

[33 FR 18555, Dec. 14, 1968, as amended by ATF-27P, 74 FR 1878, Jan. 14, 2009; ATF 2013R-9F, 79 FR 46692, Aug. 11, 2014; ATF 2008R-15P; 81 FR 32235, May 23, 2016]

Notes of Decisions

Cited in 2 cases, 2007–2017 · leading case: Arwady Hand Trucks Sales, Inc. v. Vander Werf, 507 F. Supp. 2d 754 (S.D. Tex. 2007).

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Arwady Hand Trucks Sales, Inc. v. Vander Werf, 507 F. Supp. 2d 754 (S.D. Tex. 2007). · cites it 3× “§ 923 (f)(2) and 27 C.F.R. § 478.72 . Accordingly, on July 26, 2006, the ATF held a hearing in Houston, Texas at the ATF Houston Field Division Office (“ATF hearing”).”

Fulkerson v. Lynch, 261 F. Supp. 3d 779 (W.D. Ky. 2017). “See 27 C.F.R. § 478.72 (“During the hearing the applicant will have the opportunity to submit facts and arguments for review *787 and consideration^]”).”

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