[Code of Federal Regulations]
[Title 9, Volume 1]
[Revised as of January 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 9CFR82.13]

[Page 317-318]
 
                  TITLE 9--ANIMALS AND ANIMAL PRODUCTS
 
  CHAPTER I--ANIMAL AND PLANT HEALTH INSPECTION SERVICE, DEPARTMENT OF 
                               AGRICULTURE
 
PART 82_EXOTIC NEWCASTLE DISEASE (END) AND CHLAMYDIOSIS--Table of Contents
 
                Subpart A_Exotic Newcastle Disease (END)
 
Sec.  82.13  Denial and withdrawal of permits and special permits.

    (a) Denial. If the Administrator determines that the applicant for a 
permit or special permit is not complying with or could not comply with 
this subpart or any special conditions needed to prevent the 
dissemination of END, or, in the case of a special permit, that the 
special permit is not required under this subpart, the Administrator may 
deny the request for a permit or special permit. If the request is 
denied, the Administrator will send the applicant a written notice 
explaining why the permit or special permit was denied.
    (b) Withdrawal. The Administrator may withdraw a permit or special 
permit, orally or in writing, if he or she determines the person to whom 
the permit or special permit has been issued is violating either this 
subpart or some condition specified in the permit or special permit. The 
Administrator may withdraw the permit or special permit without advance 
notice if he or she determines that the person to whom the permit or 
special permit has been issued is violating either this subpart or some 
condition specified in the permit or special permit in a way that 
threatens the public health, interest, or safety. The Administrator will 
send the person to whom the permit or special permit has been issued a 
written explanation of why the permit or special permit is to be or was 
withdrawn.
    (c) Appeals. Denial or withdrawal of a permit or special permit may 
be appealed to the Administrator within 10 days after receipt of the 
written notice of denial or withdrawal. The appeal must be in writing 
\10\ and must state all of the facts and reasons upon which the

[[Page 318]]

person relies to show that the permit or special permit was wrongfully 
denied or withdrawn. The Administrator will grant or deny the appeal, in 
writing, explaining all of the reasons for the decision, as promptly as 
circumstances allow. In cases where there is a conflict as to any 
material fact, the person denied a permit or special permit, or from 
whom a permit or special permit is withdrawn, shall be given an 
opportunity for a hearing with respect to the merits of the validity of 
the denial or withdrawal in accordance with rules of practice adopted 
for the proceeding.
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    \10\ Written appeals should be sent to the Administrator, c/o 
Emergency Programs, Veterinary Services, Animal and Plant Health 
Inspection Service, 4700 River Road, Riverdale, MD 20737-1231.

(Approved by the Office of Management and Budget under control number 
0579-0116)