[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: 9CFR82.25]

[Page 322-323]
 
                  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 B_Chlamydiosis in Poultry
 
Sec.  82.25  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 spread of 
chlamydiosis, 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withdrawn.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 
\3\ and must state all of the facts and reasons upon which the person 
relies to show that the permit or special permit was wrongfully denied 
or withdrawn. The Administrator

[[Page 323]]

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 
or validity of the denial or withdrawal in accordance with rules of 
practice adopted for the proceeding.
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    \3\ See footnote 10 to Sec.  82.13.

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