[Code of Federal Regulations] [Title 27, Volume 1] [Revised as of April 1, 2005] From the U.S. Government Printing Office via GPO Access [CITE: 27CFR71.1] [Page 1170-1171] TITLE 27--ALCOHOL, TOBACCO PRODUCTS AND FIREARMS CHAPTER I--ALCOHOL AND TOBACCO TAX AND TRADE BUREAU, DEPARTMENT OF THE TREASURY PART 71_RULES OF PRACTICE IN PERMIT PROCEEDINGS--Table of Contents Subpart A_Scope and Construction of Regulations Sec. 71.1 Scope of part. Subpart A_Scope and Construction of Regulations Sec. 71.1 Scope of part. 71.2 Liberal construction. 71.3 Forms prescribed. Subpart B_Definitions 71.5 Meaning of terms. Subpart C_General 71.25 Communications and pleadings. 71.26 Service on applicant or respondent. 71.27 Service on the director of industry operations or Director. Time 71.28 Computation. 71.29 Continuances and extensions. Representation at Hearings 71.30 Personal representation. 71.31 Attorneys and other representatives. Subpart D_Compliance and Settlement 71.35 Opportunity for compliance. Informal Settlement 71.36 General. 71.37 Notice of contemplated action. 71.38 Limitation on informal settlement. Subpart E_Grounds for Citation 71.45 Basic permits. 71.46 Tobacco permits. 71.48 Operating permits and industrial use permits. 71.49 Applications for basic permits. 71.49a Applications for operating permits and industrial use permits. 71.49b Applications for tobacco permits. Subpart F_Hearing Procedure Citations 71.55 Content. 71.56 Form. 71.57 Execution and disposition. 71.58 Designated place of hearing. Request for Hearing 71.59 Application cases. 71.60 Suspension, revocation, or annulment proceedings. 71.61 Notice of hearing. Non-Request for Hearing 71.62 Application. 71.63 Suspension, revocation, or annulment proceedings. Answers 71.64 When required. 71.65 Answer admitting facts. 71.66 Prehearing conferences. Failure to Appear 71.67 Applications. 71.68 [Reserved] 71.69 Suspension, revocation, or annulment. Waiver of Hearing 71.70 Application proceedings. 71.71 Adjudication based upon written submissions. Surrender of Permit 71.72 Before citation. 71.73 After citation. Motions 71.74 General. 71.75 Prior to hearing. 71.76 At hearing. Hearing 71.77 General. 71.78 Applications. 71.79 Suspension, revocation, or annulment. Burden of Proof 71.80 Applications. 71.81 Suspension, revocation, or annulment. General 71.82 Stipulations at hearing. 71.83 Evidence. 71.84 Closing of hearings; arguments, briefs and proposed findings. 71.85 Reopening of the hearing. Record of Testimony 71.86 Stenographic record. 71.87 Oath of reporter. Subpart G_Administrative Law Judges 71.95 Responsibilities of administrative law judges. 71.96 Disqualification. 71.97 Powers. 71.98 Separation of functions. 71.99 Conduct of hearing. 71.100 Unavailability of administrative law judge. Subpart H_Decisions 71.105 Administrative law judge's finding and decision or recommended decision. 71.106 Certification and transmittal of record and decision. [[Page 1171]] Action by Director of Industry Operations 71.107 Application proceedings. 71.107a Director of Industry Operations' decision. 71.108 Suspension, revocation, or annulment proceedings. 71.109 Notice to Director. 71.110 Proceedings involving violations not within region of issuance of permit. Subpart I_Review 71.115 Appeal on petition to the Director. 71.116 Review by Director. 71.117 Permit privileges, exceptions. 71.118 Court review. 71.119 [Reserved] Subpart J_Miscellaneous 71.125 Depositions. 71.126 Subpoenas. 71.127 Witnesses and fees. Record 71.128 What constitutes record. 71.129 Availability. Authority: 26 U.S.C. 5271, 5181, 5713, 7805, 27 U.S.C. 204. Source: 21 FR 1441, Mar. 6, 1956, unless otherwise noted. Redesignated at 40 FR 16835, Apr. 15, 1975, and further redesignated by T.D. ATF-463, 66 FR 42734, Aug. 15, 2001. Editorial Note: Nomenclature changes to part 71 appear by T.D. ATF- 414, 64 FR 49084, Sept. 10, 1999 and T.D. ATF-463, 66 FR 42734, 42735, Aug. 15, 2001. The regulations in this part govern the procedure and practice in connection with the disapproval of applications for basic permits, and for the suspension, revocation and annulment of such permits under sections 3 and 4 of the Federal Alcohol Administration Act (27 U.S.C. 201 et seq.) and disapproval, suspension, and revocation of permits under title 26 of the U.S. Code. The regulations in this part shall also govern, insofar as applicable, any adversary proceeding involving adjudication required by statute to be determined on the record after opportunity for hearing, under laws administered by the Bureau of Alcohol, Tobacco and Firearms. [21 FR 1441, Mar. 6, 1956, as amended by T.D. 6389, 24 FR 4790, June 12, 1959. Redesignated at 40 FR 16835, Apr. 15, 1975] Editorial Note: For Federal Register citations affecting Sec. 71.1, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and on GPO Access.