[Code of Federal Regulations]
[Title 9, Volume 1]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 9CFR2.11]

[Page 19]
 
                  TITLE 9--ANIMALS AND ANIMAL PRODUCTS
 
  CHAPTER I--ANIMAL AND PLANT HEALTH INSPECTION SERVICE, DEPARTMENT OF 
                               AGRICULTURE
 
PART 2_REGULATIONS--Table of Contents
 
                           Subpart A_Licensing
 
Sec. 2.11  Denial of initial license application.

    (a) A license will not be issued to any applicant who:
    (1) Has not complied with the requirements of Sec. Sec. 2.1, 2.2, 
2.3, and 2.4 and has not paid the fees indicated in Sec. 2.6;
    (2) Is not in compliance with any of the regulations or standards in 
this subchapter;
    (3) Has had a license revoked or whose license is suspended, as set 
forth in Sec. 2.10;
    (4) Has pled nolo contendere (no contest) or has been found to have 
violated any Federal, State, or local laws or regulations pertaining to 
animal cruelty within 1 year of application, or after 1 year if the 
Administrator determines that the circumstances render the applicant 
unfit to be licensed;
    (5) Is or would be operating in violation or circumvention of any 
Federal, State, or local laws; or
    (6) Has made any false or fraudulent statements or provided any 
false or fraudulent records to the Department or other government 
agencies, or has pled nolo contendere (no contest) or has been found to 
have violated any Federal, State, or local laws or regulations 
pertaining to the transportation, ownership, neglect, or welfare of 
animals, or is otherwise unfit to be licensed and the Administrator 
determines that the issuance of a license would be contrary to the 
purposes of the Act.
    (b) An applicant whose license application has been denied may 
request a hearing in accordance with the applicable rules of practice 
for the purpose of showing why the application for license should not be 
denied. The license denial shall remain in effect until the final legal 
decision has been rendered. Should the license denial be upheld, the 
applicant may again apply for a license 1 year from the date of the 
final order denying the application, unless the order provides 
otherwise.
    (c) No partnership, firm, corporation, or other legal entity in 
which a person whose license application has been denied has a 
substantial interest, financial or otherwise, will be licensed within 1 
year of the license denial.
    (d) No license will be issued under circumstances that the 
Administrator determines would circumvent any order suspending, 
revoking, terminating, or denying a license under the Act.

[54 FR 36147, Aug. 31, 1989, as amended at 69 FR 42101, July 14, 2004]

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