r. in accorda[21 FR 1441, Mar. 6, 1956, as amended by the record. Appeals and petitions for e law jud T.D. 6389, 24 FR 4791, June 12, 1959. Redes- review shall not be decided by the Diunless he ignated at 40 FR 16835, Apr. 15, 1975) rector in any proceeding in which he s and decis has engaged in investigation or prosthe Direct Subpart 1 Review ecution, and in such event he shall so provided state his disqualification in writing nal regulato 8 200.115 Appeal on petition to the Direc and refer the record to the Under Sector. petition, retary for appropriate action. The of the ord An appeal is not required prior to Under Secretary may designate an Asthe Directe application to the Federal Courts for sistant Secretary or one of his princihe shall iss review. An appeal may be taken by the pal aides to consider any proceeding instead of the Director. The original applicant or respondent to the Directherewith tor from an administrative law judge's copy of the decision on review shall be of the ori decision suspending, revoking or an- placed in the official record of the prory administr nulling a permit or disapproving a re- ceeding, a signed duplicate original i the respon newal application, and from an order shall be served upon the applicant or py containin of the regional regulatory administra- respondent and a copy shall be transll be placed: tor disapproving an initial application mitted to the regional regulatory adne proceedin for a permit. Similarly, an appeal may ministrator. When, on appeal, the Di. nich a suspe: be taken by the regional regulatory rector affirms the decision of the regional reguh administrator from an administrative gional regulatory administrator or the er shall stat law judge's decision. Such appeal shall administrative law judge, as the case ension peria be taken by filing a petition for review may be, disapproving an application or nistrative la on appeal with the Director within 15 suspending, revoking or annulling a ommence a days of the service of the order or ad permit, such action shall not superministrative law judge's decision. The sede the decision of the regional regupetition must set forth facts tending latory administrator or the administo show (a) action of an arbitrary trative law judge and such decision nature, (b) action without reasonable ad shall be final. warrant in fact, or (c) action contrary rder suspend to law and regulations. A copy of the (26 U.S.C. 7805 (68A Stat. 917), 27 U.S.C. g a permit a petition shall be filed with the region- 205 (49 Stat. 981 as amended), 18 U.S.C. 926 pplication, he al regulatory administrator or served (82 Stat. 959), and Sec. 38, Arms Export order andd on the respondent, as the case may be. Control Act (22 U.S.C. 2778, 90 Stat. 744)) s based to the In the event of such appeal, the re- (21 FR 1441, Mar. 6, 1956. Redesignated at der be subse gional regulatory administrator shall 40 FR 16835, Apr. 15, 1975, and amended by complete view by the immediately forward the T.D. ATF-48, 43 FR 13531, Mar. 31, 1978) latory admin original record, by registered mail, to the Director, for his consideration and $ 200.117 Permit privileges, exceptions. review. Pending final determination of any timely appeal in revocation, suspen8 200.116 Review by Director. sion, annulment, or renewal applicaThe Director, on appeal on petition tion proceeding to the Director, the for review, shall afford a reasonable permit involved shall continue in force and effect except that, in the case of d at a place opportunity for the submission of pro posed findings, conclusions or excep- industrial use permits, any time after tions with reasons in support thereof a citation has been issued withdrawals and an opportunity for oral argument. of tax-free spirits or specially denaHe may alter or modify any finding of tured spirits by such permittee may, in the administrative law judge (or of the the discretion of the regional regularegional regulatory administrator in tory administrator or Director, be reinitial application proceedings) and stricted to the quantity which, togethmay affirm, reverse, or modify the de- er with the quantity then on hand, is cision of the administrative law judge necessary to carry on legitimate oper(or of the regional regulatory adminis- ations under such permit. The regiontrator in initial application proceed- al regulatory administrator may, in reings), or he may remand the case for stricting the permittee to his legitifurther hearing, but he shall not con- mate needs, refuse to issue any withsider evidence which is not a part of drawal permit. egulatory Director. ving violation issuance tation covers f issuance of egional regu such region earing. In all strative law complete and of the entire ; and a copy ional regula le region in ed who shall i accordance (T.D. 6389, 24 FR 4791, June 12, 1959. Redesignated at 40 FR 16835, Apr. 15, 1975) the action. The testimony shall be reduced to writing by the person taking the deposition, or under his direction, and the deposition shall be subscribed by the deponent unless subscribing thereof is waived in writing by the parties. Any person may be subpoe. naed to appear and depose and to produce documentary evidence in the same manner as witnesses at hearings. $ 200.118 Court review; permits under the Internal Revenue Code. If an applicant or respondent desires to have a decision of the administrative law judge, or a final order of the regional regulatory administrator or of the Director, reviewed on appeal by the Federal court, the regional regulatory administrator or the Director, upon notification that such an appeal has been taken shall have prepared in triplicate a complete transcript of the record of the proceeding. The regional regulatory administrator or the Director, as the case may be will certify to the correctness of such transcript of the record, forward one copy to the attorney for the Government in the review of the case, and file the original record of the proceedings with the original certificate in the district court. 8 200.126 Subpoenas. On written application by a party to a proceeding, the attendance and testimony of any person, or the production of documentary evidence in proceedings instituted under this part may be required by personal subpoena (Form 1644) or by subpoena duces tecum (Form 1645). Application should be addressed to, and subpoenas should be issued by, the administrative law judge before whom the proceedings are pending, but may be issued by the regional regulatory administrator or by the Director, if the administrative law judge is unavailable. Both the application and the subpoena shall set forth the title of the proceedings, the name and address of the person whose attendance is required, the date and place of his attendance and, if documents are to be produced, a description thereof; and the application must have reasonable scope and specify as exactly as possible the documents required, if any, and show their general relevance. Subpoenas shall be served in person. When issued on behalf of the United States, service shall be made by an officer, employee, or agent of the Treasury Department; when issued on behalf of a permittee or applicant, service shall be made by any person who is not a party to the proceeding and is not less than 18 years of age. (49 Stat. 977, 72 Stat. 1372; 27 U.S.C. 202, 26 U.S.C. 5274) t21 FR 1441, Mar. 6, 1956, as amended by T.D. 6389, 24 FR 4791, June 12, 1959. Redesignated at 40 FR 16835, Apr. 15, 1975) $ 200.119 Court review; basic permits. If an applicant or respondent desires to have a decision of the administrative law judge or a final order of the regional regulatory administrator, or the Director, reviewed on appeal by the United States Circuit Court of Appeals, as provided by law, the Director, upon notification of the filing of the petition for review, shall have prepared, in triplicate, a complete transcript of the record of the proceeding. The regional regulatory administrator or Director, as the case may be, will certify to the correctness of the record and file the original certificate with the original record in the Circuit Court of Appeals. (21 FR 1441, Mar. 6, 1956, as amended by T.D. 6389, 24 FR 4791, June 12, 1959. Redesignated at 40 FR 16835, Apr. 15, 1975) Subpart J-Miscellaneous 8 200.125 Depositions. The administrative law judge may take or order the taking of depositions by either party to the proceeding at such time and place as he may designate before a person having the power to administer oaths, upon application therefor and notice to the parties to $ 200.127 Witnesses and fees. Witnesses summoned before the ad. ministrative law judge may be paid the same fees and mileage that are paid witnesses in the courts of the United nd Firear Subpart B-Definitions Sec. 211.11 Meaning of terms. Subpart C—Administrative Provisions shall be erson tak is directie e subscrit subscrib: cing by t be subp - and top nce in t at hearing States, and witnesses whose depositions are taken and the persons taking the same shall severally be entitled to the same fees as are paid for like services in the courts of the United States. Witness fees and mileage shall be paid by the party at whose instance the witnesses appear and the person taking the deposition shall be paid by the party at whose instance the deposition is taken. AUTHORITIES 211.21 Forms prescribed. 211.22 Alternate methods or procedur and emergency variations from requi ments. 211.23 Formulas and processes. 211.24 Allowance of claims. 211.25 Permits. 211.26 Bonds and consents of surety. 211.27 Right of entry and examination. 211.28 Detention of containers. RECORD ADVERTISING AND SALE 211.29 Advertising. 211.30 Unlawful sale. y a party in procet the applica all set fort! $ 200.128 What constitutes record. The transcript of testimony, pleadings and exhibits, all papers and requests filed in the proceeding, together with all findings, decisions and orders, shall constitute the exclusive record. Where the decision rests on official notice of material fact not appearing in the record, the administrative law judge shall so state in his findings and any party shall, on timely request, be afforded an opportunity to show facts to the contrary. LIABILITY FOR TAX 211.31 Persons liable for tax. MARKS AND BRANDS; PACKAGING AND LABELII 211.33 Time of destruction of marks al brands. 211.33a ling. DOCUMENT REQUIREMENTS 211.34 Execution under penalties of perj ry. 211.35 Filing of qualifying documents. 8 200.129 Availability. A copy of the record shall be available for inspection by the parties to the proceedings during business hours at the office of the administrative law judge or the regional regulatory administrator or, pending administrative review, at the office of the Director. Copies of the record desired by the re ndent or applicant may be purchased from the contract reporter or may be obtained in accordance with Part 71 of this chapter. gs, the nam in whose at le date an: ind, if docu d, a descrip fication mus id specify a ocuments re their genera ill be servei on behalf of ice shall be yee, or ager ment; wher mittee or a nade by an y to the pro n 18 years of Subpart D-Qualification of Bonded Dealers and Users APPLICATION FOR INDUSTRIAL USE PERMIT 211.41 Application for bonded deal permit. 211.42 Application, Form 1479, for perm to use or recover. 211.42a Application, Form 4326, for limit industrial use and withdrawal permits. 211.43 Data for application, Forms 14' and 1479. 211.43a Data for application, Form 4326. 211.44 Exceptions to application requir ments. (5 U.S.C. 552(a) (80 Stat. 383, as amended)) [21 FR 1441, Mar. 6, 1956. Redesignated at 40 FR 16835, Apr. 15, 1975, and amended by T.D. ATF-92, 46 FR 46918, Sept. 23, 1981) ings. 211.52 Trade names. 211.53 Organizational documents. 90-093 0-82-43 211.101 General. 211.102 Formulas for rubbing alcohol. 211.103 Formulas for proprietary anti freeze solutions. 211.104 Reprocessors. 211.105 Statement of process. 211.106 Labels and advertising matter for articles. 211.140 Packaging by bonded dealers. 211.141 Encased containers. 211.142 Marks and brands on containers of specially denatured spirits. 211.143 Numbering of packages. 211.144 Illustration of marks. 211.145 Form 1467. SPECIAL INDUSTRIAL SOLVENTS 211.180 Manufacture. 211.181 Sales by producers. 211.182 Use in manufacturing articles for sale. 211.183 Sales to and by distributors. 211.183a Filling and labeling containers. 211.184 Numbering of containers. 211.185 Shipments in bulk conveyances. 211.185a Approval of shipments by agents. 211.185b Receipts. Subpart 1-Use of Specially Denatured Spirits by the United States or Governmental Agency 211.231 Application and permit. 211.232 Bond. 211.233 Procurement of specially dena tured spirits. 211.234 Preparation of Form 1473 by bonded dealer. 211.235 Receipt of shipment. 211.236 Discontinuance of use. RUBBING ALCOHOL 211.186 General. 211.187 Manufacture. |