Title 7
SECTION 322.15
322.15 APHIS review of permit applications; denial or revocation of permits.
§ 322.15 APHIS review of permit applications; denial or revocation of permits.(a) Review of permit applications to import restricted organisms - (1) Consultation. During our review of your permit application, we may consult with any Federal officials; appropriate officials of any State, Territory, or other jurisdiction in the United States in charge of research or regulatory programs relative to bees; and any other qualified governmental or private research laboratory, institution, or individual. We will conduct these consultations to gain information on the risks associated with the importation of the restricted organisms.
(2) Review by destination State. We will transmit a copy of your permit application, along with our anticipated decision on the application, to the appropriate regulatory official in the destination State for review and recommendation. A State's response, which we will consider before taking final action on the permit application, may take one of the following forms:
(i) The State recommends that we issue the permit;
(ii) The State recommends that we issue the permit with specified additional conditions;
(iii) The State recommends that we deny the permit application and provides scientific, risk-based reasons supporting that recommendation; or
(iv) The State makes no recommendation, thereby concurring with our decision regarding the issuance of the permit. 4
4 If a State regulatory official does not respond within 20 business days, we will conclude that the State has chosen to make no recommendation regarding the issuance of the permit.
(b) Results of review. After a complete review of your application, we will either:
(1) Issue you a written permit with, if applicable, certain specific conditions listed for the importation of the restricted organisms you applied to import. You must initial each condition on the proposed permit and return the proposed permit conditions to the Permit Unit before we will issue you a signed valid permit; or
(2) Notify you that your application has been denied and provide reasons for the denial.
(c) Denial of permit applications. APHIS will deny an application for a permit to import a restricted organism regulated under this subpart when, in its opinion, such movement would involve a danger of dissemination of an exotic bee disease or parasite, or an undesirable species or subspecies of honeybee. Danger of such dissemination may be deemed to exist when:
(1) Existing safeguards against dissemination are inadequate and no adequate safeguards can be arranged; or
(2) The potential for disseminating an exotic bee disease or parasite, or an undesirable species or subspecies of honeybee, with the restricted organism outweighs the probable benefits that could be derived from the proposed movement and use of the restricted organism; or
(3) When you, as a previous permittee, failed to maintain the safeguards or otherwise observe the conditions prescribed in a previous permit and have failed to demonstrate your ability or intent to observe them in the future; or
(4) The proposed movement of the restricted organism is adverse to the conduct of an eradication, suppression, control, or regulatory program of APHIS.
(5) APHIS may also deny a permit to import restricted organisms:
(i) To a person who has previously failed to comply with any APHIS regulation, except:
(A) A permit revoked in an investigation concerning that failure has been reinstated on appeal, at the discretion of APHIS; or
(B) All measures ordered by APHIS to correct the failure, including but not limited to, payment of penalties or restitution, have been complied with to the satisfaction of APHIS.
(ii) To a person who has previously failed to comply with any international or Federal regulation or instruction concerning the importation of prohibited or restricted foreign agricultural products; or
(iii) If the application for a permit contains information that is found to be materially false, fraudulent, deceptive, or misrepresentative.
(d) Cancellation of permits. (1) APHIS may cancel any outstanding permit whenever:
(i) We receive information subsequent to the issuance of the permit of circumstances that would constitute cause for the denial of an application for permit under paragraph (c) of this section; or
(ii) You, as the permittee, fail to maintain the safeguards or otherwise observe the conditions specified in the permit or in any applicable regulations.
(2) Upon cancellation of a permit, you must either:
(i) Surrender all restricted organisms to an APHIS inspector; or
(ii) Destroy all restricted organisms under the supervision of an APHIS inspector.
(e) Appealing the denial of permit applications or revocation of permits. If your permit application has been denied or your permit has been revoked, APHIS will inform you in writing, including by electronic methods, as promptly as circumstances permit and will include the reasons for the denial or revocation. You may appeal the decision by writing to APHIS within 10 business days from the date you received the communication notifying you of the denial or revocation of the permit. Your appeal must state all facts and reasons upon which you are relying to show that your permit application was wrongfully denied or your permit was wrongfully revoked. APHIS will grant or deny the appeal in writing and will state in writing the reason for the decision. The denial or revocation will remain in effect during the resolution of the appeal.
(Approved by the Office of Management and Budget under control number 0579-0207) [69 FR 61747, Oct. 21, 2004, as amended at 79 FR 19811, Apr. 10, 2014]