9 CFR 2.11 - Denial of initial license application.

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There are 2 Updates appearing in the Federal Register for 9 CFR 2. View below or at eCFR (GPOAccess)
§ 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 §§ 2.1, 2.2, 2.3, and 2.4 and has not paid the fees indicated in § 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 § 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]

Title 9 published on 2013-01-01

The following are only the Rules published in the Federal Register after the published date of Title 9.

For a complete list of all Rules, Proposed Rules, and Notices view the Rulemaking tab.

  • 2013-09-18; vol. 78 # 181 - Wednesday, September 18, 2013
    1. 78 FR 57227 - Animal Welfare; Retail Pet Stores and Licensing Exemptions
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      DEPARTMENT OF AGRICULTURE, Animal and Plant Health Inspection Service
      Final rule.
      Effective Date: November 18, 2013.
      9 CFR Parts 1 and 2

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

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United States Code
U.S. Code: Title 7 - AGRICULTURE

§ 2131 - Congressional statement of policy

§ 2132 - Definitions

§ 2133 - Licensing of dealers and exhibitors

§ 2134 - Valid license for dealers and exhibitors required

§ 2135 - Time period for disposal of dogs or cats by dealers or exhibitors

§ 2136 - Registration of research facilities, handlers, carriers and unlicensed exhibitors

§ 2137 - Purchase of dogs or cats by research facilities prohibited except from authorized operators of auction sales and licensed dealers or exhibitors

§ 2138 - Purchase of dogs or cats by United States Government facilities prohibited except from authorized operators of auction sales and licensed dealers or exhibitors

§ 2139 - Principal-agent relationship established

§ 2140 - Recordkeeping by dealers, exhibitors, research facilities, intermediate handlers, and carriers

§ 2141 - Marking and identification of animals

§ 2142 - Humane standards and recordkeeping requirements at auction sales

§ 2143 - Standards and certification process for humane handling, care, treatment, and transportation of animals

§ 2144 - Humane standards for animals by United States Government facilities

§ 2145 - Consultation and cooperation with Federal, State, and local governmental bodies by Secretary of Agriculture

§ 2146 - Administration and enforcement by Secretary

§ 2147 - Inspection by legally constituted law enforcement agencies

§ 2148 - Importation of live dogs

§ 2149 - Violations by licensees

§ 2150 - Repealed.

§ 2151 - Rules and regulations

§ 2152 - Separability

§ 2153 - Fees and authorization of appropriations

§ 2154 - Effective dates

§ 2155 - Omitted

§ 2156 - Animal fighting venture prohibition

§ 2157 - Release of trade secrets

§ 2158 - Protection of pets

§ 2159 - Authority to apply for injunctions

Title 9 published on 2013-01-01

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 9 CFR 2 after this date.

  • 2013-10-24; vol. 78 # 206 - Thursday, October 24, 2013
    1. 78 FR 63408 - Petition To Amend Animal Welfare Act Regulations To Prohibit Public Contact With Big Cats, Bears, and Nonhuman Primates
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      DEPARTMENT OF AGRICULTURE, Animal and Plant Health Inspection Service
      Notice; reopening of comment period.
      The comment period for the notice published on August 5, 2013 (78 FR 47215) is reopened. We will consider all comments that we receive on or before November 18, 2013.
      9 CFR Parts 2 and 3