                 TITLE 18--CRIMES AND CRIMINAL PROCEDURE
 
                             PART I--CRIMES
 
   CHAPTER 40--IMPORTATION, MANUFACTURE, DISTRIBUTION AND STORAGE OF 
                           EXPLOSIVE MATERIALS
 
Sec. 843. Licenses and user permits

    (a) An application for a user permit or a license to import, 
manufacture, or deal in explosive materials shall be in such form and 
contain such information as the Secretary shall by regulation prescribe. 
Each applicant for a license or permit shall pay a fee to be charged as 
set by the Secretary, said fee not to exceed $200 for each license or 
permit. Each license or permit shall be valid for no longer than three 
years from date of issuance and shall be renewable upon the same 
conditions and subject to the same restrictions as the original license 
or permit and upon payment of a renewal fee not to exceed one-half of 
the original fee.
    (b) Upon the filing of a proper application and payment of the 
prescribed fee, and subject to the provisions of this chapter and other 
applicable laws, the Secretary shall issue to such applicant the 
appropriate license or permit if--
        (1) the applicant (including in the case of a corporation, 
    partnership, or association, any individual possessing, directly or 
    indirectly, the power to direct or cause the direction of the 
    management and policies of the corporation, partnership, or 
    association) is not a person to whom the distribution of explosive 
    materials would be unlawful under section 842(d) of this chapter;
        (2) the applicant has not willfully violated any of the 
    provisions of this chapter or regulations issued hereunder;
        (3) the applicant has in a State premises from which he conducts 
    or intends to conduct business;
        (4) the applicant has a place of storage for explosive materials 
    which meets such standards of public safety and security against 
    theft as the Secretary by regulations shall prescribe; and
        (5) the applicant has demonstrated and certified in writing that 
    he is familiar with all published State laws and local ordinances 
    relating to explosive materials for the location in which he intends 
    to do business.

    (c) The Secretary shall approve or deny an application within a 
period of forty-five days beginning on the date such application is 
received by the Secretary.
    (d) The Secretary may revoke any license or permit issued under this 
section if in the opinion of the Secretary the holder thereof has 
violated any provision of this chapter or any rule or regulation 
prescribed by the Secretary under this chapter, or has become ineligible 
to acquire explosive materials under section 842(d). The Secretary's 
action under this subsection may be reviewed only as provided in 
subsection (e)(2) of this section.
    (e)(1) Any person whose application is denied or whose license or 
permit is revoked shall receive a written notice from the Secretary 
stating the specific grounds upon which such denial or revocation is 
based. Any notice of a revocation of a license or permit shall be given 
to the holder of such license or permit prior to or concurrently with 
the effective date of the revocation.
    (2) If the Secretary denies an application for, or revokes a 
license, or permit, he shall, upon request by the aggrieved party, 
promptly hold a hearing to review his denial or revocation. In the case 
of a revocation, the Secretary may upon a request of the holder stay the 
effective date of the revocation. A hearing under this section shall be 
at a location convenient to the aggrieved party. The Secretary shall 
give written notice of his decision to the aggrieved party within a 
reasonable time after the hearing. The aggrieved party may, within sixty 
days after receipt of the Secretary's written decision, file a petition 
with the United States court of appeals for the district in which he 
resides or has his principal place of business for a judicial review of 
such denial or revocation, pursuant to sections 701-706 of title 5, 
United States Code.
    (f) Licensees and permittees shall make available for inspection at 
all reasonable times their records kept pursuant to this chapter or the 
regulations issued hereunder, and shall submit to the Secretary such 
reports and information with respect to such records and the contents 
thereof as he shall by regulations prescribe. The Secretary may enter 
during business hours the premises (including places of storage) of any 
licensee or permittee, for the purpose of inspecting or examining (1) 
any records or documents required to be kept by such licensee or 
permittee, under the provisions of this chapter or regulations issued 
hereunder, and (2) any explosive materials kept or stored by such 
licensee or permittee at such premises. Upon the request of any State or 
any political subdivision thereof, the Secretary may make available to 
such State or any political subdivision thereof, any information which 
he may obtain by reason of the provisions of this chapter with respect 
to the identification of persons within such State or political 
subdivision thereof, who have purchased or received explosive materials, 
together with a description of such explosive materials.
    (g) Licenses and permits issued under the provisions of subsection 
(b) of this section shall be kept posted and kept available for 
inspection on the premises covered by the license and permit.

(Added Pub. L. 91-452, title XI, Sec. 1102(a), Oct. 15, 1970, 84 Stat. 
955.)

                          Transfer of Functions

    For transfer of certain enforcement functions of Secretary or other 
official in Department of Treasury under this chapter to Federal 
Inspector, Office of Federal Inspector for Alaska Natural Gas 
Transportation System, and subsequent transfer to Secretary of Energy, 
see Transfer of Functions note set out under section 841 of this title.


Continuation in Business or Operation of Any Person Engaged in Business 
                    or Operation on October 15, 1970

    Filing of application for a license or permit prior to the effective 
date of this section as authorizing any person engaged in a business or 
operation requiring a license or a permit on Oct. 15, 1970 to continue 
such business or operation pending final action on such application, see 
section 1105(c) of Pub. L. 91-452, set out as a note under section 841 
of this title.
