27 CFR Part 555.33 Background Checks and Clearances

[Code of Federal Regulations]
[Title 27, Volume 2]
[Revised as of April 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 27CFR555.33]

[Page 165-166]

TITLE 27--ALCOHOL, TOBACCO PRODUCTS AND FIREARMS

CHAPTER II--BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES,
DEPARTMENT OF JUSTICE

PART 555_COMMERCE IN EXPLOSIVES--Table of Contents

Subpart C_Administrative and Miscellaneous Provisions

Sec. 555.33 Background checks and clearances (effective May 24, 2003).

(a) Background checks. (1) If the Director receives from a licensee
or permittee the names and appropriate identifying information of
responsible persons and employees who will be authorized by the employer
to possess explosive materials in the course of employment with the
employer, the Director will conduct a background check in accordance
with this section.
(2) The Director will determine whether the responsible person or
employee is one of the persons described in any paragraph of section
842(i) of the Act (see Sec. 555.26). In making such determination, the
Director may take into account a letter or document issued under
paragraph (a)(3) of this section.
(3)(i) If the Director determines that the responsible person or the
employee is not one of the persons described in any paragraph of section
842(i) of the Act (see Sec. 555.26), the Director will notify the
employer in writing or electronically of the determination and issue, to
the responsible person or employee, as the case may be, a letter of
clearance which confirms the determination.
(ii) If the Director determines that the responsible person or
employee is one of the persons described in any paragraph of section
842(i) of the Act (see Sec. 555.26), ATF will notify the employer in
writing or electronically of the determination and issue to the
responsible person or the employee, as the case may be, a document that
confirms the determination; explains the grounds for the determination;
provides information on how the disability may be relieved; and explains
how the determination may be appealed. The employer will retain the
notification as part of his permanent records in accordance with Sec.
555.121. The employer will take immediate steps to remove the
responsible person from his position directing the management or
policies of the business or operations as they relate to explosive
materials or, as the case may be, to remove the employee from a position
requiring the possession of explosive materials. Also, if the employer
has listed the employee as a person authorized to accept delivery of
explosive materials, as specified in Sec. 555.103 or Sec. 555.105, the
employer must remove the employee from such list and immediately, and in
no event later than the second business day

[[Page 166]]

after such change, notify distributors of such change.
(b) Appeals and correction of erroneous system information. (1) In
general. A responsible person or employee may challenge the adverse
determination set out in the letter of denial, in writing and within 45
days of issuance of the determination, by directing his or her challenge
to the basis for the adverse determination, or to the accuracy of the
record upon which the adverse determination is based, to the Director.
The appeal request must include appropriate documentation or record(s)
establishing the legal and/or factual basis for the challenge. Any
record or document of a court or other government entity or official
furnished in support of an appeal must be certified by the court or
other government entity or official as a true copy. In the case of an
employee, or responsible person who did not submit fingerprints, such
appeal must be accompanied by two properly completed FBI Forms FD-258
(fingerprint card). The Director will advise the individual in writing
of his decision and the reasons for the decision.
(2) Employees. The letter of denial, among other things, will advise
an employee who elects to challenge an adverse determination to submit
the fingerprint cards as described above. The employee also will be
advised of the agency name and address that originated the record
containing the information causing the adverse determination
(``originating agency''). At that time, and where appropriate, an
employee is encouraged to apply to the originating agency to challenge
the accuracy of the record(s) upon which the denial is based. The
originating agency may respond to the individual's application by
addressing the individual's specific reasons for the challenge, and by
indicating whether additional information or documents are required. If
the record is corrected as a result of the application to the
originating agency, the individual may so notify ATF which will, in
turn, verify the record correction with the originating agency and take
all necessary steps to contact the agency responsible for the record
system and correct the record. The employee may provide to ATF
additional and appropriate documentation or record(s) establishing the
legal and/or factual basis for the challenge to ATF's decision to uphold
the initial denial. If ATF does not receive such additional
documentation or record(s) within 45 days of the date of the decision
upholding the initial denial, ATF will close the appeal.
(3) Responsible persons. The letter of denial, among other things,
will advise a responsible person of the agency name and address which
originated the record containing the information causing the adverse
determination (``originating agency''). A responsible person who elects
to challenge the adverse determination, where appropriate, is encouraged
to apply to the originating agency to challenge the accuracy of the
record(s) upon which the denial is based. The originating agency may
respond to the individual's application by addressing the individual's
specific reasons for the challenge, and by indicating whether additional
information or documents are required. If the record is corrected as a
result of the application to the originating agency, the individual may
so notify ATF which will, in turn, verify the record correction with the
originating agency and take all necessary steps to contact the agency
responsible for the record system and correct the record. A responsible
person may provide additional documentation or records as specified for
employees in paragraph (b)(2) of this section.

(Approved by the Office of Management and Budget under control number
1140-0081)

[ATF No. 1, 68 FR 13783, Mar. 20, 2003]