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vided, That the notice is answered in writing or a hearing is requested within 15 days after receipt of such notice, or within such different time as the Director, Office of Domestic Gold and Silver Operations, may, for special cause, prescribe.

(2) Notification by show-cause order. In the first instance, the Director, Office of Domestic Gold and Silver Operations, may, by registered letter addressed to the last address of the respondent on file with the Office of Domestic Gold and Silver Operations, require any such person to show cause why his Treasury Department gold license should not be revoked, modified or suspended, or to show cause why he should not be excluded from any privileges or authorizations conferred in Part 54 of this chapter. Such show-cause order shall set forth the specific violations charged, including references to the particular regulatory provisions alleged to have been violated, and shall give notice of the sanctions which may be imposed in the event respondent is found to have committed the alleged violations, i.e., whether his license will be revoked, modified or suspended, or he will be excluded from any privilege or authorization contained in Part 54 of this chapter or both. Such order shall advise the respondent that in the event of a failure to answer the charges in writing or to request a hearing within 15 days from the date of receipt of the show-cause order, or within such other time as the Director, Office of Domestic Gold and Silver Operations, shall, for special cause prescribe, he shall be held in default, in which case the Director shall issue a final decision, all intervening proceedings being deemed waived because of such default. A showcause order issued under this subparagraph may also require the appearance and testimony of any person believed to have knowledge of any pertinent facts, and the production of any documents or records specified in § 54.26 of this chapter, or otherwise deemed to be relevant to the inquiry.

(c) Requests for reconsideration. A written request for reconsideration of any action of which notification has been given under paragraph (b)(1) of this section, setting forth in detail the basis for such request, or an answer to a showcause order issued pursuant to paragraph (b) (2) of this section may be addressed to the Director, Office of Domestic Gold and Silver Operations, Treasury Depart

ment, Washington, D.C. 20220. In addition, upon written request the Director will schedule a formal hearing in the matter at which time there may be brought to the attention of the Office of Domestic Gold and Silver Operations any information bearing thereon. If the respondent so desires he may waive the formal hearing and have the case considered by the Director, Office of Domestic Gold and Silver Operations, on the basis of his written answer.

(d) Hearings-(1) Initiation of proceedings. In any case of a request for a formal hearing made in accordance with the provisions of paragraph (c) of this section, the Director, Office of Domestic Gold and Silver Operations, shall send a charging letter notifying the respondent of the basis upon which action denying his application, revoking, suspending, or modifying his license, or excluding him from any privilege or authorization contained in Part 54 of this chapter was taken. The charging letter shall inform the respondent of the time and place of the hearing, and shall be sent by registered mail to the last address of the respondent on file with the Office of Domestic Gold and Silver Operations. The specific violations charged and references to the particular laws and regulations alleged to have been violated shall be included in the charging letter: Provided, however, That, in the event that proceedings are initiated by show-cause order issued by the Director, Office of Domestic Gold and Silver Operations, in accordance with the provisions of paragraph (b)(2) of this section, such showcause order and any amendments thereto, shall constitute the charging letter.

(2) Preliminary informal conferences. Prior to any hearing conducted under subparagraph (3) of this paragraph, there may be held, at the request of either party and with the consent of both parties, a preliminary informal conference, for the purpose of settling or simplifying the issues by consent of the parties.

(3) Formal procedures—(i) Presiding officers. Hearings under this subparagraph shall be conducted by the Director, Office of Domestic Gold and Silver Operations, or by an independent hearing examiner duly appointed and qualified by the Civil Service Commission and designated by the Director, Office of Domestic Gold and Silver Operations, to preside. The presiding officer shall have authority in connection with the hear

ing to administer oaths and affirmations, rule upon offers of proof, take or cause depositions to be taken whenever the ends of justice would be served thereby, regulate the course of the hearing, hold conferences for the settlement or simplification of the issues by consent of the parties, dispose of procedural requests or similar matters, and take other action consistent with the rules and regulations of the Office of Domestic Gold and Silver Operations and other requirements of law.

(ii) Conduct of hearings. The Office of Domestic Gold and Silver Operations and the respondent may offer any oral or documentary evidence relevant and material to the charges specified in the charging letter or the show-cause order. The exclusionary rules of evidence prevailing in courts of law shall not be applied. However, irrelevant, immaterial, or unduly repetitious evidence shall be excluded. Respondent and the agency may be represented by counsel. The proceedings shall be duly reported and a full transcript thereof filed with Office of Domestic Gold and Silver Operations. After both parties have had a full opportunity to offer all oral and documentary evidence bearing on the charges, to conduct such cross-examination as may be required for a full and complete development of the facts, and to submit rebuttal evidence, the hearing examiner shall declare the hearing adjourned.

(iii) Submission of corrections in the record, proposed findings, and conclusions. Upon adjournment of the hearings, copies of the transcript shall be submitted to the respondent and to counsel for the Office of Domestic Gold and Silver Operations, who may, within 15 days after receipt thereof or within such other time as the presiding officer may, for special cause prescribe, submit to the presiding officer a statement in writing setting forth proposed findings and conclusions, which may be accompanied by a brief in support thereof, and proposed corrections in the record. The presiding officer may, upon the request of any party, allow the submission of a reply brief in any case involving disputed questions of law: Provided, however, That except in justified cases, the presiding officer shall allow, for the submission of a reply brief, a period of not more than ten days after the party requesting the opportunity to submit a reply has received the brief of the opposing party. If respondent or counsel for the Office of

Domestic Gold and Silver Operations submits any proposed findings or conclusions, briefs, or corrections in the record, he shall, as promptly as practicable, furnish copies thereof to the opposing side. All such submittals shall be a part of the record.

(iv) Requests to reopen a hearing. The presiding officer may upon written request reopen a proceeding at any time prior to his report, or should the Director, Office of Domestic Gold and Silver Operations, preside at the hearing, then prior to the final decision, for the purpose of hearing any relevant and material evidence which was unknown or which was unobtainable at the time of the original hearing. The request for reopening shall contain a summary of such evidence, the reasons why it is considered to be material and relevant, and the reasons why it could not have been presented at the original proceeding.

(v) Hearing examiner's report. In any case in which a hearing is conducted by an independent hearing examiner, such examiner, within 30 days after the expiration of the time allowed for filing proposed findings and conclusions and briefs, or within such different period as the Director, Office of Domestic Gold and Silver Operations, may prescribe, shall file with the Director. Office of Domestic Gold and Silver Operations, his report containing his findings of fact, recommended decision, and rulings on any corrections in the record submitted under subdivision (iii) of this subparagraph. A copy of such report shall be forthwith furnished to the respondent and to counsel for the Office of Domestic Gold and Silver Operations by the Director, Office of Domestic Gold and Silver Operations.

(vi) Exceptions. Within 15 days after receipt of a copy of the hearing examiner's report the respondent or counsel for the Office of Domestic Gold and Silver Operations may file exceptions to the recommended decision of the hearing examiner, or any portion thereof, or to his failure to follow a proposed finding or conclusion, or to the admission or exclusion of evidence, and within such period he may file a brief in support of his contentions and exceptions. All such submittals shall be addressed to the Director, Office of Domestic Gold and Silver Operations. A copy of such exceptions and briefs shall be furnished to the opposing side.

(vii) Decision. Final decision in the case shall be made by the Director, Office of Domestic Gold and Silver Operations, after reviewing the record and all exceptions thereto. Copies of such decision shall forthwith be furnished to the respondent and to counsel for the Office of Domestic Gold and Silver Operations.

(e) Issuance of temporary license or authorization. Any person whose license has been suspended, revoked or modified, or who has been excluded from any of the privileges or authorizations conferred in Part 54 of this chapter, and who has requested a reconsideration of such suspension, revocation, modification or exclusion, in accordance with the provisions of paragraphs (c) and (d) of this section may be permitted during the pendency of any such proceeding, to operate under a temporary license or authorization upon such terms and conditions as the Director, Office of Domestic Gold and Silver Operations, shall prescribe, unless, in the opinion of the Director, the issuance of such a temporary license or authorization would be contrary to the public interest.

Subpart B-Description of Forms and Required Statements

§ 93.40

Description of; copies of forms. The descriptions of the forms and required statements contained in this subpart are not intended to indicate the detail of the forms but are merely general references to the use and content thereof. Copies of the forms may be obtained from the Treasury Department, Office of Domestic Gold and Silver Operations, Washington, D.C. 20220.

FORMS RELATING TO GOLD MATTERS

§ 93.41 Form TG-11: Application for license to export gold coin.

(See §§ 54.20 and 54.25 (b)(3) of this chapter.) The applicant is required to submit a description of each coin, including date, denomination, country of issue, condition, mint mark (if any), and design. Port of export and the name and address of the person to whom the gold coins will be exported are also required to be stated.

§ 93.42 Form TG-12: Application for a gold license.

This form is to be used in applying for an initial license, or for a modification or renewal of an existing license to

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§ 93.44

Form TGR-13: Semiannual report for holders of licenses on Form TGL-13 and TGL-13-A.

This report is required of holders of gold licenses on Form TGL-13 and TGL13-A. Detailed information is required concerning the acquisition, holding and disposition of gold by the licensee during the 6-months' period.

§ 93.45 Form TGR-14: Semiannual report for holders of licenses on Form TGL-14.

This report is required of holders of gold licenses on Form TGL-14. Detailed information is required concerning the acquisition, holding and disposition of gold by the licensee during the 6-months' period.

§ 93.46

Form TG-15: Application for license to export or transport gold bullion from the continental United States.

(See § 54.25(b)(1) of this chapter.) Information is required concerning the amount and invoiced sales price of the gold which it is desired to export, the description of the gold, the port of export, the consignee, and the purposes for which the gold will be used abroad. [35 F.R. 6390, Apr. 21, 1970]

§ 93.48 Form TG-15 (General): Application for general license to export gold bullion from the United States. (See § 54.25(b)(1) of this chapter.) Application is submitted on this form instead of Form TG-15 if the applicant desires to obtain a license to cover recurring shipments to regular customers for specified amounts and types of gold. This application is required to be sub

mitted on a semiannual basis, and information is required with respect to each consignee.

[35 F.R. 6390, Apr. 21, 1970]

§ 93.52 Form TG-16: Certification accompanying export declaration for gold refined from imported goldbearing materials.

(See § 54.32 of this chapter.) The applicant is required to submit information as to the amount of refined gold to be exported, names and addresses of the immediate and ultimate consignees, the location of the plant at which the gold was refined, and the ports of export; and to make certain representations concerning its interest in the gold.

§ 93.53 Supplemental to application on Form TG-16: Certificate of no Communist Chinese or North Korean interest.

This certificate is required to be executed by persons abroad effecting sale of gold refined from imported gold-bearing materials and filed in support of Form TG-16. Information is required concerning the gold to be re-exported and the foreign consignee. The signer is required to certify that he has no information other than that set forth on the form that any designated national as defined in the Foreign Assets Control Regulations (Chapter V of this title) may have or may obtain any interest in the refined gold, which is to be re-exported, or that any person with whom the signer has had dealings in connection with such gold may be, or may have been acting on behalf of any designated national as defined in the Foreign Assets Control Regulations (Chapter V of this title).

§ 93.54 Form TG-17: Application for license to import, hold, transport, and export transit gold.

(See § 54.33 of this chapter.) The applicant is required to submit information concerning the entry and re-export of gold, the amount and description of the gold, the name and address of the consignee, and place of delivery abroad. § 93.55 Form TG-18: Application for license to acquire, transport, melt or treat, import, export or earmark gold or hold gold in custody for foreign or domestic account.

(See § 54.34 of this chapter.) Application is made on this form for a license to deal in gold for purposes other than

those specified in Part 54 of this chapter (Gold Regulations) which in the judgment of the Secretary of the Treasury are not inconsistent with the purposes of the Gold Reserve Act of 1934 and section 5(b) of the Act of October 6, 1917, as amended. The applicant is required to submit a complete statement of the nature of the transaction or type of transactions for which the gold is to be used, the reasons why gold is required, and the grounds on which he bases his belief that such use of the gold is not inconsistent with such acts.

§ 93.57 Form TG-29: End-use certificate for semiprocessed gold.

The purchaser of semi-processed gold from refiners in amounts in excess of $200 is required to certify on this form as to the end-use of the gold purchased. § 93.58 Form TG-30: Statement of holder of melted gold.

This statement is required of persons holding gold in melted or treated form which was required to be delivered to the United States under the gold orders or which is not authorized to be held under Part 54 of this chapter. Information is required concerning the acquisition, and the melting and treating of the gold.

§ 93.59 Form TG-31: Application for license to import gold coin.

(See § 54.20 of this chapter.) The applicant is required to submit a description of each coin, including date, denomination, country of issue, condition, and mint mark (if any), person from whom to be acquired and purpose for which it will be used.

§ 93.60 Form TG-32: Application for license to acquire, import, hold, and transport rare gold bars.

(See § 54.35(a) of this chapter.) The applicant is required to submit a description of each bar, including the size, weight, and all markings appearing on it, the name of the person from whom it is to be acquired and such other information and evidence as, in the judgment of the Director, Office of Domestic Gold and Silver Operations, is necessary to establish the numismatic value and authenticity of the bar.

§ 93.61 Form TG-33: Application for license to export rare gold bars.

(See 54.35(b) of this chapter.) The applicant is required to submit the num

ber of the Treasury gold license pursuant to which he has acquired such bars, the purpose for which each such bar is to be exported and information concerning the foreign consignee.

§ 93.62 Form TG-34: Certificate of exporter of gold recovered from natural deposits in the United States or any place subject to the jurisdiction of the United States.

This form is required from all exporters of gold pursuant to § 54.25(b) of this chapter. It should be filed in duplicate. The original should be submitted to the U.S. Customs Office at the port of export and the second copy should be sent to the Director, Office of Domestic Gold and Silver Operations, Washington, D.C. 20220. Information is required concerning the amount, source and description of the gold to be exported, the consignee, and the license or other authorization pursuant to which the exporter has acquired and held gold in such form and amount in the United States.

FORMS RELATING TO SILVER MATTERS § 93.75

Forms prescribed for deposits of silver under section 104 of the Act of July 23, 1965.

The following forms are required to be submitted to the U.S. mint or assay office in connection with the deposit of newly mined domestic silver pursuant to section 104 of the Act of July 23, 1965 (Part 81 of this chapter).

Certificate by

(a) Form TSA-100: owner relative to silver mined subsequent to July 23, 1965. This certificate is required to be submitted by the owner with each deposit of silver and requires information concerning the date the silver was mined and the ownership thereof.

(b) Form TSA-200: Certificate of miner relative to silver mined subsequent to July 23, 1965. This is a supporting certificate required to be submitted with Form TSA-100 except in cases where Form TSA-200A, set forth in paragraph (c) of this section, is applicable. It must be executed by the miner and contain information concerning the silver, the date it was mined, the location of the mine, the mint, assay office, smelter or refiner to which it was delivered, and the amount thereof.

(c) Form TSA-200A: Certificate of miner relative to silver taken subsequent to July 23, 1965, from mine dumps and tailing piles which existed as such on

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midnight July 23, 1965. This is also a supporting certificate required to be filed with Form TSA-100, whenever applicable in lieu of Form TSA-200 set forth in paragraph (b) of this section. The miner is required to certify that the silver was derived in the manner and from the source set forth therein. Information is also required concerning the date the silver was recovered, the location of the mine, the mint, assay office, smelter, or refiner to which the silver was delivered and the amount thereof.

(d) Form TSA-300: Report of person delivering silver pursuant to the provisions of section 104 of the Act of July 23, 1965, and the regulations issued thereunder. This must be submitted monthly by persons delivering silver to a U.S. mint or assay office under section 104 of the Act of July 23, 1965. Information is required concerning acquisitions, holdings, and dispositions of silver mined subsequent to July 23, 1965.

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