; or (ii) a misdemeanor under Federal law, if the conviction occurred not later than 3 years before the date of the application. (B) Excluded offenses A disqualifying offense does not include a Federal or State offense based on conduct that— (i) was legal under State law in the State when and where the conduct took place, or (ii) is, as of the date of the application, no longer an offense in that State. (b) Refusal of permit; hearing If upon examination of any application for a permit the Secretary has reason to believe that the applicant is not entitled to such permit, the Secretary shall so notify the applicant and, upon request by the applicant, afford the applicant due notice and opportunity for hearing on the application. If the Secretary, after affording such notice and opportunity for hearing, still finds that the applicant is not entitled to a permit hereunder, the Secretary shall by order deny the application stating the findings which are the basis for the order. (c) Form of application (1) Generally The Secretary shall— (A) prescribe the manner and form of applications for permits under this title (including the facts to be set forth in the application); (B) prescribe the form of such permits