[Code of Federal Regulations]
[Title 22, Volume 1]
[Revised as of April 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 22CFR62.50]

[Page 308-312]
 
                       TITLE 22--FOREIGN RELATIONS
 
                     CHAPTER I--DEPARTMENT OF STATE
 
PART 62--EXCHANGE VISITOR PROGRAM--Table of Contents
 
                          Subpart D--Sanctions
 
Sec. 62.50  Sanctions.


    (a) Reason for sanctions. The Department of State may, upon a 
determination by the office of Exchange Visitor Program Services 
(``EVPS''), impose sanctions against a sponsor which has:
    (1) Willfully or negligently violated one or more provisions of this 
part;
    (2) Evidenced a pattern of willful or negligent failure to comply 
with one or more provisions of this part;
    (3) Committed an act of omission or commission which has or could 
have the effect of endangering the health, safety, or welfare of an 
exchange visitor; or
    (4) Committed an act or acts which may have the effect of bringing 
the Department of State or the Exchange Visitor Program into notoriety 
or disrepute.
    (b) Lesser sanctions. (1) In order to ensure full compliance with 
the regulations in this part, the Department of State, in its discretion 
and depending on the nature and seriousness of the violation, may impose 
any or all of the following sanctions (``lesser sanctions'') on a 
sponsor for any of the reasons set forth in Sec. 514.50(a):
    (i) A written reprimand to the sponsor, with a warning that repeated 
or

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persistent violations of the regulations in this Part may result in 
suspension or revocation of the sponsor's exchange visitor program 
designation, or other sanctions as set forth herein;
    (ii) A declaration placing the exchange visitor sponsor on 
probation, for a period of time determined by the Department of State in 
its discretion, signifying a pattern of serious willful or negligent 
violation of regulations such that further violations could lead to 
suspension or revocation;
    (iii) A corrective action plan designed to cure the sponsor's 
violations; or
    (iv) A limitation or reduction in the authorized number of exchange 
visitors in the sponsor's program or in the geographic area of the 
sponsor's recruitment or activity.
    (2) Within ten days of service of the written notice to the sponsor 
imposing any of the sanctions set forth in this paragraph, the sponsor 
may submit to EVPS any statement or information, including, if 
appropriate, any documentary evidence or affidavits in opposition to or 
mitigation of the sanction, and may request a conference. Upon its 
review and consideration of such submission, the Department of State 
may,in its discretion, modify, withdraw, or confirm such sanction. All 
materials submitted by the sponsor shall become a part of the sponsor's 
file with EVPS. The decision of EVPS is not appealable with regard to 
lesser sanctions in paragraphs (b)(1)(i) to (iv), if:
    (i) The proposed limitation in the size of the sponsor's program is 
equivalent to 10 percent or less of the number of authorized visitors in 
the sponsor's program during the previous calendar year; or
    (ii) The proposed limitation in the size of the sponsor's program 
will not cause a significant financial burden for the sponsor.
    (c) Suspension or significant program limitation. (1) Upon a finding 
that a suspension, or a reduction in the sponsor's program equivalent to 
a number greater than 10 percent of the number of authorized visitors, 
is warranted for any of the reasons set forth at Sec. 514.50(a), EVPS 
shall give written notice to the sponsor of the Department of State's 
intent to impose the sanction, specifying therein the reasons for such 
sanction and the effective date thereof, which shall not be sooner than 
30 days after the date of the letter of notification.
    (2) Prior to the proposed effective date of such sanction, the 
sponsor may submit a protest to EVPS, setting forth therein any reasons 
why suspension should not be imposed, and presenting any documentary 
evidence in support thereof, and demonstrating that the sponsor is in 
compliance with all lawful requirements. All materials submitted by the 
sponsor shall become a part of the sponsor's file with EVPS.
    (3) EVPS shall review and consider the sponsor's submission and, 
within seven (7) days of receipt thereof, notify the sponsor in writing 
of its decision on whether the sanction is to be affected. In the event 
that the decision is to impose the sanction, such notice shall inform 
the sponsor of its right to appeal the sanction and of its right to a 
formal hearing thereon.
    (4) The sponsor may within ten (10) days after receipt of the 
aforesaid notice effecting the sanction, appeal the sanction to the 
Exchange Visitor Program Designation, Suspension and Revocation Division 
(``Division'') by filing a notice of appeal with the Department of 
State's Bureau of Consular Affairs, room 700, 301 4th Street, SW., 
Washington, DC 20547. The filing of the notice of appeal shall serve to 
stay the effective date of the sanction pending appeal.
    (5) Upon receipt of the notice of appeal, the Bureau of Consular 
Affairs or his or her designee, shall, within ten (10) days, convene the 
Division. Thereafter, proceedings before the Division shall follow the 
regulations set forth in Sec. 514.50(i), infra.
    (d) Summary suspension. (1) EVPS may, upon a finding that a sponsor 
has willfully or negligently committed a serious act of omission or 
commission which has or could have the effect of endangering the health, 
safety, or welfare of an exchange visitor, and upon written notice to 
the sponsor specifying the reason therefor and the effective date 
thereof, notify the sponsor of the Department of State's intent to

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suspend the designation of the sponsor's program for a period not to 
exceed sixty (60) days.
    (2) No later than three (3) days after receipt of such notification, 
the sponsor may submit a rebuttal to the EVPS, setting forth therein any 
reasons why a suspension should not be imposed.
    (3) The sponsor may present any statement or information in such 
protest, including, if appropriate, any documentary evidence or 
affidavits in opposition to or mitigation of the sanction, and 
demonstrating that the sponsor is in compliance with all lawful 
requirements. All materials submitted by the sponsor shall become a part 
of the sponsor's file with EVPS. Within three (3) days of receipt of 
such submissions, EVPS shall notify the sponsor in writing of its 
decision whether to effect the suspension. In the event the decision is 
to effect the suspension, such notice shall advise the sponsor of its 
right to appeal the suspension and of its right to a formal hearing 
thereon.
    (4) The sponsor may, within ten (10) days after receipt of the 
aforesaid notice continuing the suspension, appeal the suspension to the 
Division by filing a notice of appeal with the Department of State's 
Bureau of Consular Affairs, room 700, 301 4th Street, SW., Washington, 
DC 20547. The filing of the notice of appeal of a summary suspension 
shall not serve to stay the suspension pending appeal.
    (5) Upon receipt of the notice of appeal, the Bureau of Consular 
Affairs or his or her designee shall, within ten (10) days, convene the 
Division. Thereafter, proceedings before the Division shall follow the 
regulations set forth in Sec. 514.50(i), infra.
    (e) Revocation. (1) EVPS may, for any reason set forth at 
Sec. 514.50(a), give the sponsor not less than thirty (30) days notice 
in writing of its intent to revoke the sponsor's exchange visitor 
program designation, specifying therein the grounds for such revocation 
and the effective date of the revocation. Revocation need not be 
preceded by the imposition of a summary suspension, a suspension, or any 
lesser sanctions.
    (2) Within ten (10) days of receipt of the aforesaid notice of 
intent to revoke, the sponsor shall have an opportunity to show cause as 
to why such revocation should not be imposed, and may submit to EVPS any 
statement of information, including, if appropriate, any documentary 
evidence or affidavits in opposition to or mitigation of the violations 
charged, and demonstrating that the sponsor is in compliance with all 
lawful requirements. All materials submitted by the sponsor shall become 
a part of the sponsor's file with EVPS.
    (3) EVPS shall review and consider the sponsor's submission and, 
thereafter, notify the sponsor in writing of its decision on whether the 
revocation is to be effected. In the event that the decision on whether 
the revocation is to effect the revocation, such notice shall advise the 
sponsor of its right to appeal the revocation and of its right to a 
formal hearing thereon.
    (4) The sponsor may, within twenty (20) days after receipt of the 
aforesaid notice effecting the revocation, appeal the revocation to the 
Division by filing a notice of appeal with the Department of State's 
Bureau of Consular Affairs, room 700, 301 4th Street, SW., Washington, 
DC 20547. The filing of the notice of appeal shall serve to stay the 
effective date of the revocation pending appeal.
    (5) Upon receipt of the notice of appeal the Bureau of Consular 
Affairs or his or her designee shall, within ten (10) days, convene the 
Division. Thereafter, proceedings before the Division shall follow the 
regulations set forth in Sec. 514.50(i), infra.
    (f) Responsible officers. (1) The Department of State may direct a 
sponsor to summarily suspend, suspend or revoke the appointment of a 
responsible officer or alternate responsible officer for any of the 
reasons set forth in paragraph ``(a)'' above.
    (2) In the event that such action is directed, the sponsor shall be 
entitled to all of the rights of review or appeal that are accorded to a 
sponsor under paragraphs ``(b)'', ``(c)'', ``(d)'', and ``(e)'' of this 
section.
    (g) Denial of application for redesignation. (1) EVPS shall give an 
applicant for redesignation not less than thirty (30) days notice in 
writing of its intentions to deny the application for exchange visitor 
program redesignation,

[[Page 311]]

specifying therein the grounds for such denial.
    (2) Within ten (10) days of receipt of the aforesaid notice of 
intent to deny the application, the applicant shall have an opportunity 
to demonstrate why the application should be approved, and may submit to 
EVPS any statement or information including, if appropriate, any 
documentary evidence or affidavits in support of its application.
    (3) EVPS shall review and consider the applicant's submission and 
thereafter notify the applicant in writing of its decision on whether 
the application for redesignation will be approved. In the event that 
the decision is to deny the applicant, such notice shall advise the 
applicant of its right to appeal the denial and of its right to a formal 
hearing thereon.
    (4) The applicant may, within twenty (20) days after receipt of the 
aforesaid notice of denial, appeal the denial to the Division by filing 
a notice of appeal with the Department of State's Bureau of Consular 
Affairs, room 700, 301 4th Street, SW., Washington, DC 20547.
    (5) Upon receipt of the notice of appeal the Bureau of Consular 
Affairs or his or her designee shall, within ten (10) days, convene the 
Division. Thereafter, proceedings before the Division shall follow the 
regulations set forth in Sec. 514.50(i), infra.
    (h) The Exchange Visitor Program Designation, Suspension, and 
Revocation Board. (1) The Exchange Visitor Program Designation, 
Suspension, and Revocation Board (``Board'') shall consist of Department 
of State positions equivalent to the following positions:
    (i) The Deputy Associate Director of the Bureau of Educational and 
Cultural Affairs, or his or her designee, who shall serve as presiding 
officer of the Division;
    (ii) The Deputy Director of the relevant geographic area office, or 
his or her designee; and
    (iii) A member of the public appointed by the Deputy Associate 
Director of the Bureau of Educational and Cultural Affairs. A different 
public member shall be appointed for each sanction case brought before 
the Division.
    (2) The Bureau of Consular Affairs of the Department of State shall 
appoint an attorney in the Office of the Bureau of Consular Affairs to 
prosecute the case before the Division on behalf of the Department of 
State. Such attorney shall not take part in the deliberations of the 
Division.
    (3) The Bureau of Consular Affairs of the Department of State shall 
also appoint an attorney in the Office of the Bureau of Consular Affairs 
to serve as a legal advisor to the Division. Such attorney shall not 
have had any substantial prior involvement with the particular case 
pending before the Division.
    (i) General powers of the Division. At any hearing before the 
Division pursuant to this Part, the Division may:
    (1) Administer oaths and affirmations;
    (2) Rule on offers of proof and receive any oral or documentary 
evidence;
    (3) Require the parties to submit lists of proposed witnesses and 
exhibits, and otherwise regulate the course of the hearing;
    (4) Hold conferences for the settlement or simplification of the 
issues by consent of the parties;
    (5) Dispose of motions, procedural requests, or similar matters; and
    (6) Make decisions, which shall include findings of fact and 
conclusions of law on all the material issues of fact, law or discretion 
presented on the record, and the appropriate sanction or denial thereof.
    (j) Proceedings before the Division. The following procedures shall 
govern all designation, suspension, summary suspension, and revocation 
proceedings before the Division:
    (1) Upon being convened, the Division shall schedule a hearing, 
within ten (10) days, at which hearing the parties may appear on their 
own behalf or by counsel, present oral or written evidence, and cross-
examine witnesses. A substantially verbatim record of the hearing shall 
be made and shall become a part of the record of the proceeding;
    (2) At the conclusion of the hearing, the Division shall promptly 
review the evidence and issue a written decision within ten (10) days, 
signed by a majority of the members, stating the basis

[[Page 312]]

for its decision. The decision of the majority shall be the decision of 
the Division. If a Division member disagrees with the majority, the 
member may write a dissenting opinion;
    (3) If the Division decides to affirm the suspension, summary 
suspension, revocation, or denial of redesignation, a copy of its 
decision shall be delivered to EVPS, the sponsor, the Immigration and 
Naturalization Service, and the Bureau of Consular Affairs of the 
Department of State. EVPS, at its discretion, may distribute the 
Division's decision as it deems appropriate; and
    (4) The suspension, revocation, or denial of designation shall be 
effective as of the date of the Division's decision.
    (k) Effect of suspension, summary suspension, revocation, or denial 
of redesignation. A sponsor against which an order of suspension, 
summary suspension, revocation, or denial of redesignation has been 
entered shall not thereafter issue any Forms IAP-66, advertise, recruit, 
or otherwise promote its program, and under no circumstances shall the 
sponsor facilitate the entry of an exchange visitor. Suspension, summary 
suspension, revocation, or denial of redesignation shall not invalidate 
any Forms IAP-66 issued prior to the effective date of the suspension, 
summary suspension, revocation, or denial of redesignation, nor shall 
the suspension, summary suspension, revocation, or denial of 
redesignation in any way diminish or restrict the sponsor's legal or 
financial responsibilities to existing program participants.
    (l) Miscellaneous--(1) Computation of time. In computing any period 
of time prescribed or allowed by these regulations, the day of the act 
or event from which the designated period of time begins to run shall 
not be included. The last day of the period so computed shall be 
included unless it is a Saturday, a Sunday, or a federal legal holiday, 
in which event the period runs until the end of the next day which is 
not one of the aforementioned days. When the period of time prescribed 
or allowed is less than eleven (11) days, intermediate Saturdays, 
Sundays, or federal legal holidays shall be excluded in the computation.
    (2) Service of notice on sponsor. When used in these regulations the 
terms ``written notice to the sponsor'' shall mean service of written 
notice by mail, delivery or facsimile, upon either the president, 
managing director, responsible officer, or alternate responsible officer 
of the sponsor.

[58 FR 15196, Mar. 19, 1993. Redesignated and amended at 64 FR 54540, 
Oct. 7, 1999]