[Code of Federal Regulations]
[Title 19, Volume 1]
[Revised as of April 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 19CFR123.75]

[Page 596]
 
                        TITLE 19--CUSTOMS DUTIES
 
  CHAPTER I--UNITED STATES CUSTOMS SERVICE, DEPARTMENT OF THE TREASURY
 
PART 123--CUSTOMS RELATIONS WITH CANADA AND MEXICO--Table of Contents
 
            Subpart H--Land Border Carrier Initiative Program
 
Sec. 123.75  Notice of revocation; appeal of decision.

    (a) Revocation. The port director may immediately revoke a carrier's 
participation in the LBCIP and cancel the written agreement for any of 
the following applicable reasons:
    (1) The selection and written agreement were obtained through fraud 
or the misstatement of a material fact by the carrier;
    (2) The carrier, a corporate officer, or other person the port 
director determines is exercising substantial ownership or control over 
the carrier operation or corporate officer, is indicted for, convicted 
of, or has committed acts which would constitute any felony or 
misdemeanor under United States Federal or State law. In the absence of 
an indictment, conviction, or other legal process, the port director 
must have probable cause to believe the proscribed acts occurred;
    (3) The carrier-participant allows an unauthorized person or entity 
to use its LBCIP certificate or other approved form of identification;
    (4) The carrier-participant misuses authorized conveyances;
    (5) The carrier-participant refuses or otherwise fails to follow any 
proper order of a Customs officer or any Customs order, rule, or 
regulation;
    (6) The carrier-participant fails to operate in accordance with the 
terms of the written agreement; or
    (7) Continuation of LBCIP privileges would endanger the revenue or 
security of the Customs area in the judgment of the port director.
    (b) Notice. When a decision revoking participation has been made, 
the port director shall notify the carrier-participant of the decision 
in writing. The notice of revocation shall clearly state the reason(s) 
for revocation and recite the applicant's appeal rights under paragraph 
(c) of this section.
    (c) Appeal of decision. Carrier-participants that receive a notice 
of revocation and who wish to appeal the decision shall file a written 
appeal with the Assistant Commissioner, Office of Field Operations, U.S. 
Customs Service, Washington, DC 20229, within 10 calendar days of 
receipt of the notice. The appeal shall be filed in duplicate and shall 
set forth the carrier's responses to the grounds specified by the port 
director in the notice. Within 30 working days of receipt of the appeal, 
the Assistant Commissioner, or his designee, shall make a determination 
regarding the appeal and notify the applicant in writing.

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