[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: 19CFR128.12]

[Page 610-611]
 
                        TITLE 19--CUSTOMS DUTIES
 
  CHAPTER I--UNITED STATES CUSTOMS SERVICE, DEPARTMENT OF THE TREASURY
 
PART 128--EXPRESS CONSIGNMENTS--Table of Contents
 
                        Subpart B--Administration
 
Sec. 128.12  Application approval/denial and suspension of operating privileges.

    (a) Notice. (1) The port director shall promptly notify the 
applicant in writing of the decision to approve or deny the application 
to establish an express consignment carrier or hub facility or to 
suspend or revoke operating privileges at an existing facility.
    (2) The notice shall specifically state the grounds for denial or 
for the proposed suspension or revocation.
    (b) Appeal. The express consignment entity may file a written notice 
of appeal seeking review of the denial or proposed suspension or 
revocation within 30 days after notification.

[[Page 611]]

    (c) Recommendation. The port director shall consider the allegations 
and responses in the appeal unless, in the case of a suspension or 
revocation, the express consignment entity requests a hearing. The 
appeal along with the port director's recommendation shall be forwarded 
to the Commissioner of Customs or his designee for a final 
administrative decision.
    (d) Hearing. In the case of a proposed suspension or revocation, a 
hearing may be requested within 30 days after notification. If a hearing 
is requested, it shall be held before a hearing officer appointed by the 
Commissioner of Customs or his designee within 30 days following the 
express consignment entity's request. The entity shall be notified of 
the time and place of the hearing at least 5 days prior thereto. The 
express consignment entity may be represented by counsel at such 
hearing, and all evidence and testimony of witnesses in such 
proceedings, including substantiation of the allegations and the 
responses thereto shall be presented, with the right of cross-
examination to both parties. A stenographic record of any such 
proceeding shall be made and a copy thereof shall be delivered to the 
express consignment entity. At the conclusion of the hearing, all papers 
and the stenographic record of the hearing shall promptly be transmitted 
to the Commissioner of Customs or his designee together with a 
recommendation for final action. The express consignment entity may 
submit in writing additional views or arguments to the Commissioner or 
his designee following a hearing on the basis of the stenographic 
record, within 10 days after delivery to it of a copy of such record. 
The Commissioner or his designee shall thereafter render the decision in 
writing, stating the reasons therefor. Such decision shall be served on 
the express consignment entity, and shall be considered the final 
administrative action.