[Code of Federal Regulations]
[Title 8, Volume 1]
[Revised as of January 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 8CFR274a.9]

[Page 677-678]
 
                     TITLE 8--ALIENS AND NATIONALITY
 
CHAPTER I--IMMIGRATION AND NATURALIZATION SERVICE, DEPARTMENT OF JUSTICE
 
PART 274a--CONTROL OF EMPLOYMENT OF ALIENS--Table of Contents
 
                    Subpart A--Employer Requirements
 
Sec. 274a.9  Enforcement procedures.

    (a) Procedures for the filing of complaints. Any person or entity 
having knowledge of a violation or potential violation of section 274A 
of the Act may submit a signed, written complaint in person or by mail 
to the Service office having jurisdiction over the business or residence 
of the potential violator. The signed, written complaint must contain 
sufficient information to identify both the complainant and the 
potential violator, including their names and addresses. The complaint 
should also contain detailed factual allegations relating to the 
potential violation including the date, time and place of the alleged 
violation and the specific act or conduct alleged to constitute a 
violation of the Act. Written complaints may be delivered either by mail 
to the appropriate Service office or by personally appearing before any 
immigration officer at a Service office.
    (b) Investigation. The Service may conduct investigations for 
violations on its own initiative and without having received a written 
complaint. When the Service receives a complaint from a third party, it 
shall investigate only those complaints that have a reasonable 
probability of validity. If it is determined after investigation that 
the person or entity has violated section 274A of the Act, the Service 
may issue and serve a Notice of Intent to Fine or

[[Page 678]]

a Warning Notice upon the alleged violator. Service officers shall have 
reasonable access to examine any relevant evidence of any person or 
entity being investigated.
    (c) Warning notice. The Service and/or the Department of Labor may 
in their discretion issue a Warning Notice to a person or entity alleged 
to have violated section 274A of the Act. This Warning Notice will 
contain a statement of the basis for the violations and the statutory 
provisions alleged to have been violated.
    (d) Notice of Intent to Fine. The proceeding to assess 
administrative penalties under section 274A of the Act is commenced when 
the Service issues a Notice of Intent to Fine on Form I-763. Service of 
this Notice shall be accomplished pursuant to part 103 of this chapter. 
The person or entity identified in the Notice of Intent to Fine shall be 
known as the respondent. The Notice of Intent to Fine may be issued by 
an officer defined in Sec. 242.1 of this chapter with concurrence of a 
Service attorney.
    (1) Contents of the Notice of Intent to Fine. (i) The Notice of 
Intent to Fine will contain the basis for the charge(s) against the 
respondent, the statutory provisions alleged to have been violated, and 
the penalty that will be imposed.
    (ii) The Notice of Intent to Fine will provide the following 
advisals to the respondent:
    (A) That the person or entity has the right to representation by 
counsel of his or her own choice at no expense to the government;
    (B) That any statement given may be used against the person or 
entity;
    (C) That the person or entity has the right to request a hearing 
before an Administrative Law Judge pursuant to 5 U.S.C. 554-557, and 
that such request must be made within 30 days from the service of the 
Notice of Intent to Fine;
    (D) That the Service will issue a final order in 45 days if a 
written request for a hearing is not timely received and that there will 
be no appeal of the final order.
    (2) [Reserved]
    (e) Request for Hearing Before an Administrative Law Judge. If a 
respondent contests the issuance of a Notice of Intent to Fine, the 
respondent must file with the INS, within thirty days of the service of 
the Notice of Intent to Fine, a written request for a hearing before an 
Administrative Law Judge. Any written request for a hearing submitted in 
a foreign language must be accompanied by an English language 
translation. A request for a hearing is not deemed to be filed until 
received by the Service office designated in the Notice of Intent to 
Fine. In computing the thirty day period prescribed by this section, the 
day of service of the Notice of Intent to Fine shall not be included. If 
the Notice of Intent to Fine was served by ordinary mail, five days 
shall be added to the prescribed thirty day period. In the request for a 
hearing, the respondent may, but is not required to, respond to each 
allegation listed in the Notice of Intent to Fine.
    (f) Failure to file a request for hearing. If the respondent does 
not file a request for a hearing in writing within thirty days of the 
day of service of the Notice of Intent to Fine (thirty-five days if 
served by ordinary mail), the INS shall issue a final order from which 
there is no appeal.

[52 FR 16221, May 1, 1987, as amended at 53 FR 8613, Mar. 16, 1988; 55 
FR 25935, June 25, 1990; 56 FR 41786, Aug. 23, 1991; 61 FR 52236, Oct. 
7, 1996]