[Code of Federal Regulations]
[Title 8, Volume 1]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 8CFR270.2]

[Page 688-689]
 
                     TITLE 8--ALIENS AND NATIONALITY
 
CHAPTER I--IMMIGRATION AND NATURALIZATION SERVICE, DEPARTMENT OF JUSTICE
 
PART 270--PENALTIES FOR DOCUMENT FRAUD--Table of Contents
 
Sec. 270.2  Enforcement procedures.

    (a) Procedures for the filing of complaints. Any person or entity 
having knowledge of a violation or potential violation of section 274C 
of the Act may submit a signed, written complaint to the Service office 
having jurisdiction over the business or residence of the potential 
violator or the location where the violation occurred. The signed, 
written complaint must contain sufficient information to identify both 
the complainant and the alleged 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. When the Service receives complaints from a third 
party in accordance with paragraph (a) of this section, it shall 
investigate only those complaints which, on their face, have a 
substantial probability of validity. The Service may also conduct 
investigations for violations on its own initiative, and without having 
received a written complaint. If it is determined after investigation 
that the person or entity has violated section 274C of the Act, the 
Service may issue and serve upon the alleged violator a Notice of Intent 
to Fine.
    (c) Issuance of a subpoena. Service officers shall have reasonable 
access to examine any relevant evidence of any person or entity being 
investigated. The Service may issue subpoenas pursuant to its authority 
under sections 235(a) and 287 of the Act, in accordance with the 
procedures set forth in Sec. 287.4 of this chapter.
    (d) Notice of Intent to Fine. The proceeding to assess 
administrative penalties under section 274C of the Act is commenced when 
the Service issues a Notice of Intent to Fine. Service of this notice 
shall be accomplished by personal service pursuant to Sec. 103.5a(a)(2) 
of this chapter. Service is effective upon receipt, as evidenced by the 
certificate of service or the certified mail return receipt. 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 or by an INS port director 
designated by his or her district director.
    (e) Contents of the Notice of Intent to Fine. (1) The Notice of 
Intent to Fine shall contain the basis for the charge(s) against the 
respondent, the statutory provisions alleged to have been violated, and 
the monetary amount of the penalty the Service intends to impose.
    (2) The Notice of Intent to Fine shall provide the following 
advisals to the respondent:
    (i) That the person or entity has the right to representation by 
counsel of his or her own choice at no expense to the government;
    (ii) That any statement given may be used against the person or 
entity;
    (iii) 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 filed with INS within 60 days from the service 
of the Notice of Intent to Fine; and
    (iv) That if a written request for a hearing is not timely filed, 
the Service will issue a final order from which there is no appeal.
    (f) 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 60 days of the Notice of

[[Page 689]]

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 hearing is deemed filed when it is either received by the 
Service office designated in the Notice of Intent to Fine, or addressed 
to such office, stamped with the proper postage, and postmarked within 
the 60-day period. In computing the 60-day period prescribed by this 
section, the day of service of the Notice of Intent to Fine shall not be 
included. 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. A respondent may waive the 60-day period in which to request a 
hearing before an administrative law judge and ask that the INS issue a 
final order from which there is no appeal. Prior to execution of the 
waiver, a respondent who is not a United States citizen will be advised 
that a waiver of a section 274C hearing will result in the issuance of a 
final order and that the respondent will be excludable and/or deportable 
from the United States pursuant to the Act.
    (g) Failure to file a request for hearing. If the respondent does 
not file a written request for a hearing within 60 days of service of 
the Notice of Intent to Fine, the INS shall issue a final order from 
which there shall be no appeal.
    (h) Issuance of the final order. A final order may be issued by an 
officer defined in Sec. 242.1 of this chapter, by an INS port director 
designated by his or her district director, or by the Director of the 
INS National Fines Office.
    (i) Service of the final order--(1) Generally. Service of the final 
order shall be accomplished by personal service pursuant to 
Sec. 103.5a(a)(2) of this chapter. Service is effective upon receipt, as 
evidenced by the certificate of service or the certified mail return 
receipt.
    (2) Alternative provisions for service in a foreign country. When 
service is to be effected upon a party in a foreign country, it is 
sufficient if service of the final order is made: (i) In the manner 
prescribed by the law of the foreign country for service in that country 
in an action in any of its courts of general jurisdiction; or
    (ii) As directed by the foreign authority in response to a letter 
rogatory, when service in either case is reasonably calculated to give 
actual notice; or
    (iii) When applicable, pursuant to Sec. 103.5a(a)(2) of this 
chapter.

Service is effective upon receipt of the final order. Proof of service 
may be made as prescribed by the law of the foreign country, or, when 
service is pursuant to Sec. 103.5a(a)(2) of this chapter, as evidenced 
by the certificate of service or the certified mail return receipt.
    (j) Declination to file charges for document fraud committed by 
refugees at the time of entry. The Service shall not issue a Notice of 
Intent to Fine for acts of document fraud committed by an alien pursuant 
to direct departure from a country in which the alien has a well-founded 
fear of persecution or from which there is a significant danger that the 
alien would be returned to a country in which the alien would have a 
well-founded fear of persecution, provided that the alien has presented 
himself or herself without delay to an INS officer and shown good cause 
for his or her illegal entry or presence. Other acts of document fraud 
committed by such an alien may result in the issuance of a Notice of 
Intent to Fine and the imposition of civil money penalties.