[Code of Federal Regulations]
[Title 19, Volume 1]
[Revised as of April 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 19CFR112.30]

[Page 530-531]
 
                        TITLE 19--CUSTOMS DUTIES
 
   CHAPTER I--BUREAU OF CUSTOMS AND BORDER PROTECTION, DEPARTMENT OF 
              HOMELAND SECURITY; DEPARTMENT OF THE TREASURY
 
PART 112_CARRIERS, CARTMEN, AND LIGHTERMEN--Table of Contents
 
              Subpart C_Licensing of Cartmen and Lightermen
 
Sec. 112.30  Suspension or revocation of license.

    (a) Grounds for suspension or revocation of licenses. The port 
director may revoke or suspend the license of a cartman or lighterman 
if:
    (1) His license is not promptly produced upon demand;
    (2) His vehicle or vessel is not properly marked, as required by 
Sec. 112.27;
    (3) The cartman or lighterman refuses or neglects to obey any proper 
order of a Customs officer or any Customs order, rule, or regulation 
relative to the cartage or lighterage of merchandise, including the 
making, keeping, and submitting of current written records relating to 
cartage and lighterage;
    (4) The license was obtained through fraud or the misstatement of a 
material fact;
    (5) The holder of such a license or an officer of a corporation 
holding such a license is convicted of or has committed acts which would 
constitute a felony, or a misdemeanor involving theft, smuggling, or a 
theft-connected crime. Any change in the employment status of the 
corporate officer (e.g., discharge, resignation, demotion, or promotion) 
prior to conviction of a misdemeanor involving theft, smuggling, or a 
theft-connected crime, resulting from acts committed while a corporate 
officer, will not preclude application of this provision;
    (6) The holder of such license permits it to be used by any other 
person;
    (7) The holder of such license fails to surrender promptly, or 
satisfactorily explain the failure to surrender, to the port director, 
identification cards of

[[Page 531]]

persons no longer employed by him where identification cards are 
required pursuant to Sec. 112,41;
    (8) The holder of such license fails to furnish a current list of 
names and addresses of officers and members or employees when required 
by the port director pursuant to Sec. 112.29;
    (9) The holder is guilty of any negligence, dishonest or deceptive 
practices or carelessness in the conduct of his business; or
    (10) The port director determines that the bond is not sufficient in 
amount or lacks sufficient sureties, and a satisfactory new bond with 
good and sufficient sureties is not furnished within a reasonable time.
    (b) Notice of revocation or suspension. The port director shall 
suspend or revoke a license by serving notice of the proposed action in 
writing upon the holder of the license. Such notice shall be in the form 
of a statement specifically setting forth the grounds for revocation or 
suspension of the license and shall be final and conclusive upon the 
licensee unless he shall file with the port director a written notice of 
appeal in accordance with paragraph (c) of this section.
    (c) Notice of appeal. The licensee may file a written notice of 
appeal from the revocation or suspension within 10 days following 
receipt of the notice of revocation or suspension. The notice of appeal 
shall be filed in duplicate, and shall set forth the response of the 
licensee to the statement of the port director. The licensee in his 
notice of appeal may request a hearing.
    (d) Hearing on appeal--(1) Notification of and time of hearing. If a 
hearing is requested, it shall be held before a hearing officer 
designated by the Secretary of the Treasury or his designee within 30 
days following application therefor. The licensee shall be notified of 
the time and place of the hearing at least 5 days prior thereto.
    (2) Conduct of hearing. The holder of the license may be represented 
by counsel at the revocation or suspension hearing. All evidence and 
testimony of witnesses in such proceeding, including substantiation of 
charges and the answer thereto, shall be presented with both parties 
having the right of cross-examination. A stenographic record of the 
proceedings shall be made and a copy thereof shall be delivered to the 
licensee. At the conclusion of such proceedings or review of a written 
appeal, the hearing officer or the port director, as the case may be, 
shall forthwith transmit all papers and the stenographic record of the 
hearing, if held, to the Commissioner of Customs, together with his 
recommendation for final action.
    (3) Additional arguments. Following a hearing and within 10 calendar 
days after delivery of a copy of the stenographic record, the licensee 
may submit to the Commissioner of Customs in writing additional views 
and arguments on the basis of such record.
    (4) Failure to appear. If neither the licensee nor his attorney 
appear for a scheduled hearing, the hearing officer shall conclude the 
hearing and transmit all papers with his recommendation to the 
Commissioner of Customs.
    (e) Decision on the appeal. The Commissioner shall render his 
decision, in writing, stating his reasons therefor, with respect to the 
action proposed by the hearing officer or the port director. Such 
decision shall be transmitted to the port director and served by him on 
the licensee.
    (f) Review by the Court of International Trade. Any licensee 
adversely affected by a decision of the Commissioner of Customs may 
appeal the decision in the Court of International Trade.

[T.D. 73-140, 38 FR 13551, May 23, 1973, as amended by T.D. 85-90, 50 FR 
21431, May 24, 1985; T.D. 88-63, 53 FR 40220, Oct. 14, 1988]