[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 533-534]

 

                        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 534]]



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]