[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: 19CFR112.48]



[Page 535-536]

 

                        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 D_Identification Cards

 

Sec.  112.48  Revocation or suspension of identification cards.



    (a) Grounds for revocation or suspension of identification cards. An 

identification card issued pursuant to this part may be revoked or 

suspended by the port director for any of the following grounds:

    (1) Such card was obtained through fraud or the misstatement of a 

material fact;

    (2) The holder of such card is convicted of a felony, or convicted 

of a misdemeanor involving theft, smuggling, or any theft-connected 

crime;

    (3) The holder permits the card to be used by any other person, or 

refuses to produce it upon the proper demand of a Customs officer; or

    (4) The holder fails to abide by the rules and regulations 

prescribed in Sec.  112.45 and part 125 of this chapter.

    (b) Notice of revocation or suspension. The port director shall 

suspend or revoke an identification card by serving notice of the 

proposed action in writing upon the holder of the card. Such notice 

shall be in the form of a statement specifically setting forth the 

grounds for revocation or suspension of the card and shall be final and 

conclusive upon the holder unless he shall file with the port director a 

written notice of appeal in accordance with paragraph (c) of this 

section.



[[Page 536]]



    (c) Notice of appeal. The holder 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 holder to 

the statement of the port director. The holder 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 holder shall be notified of the 

time and place of hearing at least 5 days prior thereto.

    (2) Conduct of hearing. The holder of the card 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 

cardholder. 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 holder of 

the card 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 cardholder 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 cardholder.