[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: 19CFR128.12]



[Page 690-691]

 

                        TITLE 19--CUSTOMS DUTIES

 

   CHAPTER I--BUREAU OF CUSTOMS AND BORDER PROTECTION, DEPARTMENT OF 

              HOMELAND SECURITY; DEPARTMENT OF THE TREASURY

 

PART 128_EXPRESS CONSIGNMENTS--Table of Contents

 

                        Subpart B_Administration

 

Sec.  128.12  Application approval/denial and suspension of operating 

privileges.



    (a) Notice. (1) The port director shall promptly notify the 

applicant in writing of the decision to approve or deny the application 

to establish an express consignment carrier or hub facility or to 

suspend or revoke operating privileges at an existing facility.

    (2) The notice shall specifically state the grounds for denial or 

for the proposed suspension or revocation.

    (b) Appeal. The express consignment entity may file a written notice 

of appeal seeking review of the denial or proposed suspension or 

revocation within 30 days after notification.

    (c) Recommendation. The port director shall consider the allegations 

and responses in the appeal unless, in the case of a suspension or 

revocation, the express consignment entity requests a hearing. The 

appeal along with the port director's recommendation shall be forwarded 

to the Commissioner of Customs or his designee for a final 

administrative decision.

    (d) Hearing. In the case of a proposed suspension or revocation, a 

hearing may be requested within 30 days after notification. If a hearing 

is requested, it shall be held before a hearing officer appointed by the 

Commissioner of Customs or his designee within 30 days following the 

express consignment entity's request. The entity shall be notified of 

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

express consignment entity may be represented by counsel at such 

hearing, and all evidence and testimony of witnesses in such 

proceedings, including substantiation of the allegations and the 

responses thereto shall be presented, with the right of cross-

examination to both parties. A stenographic record of any such 

proceeding shall be made and a copy thereof shall be delivered to the 

express consignment entity. At the conclusion of the hearing, all papers 

and the stenographic record of the hearing shall promptly be transmitted 

to the Commissioner of Customs or his designee together with a 

recommendation for final action. The express consignment entity may 

submit in writing additional views or arguments to the Commissioner or 

his designee following a hearing on the basis of the stenographic 

record, within 10 days after delivery to it of a copy of such record. 

The Commissioner or his



[[Page 691]]



designee shall thereafter render the decision in writing, stating the 

reasons therefor. Such decision shall be served on the express 

consignment entity, and shall be considered the final administrative 

action.