[Code of Federal Regulations]
[Title 8, Volume 1]
[Revised as of January 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 8CFR1280.13]

[Page 1130]
 
                     TITLE 8--ALIENS AND NATIONALITY
 
   CHAPTER V--EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, DEPARTMENT OF 
                                 JUSTICE
 
PART 1280_IMPOSITION AND COLLECTION OF FINES--Table of Contents
 
Sec. 1280.13  Disposition of case.

    (a) Allegations admitted or no answer filed. If a request for 
personal appearance is not filed and (1) the answer admits the 
allegations in the notice, or (2) no answer is filed, the district 
director or the Associate Commissioner for Examinations, or the Director 
for the National Fines Office shall enter such order in the case as he 
deems appropriate and no appeal from his decision may be taken.
    (b) Answer filed; personal appearance. Upon receipt of an answer 
asserting a defense to the allegations in the notice without requesting 
a personal appearance, or if a personal appearance is requested or 
directed, the case shall be assigned to an immigration officer. The 
immigration officer shall prepare a report summarizing the evidence and 
containing his findings and recommendation. The record, including the 
report and recommendation of the immigration officer, shall be forwarded 
to the district director or the Associate Commissioner for Examinations, 
or the Director for the National Fines Office. The district director or 
the Associate Commissioner for Examinations, or the Director for the 
National Fines Office shall note on the report of the immigration 
officer whether he approves or disapproves the recommendation of the 
immigration officer. The person shall be informed in writing of the 
decision of the district director or the Associate Commissioner for 
Examinations, or the Director for the National Fines Office and, if his 
decision is that a fine shall be imposed or that the requested 
mitigation or remission shall not be granted, of the reasons for such 
decision. From the decision of the district director or the Associate 
Commissioner for Examinations, or the Director for the National Fines 
Office an appeal may be taken to the Board within 15 days after the 
mailing of the notification of decision as provided in part 3 of this 
chapter.

[22 FR 9808, Dec. 6, 1957, as amended at 23 FR 9124, Nov. 26, 1958; 54 
FR 18649, May 2, 1989]

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