19 CFR 111.59 – Preliminary proceedings
(a) Opportunity to participate. The processing Center will advise the broker of his opportunity to participate in preliminary proceedings with an opportunity to avoid formal proceedings against his license or permit.
Terms Used In 19 CFR 111.59
- Broker: means a customs broker. See 19 CFR 111.1
- CBP: means U. See 19 CFR 101.1
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Permit: means a permit issued to a broker under § 111. See 19 CFR 111.1
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
- United States: includes all territories and possessions of the United States, except the Virgin Islands, American Samoa, Wake Island, Midway Islands, Kingman Reef, Johnston Island, and the island of Guam. See 19 CFR 134.1
(b) Notice of preliminary proceedings. The processing Center will serve upon the broker, in the manner set forth in § 111.63, written notice that:
(1) Transmits a copy of the proposed statement of charges;
(2) Informs the broker that formal proceedings are available to him;
(3) Informs the broker that sections 554 and 558, Title 5, United States Code, will be applicable if formal proceedings are necessary;
(4) Invites the broker to show cause why formal proceedings should not be instituted;
(5) Informs the broker that he may make submissions and demonstrations of the character contemplated by the cited statutory provisions;
(6) Invites any negotiation for settlement of the complaint or charge that the broker deems it desirable to enter into;
(7) Advises the broker of his right to be represented by counsel;
(8) Specifies the place where the broker may respond in writing; and
(9) Advises the broker that the response must be received within 30 calendar days of the date of the notice.