19 C.F.R. § 111.67

Hearing

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(a) Hearing officer. The hearing officer must be an administrative law judge appointed pursuant to 5 U.S.C. 3105.

(b) Rights of the broker. The broker or his attorney will have the right to examine all exhibits offered at the hearing and will have the right to cross-examine witnesses and to present witnesses who will be subject to cross-examination by the Government representatives.

(c) Interrogatories. Upon the written request of either party, the hearing officer may permit deposition upon oral or written interrogatories to be taken before any officer duly authorized to administer oaths for general purposes or in customs matters. The other party to the hearing will be given a reasonable time in which to prepare cross-interrogatories and, if the deposition is oral, will be permitted to cross-examine the witness. The deposition will become part of the hearing record.

(d) Transcript of record. The processing Center will provide a competent reporter to make a record of the hearing. When the record of the hearing has been transcribed by the reporter, the processing Center will deliver a copy of the transcript of record to the hearing officer, the broker and the Government representative without charge.

[T.D. 00-17, 65 FR 13891, Mar. 15, 2000, as amended by CBP Dec. 22-21, 87 FR 63320, Oct. 18, 2022]

Notes of Decisions

Cited in 4 cases, 1973–1999 · leading case: Urbano v. United States, 967 F. Supp. 1322 (Ct. Intl. Trade 1997).

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Urbano v. United States, 967 F. Supp. 1322 (Ct. Intl. Trade 1997). · cites it 5× “Defendants explain under 19 C.F.R. § 111.67 (c), the ALJ has discretion to permit or deny deposition discovery, and in this case, found such discovery should have been sought earlier in the proceedings in order to avoid disrupting the scheduled hearing date.”

Shiepe v. United States, 36 F. Supp. 2d 402 (Ct. Intl. Trade 1999). “§ 1641 (d)(2)(B) (1988) and 19 C.F.R. § 111.67 (1992). The Administrative Law Judge found that Customs had introduced a “preponderance of substantial and reliable evidence” to support all of the charges against Shiepe, with the exception of the charge that Shiepe had failed to…”

Twigger v. Schultz, 484 F.2d 856 (3rd Cir. 1973). “64 , and presides at the hearing, 19 C.F.R. § 111.67 . He thereafter certifies the entire record, with his recommended decision, to the Secretary of the Treasury, 19 C.”

Kazangian v. Brady, 15 Ct. Int'l Trade 488 (Ct. Intl. Trade 1991). “18; see 19 C.F.R. § 111.67 (a). On June 30, 1989, the ALJ issued a decision sustaining six of the nine charges, and recommending revocation of Mr.”

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