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19 U.S.C. § 81rRevocation of grants

submitted 92 years ago by ch. 590 to r/title-19-CUSTOMS-DUTIES · 296 words · no verdicts yet

in plain englishAI-generated · not legal advice

If a grantee repeatedly and willfully breaks the rules, the Board may revoke its grant after 4 months' notice and a hearing. A grantee can appeal a revocation to a federal court of appeals within 90 days, and the revocation is paused during the appeal.

(a) How revocation works. If a grantee repeatedly and willfully violates this chapter, the Board may revoke its grant — but only after giving the grantee four months' notice and a chance to be heard. Testimony from that hearing must be written down and filed in the Board's records, along with the Board's decision. (b) Compelling witnesses and evidence. In a revocation proceeding, the Board may force witnesses to testify and produce documents, and may ask a federal district court for help doing that. (c) Appeal. A Board order revoking a grant is final unless, within ninety days after the grantee is served with it, the grantee appeals to the federal court of appeals for the circuit where the zone is located, by filing a written petition asking the court to set the order aside. The revocation order is put on hold while that appeal is pending. Once a petition is filed, the court's clerk must send the Board a copy, and the Board must file the hearing record with the court. The testimony and evidence the Board certified and filed become the evidence the court considers in the case.
the actual law source: uscode.house.gov ↗public domain
(a) Procedure for revocation

In the event of repeated willful violations of any of the provisions of this chapter by the grantee, the Board may revoke the grant after four months’ notice to the grantee and affording it an opportunity to be heard. The testimony taken before the Board shall be reduced to writing and filed in the records of the Board together with the decision reached thereon.

(b) Attendance of witnesses and production of evidence

In the conduct of any proceeding under this section for the revocation of a grant the Board may compel the attendance of witnesses and the giving of testimony and the production of documentary evidence, and for such purpose may invoke the aid of the district courts of the United States.

(c) Nature of order of revocation; appeal

An order under the provisions of this section revoking the grant issued by the Board shall be final and conclusive, unless within ninety days after its service the grantee appeals to the court of appeals for the circuit in which the zone is located by filing with the clerk of said court a written petition praying that the order of the Board be set aside. Such order shall be stayed pending the disposition of appellate proceedings by the court. The clerk of the court in which such a petition is filed shall immediately cause a copy thereof to be delivered to the Board and it shall thereupon file in the court the record in the proceedings held before it under this section, as provided in section 2112 of title 28. The testimony and evidence taken or submitted before the Board, duly certified and filed as a part of the record, shall be considered by the court as the evidence in the case.

Source credit: (June 18, 1934, ch. 590, § 18, 48 Stat. 1002; June 25, 1948, ch. 646, § 32(a), 62 Stat. 991; May 24, 1949, ch. 139, § 127, 63 Stat. 107; Pub. L. 85–791, § 11, Aug. 28, 1958, 72 Stat. 945.)

history & why it existsrecord from the source credit
  • 1934Enacted · Act of June 18, 1934, ch. 590 · 48 Stat. 1002
  • 1948Amended · Act of June 25, 1948, ch. 646 · 62 Stat. 991
  • 1949Amended · Act of May 24, 1949, ch. 139 · 63 Stat. 107
  • 1958Amended · Pub. L. 85-791 · 72 Stat. 945

A history note hasn’t been published yet. The record shows enactment by ch. 590 on 1934-06-18.

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