§ 273.5 General criteria used for reduction, refund, or waiver of fines.
Primary source
Verbatim text below is from the Electronic Code of Federal Regulations (eCFR), a public-domain U.S. government work. Always verify the current version with the eCFR before relying on it for any legal matter.
Full Text
(a) Upon application by the carrier, the Service shall determine whether circumstances exist which would justify a reduction, refund, or waiver of fines pursuant to section 273(e) of the Act.
(b) Applications for reduction, refund, or waiver of fine under section 273(e) of the Act shall be made in accordance with the procedures outlined in 8 CFR 280.12 and 8 CFR 280.51.
(c) In determining the amount of the fine reduction, refund, or waiver, the Service shall consider:
(1) The effectiveness of the carrier's screening procedures;
(2) The carrier's history of fines violations, including fines, liquidated damages, and user fee payment records; and,
(3) The existence of any extenuating circumstances.
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