Chapter 283. To license custom-house brokers
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/statutes-at-large/vol-36/chapter-283-1999266·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
CHAP. 283.— An Act To license custom-house brokers. June 10, 1910.[[S. 6173](/us/bill/61/s/6173).][[Public, No. 205](/us/pl/61/205).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, Custom-house brokers. Licenses required. Vol. 28, p. 552. That the collector or chief officer of the customs at any port of entry or delivery shall, upon application, issue to any person of good moral character, being a citizen of the United States a license to transact business as a custom-house broker in the collection district in which such license is issued, and on and after sixty days from the approval of this Act no person shall transact business as a custom-house broker without a license granted in accordance with this provision; but this Act shall not be so construed as to prohibit any person from transacting business at a custom-house pertaining to his own importations.
Sec. 2. Revocation of license. That the collector or chief officer of the customs may at any time, for good and sufficient reasons, serve notice in writing upon 465 any custom-house broker so licensed to show cause why said license shall not be revoked, which notice shall be in the form of a statement specifically setting forth the grounds of complaint. The collector or chief officer of customs shall within ten days thereafter notify the custom-house broker in writing of a hearing to be held before him within five days upon said charges.
At such hearing the custom-house Hearings. broker may be represented by counsel, and all proceedings, including the proof of the charges and the answer thereto, shall be presented, with right of cross-examination to both parties, and a stenographic record of the same shall be made and a copy thereof shall be delivered to the custom-house broker. At the conclusion of such Record to Secretary of the Treasury. hearing the collector or chief officer of customs shall forthwith transmit all papers and the stenographic report of the hearing, which shall constitute the record in the case, to the Secretary of the Treasury for his action.
Thereupon the said Secretary of the Treasury shall Decision. have the right to revoke the license of any custom-house broker, in which case formal notice shall be given such custom-house broker within ten days. Sec. 3. That any licensed custom-house broker aggrieved by the Review by court. decision of the Secretary of the Treasury may, within thirty days thereafter, and not afterwards, apply to the United States circuit court for the circuit in which the collection district is situated for a review of such decision.
Such application shall be made by filing Proceedings. in the office of the clerk of said court a petition praying relief in the premises. Thereupon the court shall immediately give notice in writing of such application to the Secretary of the Treasury, who shall forthwith transmit to said court the record and evidence taken in the case, together with a statement of his decision therein. The filing of such application shall operate as a stay of the revocation of the license. The matter may be brought on to be heard before the said Decision. court in the same manner as a motion, by either the United States district attorney or the attorney for the custom-house broker, and the decision of said United States circuit court for the circuit in which the collection district is situated shall be upon the merits as disclosed by the record and be final, and the proceedings remanded to the Secretary of the Treasury for further action to be taken in accordance with the terms of the decree.
Sec. 4. That the Secretary of the Treasury shall prescribe regulations Regulation. necessary or convenient for carrying this Act into effect. Sec. 5. That the word person wherever used in this Act shall include “Person” defined. persons, copartnerships, associations, joint stock associations and corporations. Approved, June 10, 1910.