PART 270—PENALTIES FOR DOCUMENT FRAUD Authority: 8 U.S.C. 1101, 1103, and 1324c; Pub. L. 101-410, 104 Stat. 890, as amended by Pub. L. 104-134, 110 Stat. 1321 and Pub. L. 114-74, 129 Stat. 599. Source: 57 FR 33866, July 31, 1992, unless otherwise noted. § 270.1 Definitions. For the purpose of this part— Document Entity § 270.2 Enforcement procedures. (a) Procedures for the filing of complaints. (b) Investigation. (c) Issuance of a subpoena. (d) Notice of Intent to Fine. (e) Contents of the Notice of Intent to Fine. (2) The Notice of Intent to Fine shall provide the following advisals to the respondent: (i) That the person or entity has the right to representation by counsel of his or her own choice at no expense to the government; (ii) That any statement given may be used against the person or entity; (iii) That the person or entity has the right to request a hearing before an administrative law judge pursuant to 5 U.S.C. 554-557, and that such request must be filed with INS within 60 days from the service of the Notice of Intent to Fine; and (iv) That if a written request for a hearing is not timely filed, the Service will issue a final order from which there is no appeal. (f) Request for hearing before an administrative law judge. (g) Failure to file a request for hearing. (h) Issuance of the final order. (i) Service of the final order Generally. (2) Alternative provisions for service in a foreign country. (ii) As directed by the foreign authority in response to a letter rogatory, when service in either case is reasonably calculated to give actual notice; or (iii) When applicable, pursuant to § 103.5a(a)(2) of this chapter. Service is effective upon receipt of the final order. Proof of service may be made as prescribed by the law of the foreign country, or, when service is pursuant to § 103.5a(a)(2) of this chapter, as evidenced by the certificate of service or the certified mail return receipt. (j) Declination to file charges for document fraud committed by refugees at the time of entry. [57 FR 33866, July 31, 1992, as amended at 76 FR 53796, Aug. 29, 2011] § 270.3 Penalties. (a) Criminal penalties. (b) Civil penalties. (1) A respondent found by the Service or an administrative law judge to have violated section 274C of the Act shall be subject to an order: (i) To cease and desist from such behavior; and (ii) To pay a civil penalty as follows: (A) First offense under section 274C(a)(1) through (4). (B) First offense under section 274C(a)(5) or (6). (C) Subsequent offenses under section 274C(a)(1) through (4). (D) Subsequent offenses under section 274C(a)(5) or (6). (2) Where an order is issued to a respondent composed of distinct, physically separate subdivisions each of which provides separately for the hiring, recruiting, or referring for a fee for employment (without reference to the practices of, and not under the common control of or common control with, another subdivision), each subdivision shall be considered a separate person or entity. [57 FR 33866, July 31, 1992, as amended at 64 FR 47101, Aug. 30, 1999; 73 FR 10135, Feb. 26, 2008; 81 FR 43001, July 1, 2016; 82 FR 8579, Jan. 27, 2017; 83 FR 13834, Apr. 2, 2018; 84 FR 13508, Apr. 5, 2019; 85 FR 36478, June 17, 2020; 86 FR 57539, Oct. 18, 2021; 87 FR 1326, Jan. 11, 2022; 88 FR 2182, Jan. 13, 2023; 89 FR 53858, June 28, 2024; 90 FR 9, Jan. 2, 2025]