PART 342—ADMINISTRATIVE CANCELLATION OF CERTIFICATES, DOCUMENTS, OR RECORDS Authority: 8 U.S.C. 1103, 1453. Source: 28 FR 209, Jan. 9, 1963, unless otherwise noted. § 342.1 Notice. If it shall appear to a district director that a person has illegally or fraudulently obtained or caused to be created a certificate, document, or record described in section 342 of the Act, a notice shall be served upon the person of intention to cancel the certificate, document, or record. The notice shall contain allegations of the reasons for the proposed action and shall advise the person that he may submit, within 60 days of service of the notice, an answer in writing under oath or affirmation showing cause why the certificate, document, or record should not be canceled, that he may appear in person before a naturalization examiner in support of, or in lieu of his written answer, and that he may have present at that time, without expense to the Government, an attorney or representative qualified under part 292 of this chapter. In such proceedings the person shall be known as the respondent. [29 FR 5511, Apr. 24, 1964, as amended at 37 FR 2767, Feb. 5, 1972] § 342.2 Service of notice. The notice required by 8 CFR 342.1 must be by personal service as described in 8 CFR 103.8(a)(2). [76 FR 53805, Aug. 29, 2011] § 342.3 Allegations admitted; no answer filed; no personal appearance requested. If the answer admits all material allegations in the notice, or if no answer is filed within the 60-day period or any extension thereof and no personal appearance is requested within such period or periods, it shall be deemed to authorize the district director, without further notice to respondent, to find the facts to be as alleged in the notice and to cancel the certificate, document, or record. No appeal shall lie from such decision. Written notice of the decision shall be served upon the respondent with demand for surrender of the certificate, document, or record forthwith. § 342.4 Answer asserting defense; personal appearance requested. If the respondent files an answer within the prescribed period asserting a defense to the allegations in the notice, or requests a personal appearance, with or without an answer, the district director shall designate a naturalization examiner to consider the case. The respondent shall be notified that he may appear in person or through counsel with any witnesses and evidence in defense of the allegations, and shall be informed of the date, time, and place for such appearance. § 342.5 Conduct of examination. (a) Authority of naturalization examiner. (b) Assignment of additional officer. (c) Examination. (d) Prior statements. [28 FR 209, Jan. 9, 1963, as amended at 32 FR 3340, Feb. 28, 1967] § 342.6 Depositions. Upon good cause shown, the testimony of any witness may be taken by depositions, either orally or upon written interrogatories before a person having authority to administer oaths (affirmations), as may be designated by the naturalization examiner. [37 FR 2767, Feb. 5, 1972] § 342.7 Report and recommendation. The naturalization examiner shall prepare a report summarizing the evidence, discussing the applicable law, and containing his findings and recommendations. The record, including the report and recommendation, shall be forwarded to the district director, who shall sign the report, either approving or disapproving the recommendation. If the decision of the district director is that the proceedings be terminated, the respondent shall be so informed. § 342.8 Appeals. Should the district director find that the certificate, document, or record was fraudulently or illegally obtained, he shall enter an order that it be cancelled and the certificate or document surrendered to the Service forthwith. Written notification of such action shall be given the respondent, with a copy of the decision, findings and decision of the district director, and he shall be informed of his right of appeal in accordance with the provisions of part 103 of this chapter. § 342.9 Notice re 18 U.S.C. 1428. The notice to surrender a cancelled certificate of citizenship or copy thereof, prescribed by section 1428 of Title 18 of the United States Code, shall be given by the district director in whose district the person who has possession or control of such document resides. [28 FR 9282, Aug. 23, 1963]