the school or school system is no longer entitled to such approval for any reason including, but not limited to, the following: (1) Failure to submit reports required by § 214.3(g); (2) issuance of certificates of eligibility, Form I-20, to students lacking scholastic, financial, or language requirements; (3) issuance of Forms I-20 to aliens who I will not be enrolled in or carry a full course of study as defined in § 214.2(f)(1a); (4) failure to operate as a bona fide institution of learning; (5) failure to employ qualified professional personnel; (6) failure to maintain proper facilities for instruction; or (7) failure to limit its advertising in the manner prescribed in § 214.3(i).

(b) Notice. Whenever a district director has reason to believe that an approved school or school system in his district is no longer entitled to approval, a proceeding shall be commenced by service upon its authorized representative of notice of intention to withdraw the approval. The notice shall inform the authorized representative of the school or school system of the grounds upon which it is intended to withdraw its approval. In such a proceeding the authorized representative of the school or school system shall be known as the respondent. The notice shall also inform the respondent that he may, within 30 days of the date of service of the notice, submit written representations under oath supported by documentary evidence setting forth reasons why the approval should not be withdrawn, and that he may, within such period, request a hearing before a special inquiry officer in support of, or in lieu of his written answer. The respondent shall further be informed that he may have the assistance of or be represented by counsel or representative of his choice qualified under Part 292 of this chapter, without expense to the Government, in the preparation of his answer or in connection with his hearing, and that he may present such evidence in his behalf as may be relevant to the withdrawal.

(c) Allegations admitted; no answer filed; no hearing requested. If the answer admits all the allegations in the notice, or if no answer is filed within the 30-day period, or if no hear

ing is requested within such period, the district director shall withdraw the approval previously granted and shall notify the respondent of the decision. No appeal shall lie from the district director's decision.

(d) Allegations contested or denied; hearing requested. If, within the prescribed time following service of the notice pursuant to paragraph (b) of this section, the respondent has filed an answer which contests or denies any allegation in the notice, or a hearing is requested, a hearing pursuant to paragraph (f) of this section shall be conducted by a special inquiry officer and the procedures specified in §§ 242.10, 242.13, 242.14 (c), (d), and (e), and 242.15 of this chapter shall apply.

(e) Special inquiry officer's authority; withdrawal and substitution. In any proceeding conducted under this section, the special inquiry officer shall have authority to interrogate, examine, and cross-examine the respondent and other witnesses, to receive evidence, to determine whether approval shall be withdrawn, to make decisions thereon, including an appropriate order, and to take any other action consistent with applicable provisions of law and regulations as may be appropriate to the disposition of the case. The special inquiry officer may, in his discretion, consider any information and views furnished by the Office of Education of the United States, which shall be made part of the record of proceedings and may be rebutted by the respondent. Nothing contained in this section shall be construed to diminish the authority conferred on special inquiry officers by the Act. The special inquiry officer assigned to conduct a hearing shall, at any time, withdraw if he deems himself disqualified. If a hearing has begun but no evidence has been adduced other than the notice and answer, if any, pursuant to paragraphs (b) and (d) of this section, or if a special inquiry officer becomes unavailable to complete his duties within a reasonable time, or if at any time the respondent consents to a substitution, another special inquiry officer may be assigned to complete the case. The new special inquiry officer shall famil

arize himself with the record in the ase and shall state for the record that e has done so.

(f) Hearing-(1) Trial attorney. The Government shall be represented at he hearing by a trial attorney who hall have authority to present evilence, and to interrogate, examine, nd cross-examine the respondent and >ther witnesses. The trial attorney is uthorized to appeal from a decision of the special inquiry officer pursuant So paragraph (j) of this section and to nove for reopening or reconsideration pursuant to paragraph (k) of this secion.

| (2) Opening. The special inquiry oficer shall advise the respondent of he nature of the proceeding and the egal authority under which it is conducted; advise the respondent of his right to representation, at no expense to the Government, by counsel of his own choice qualified under Part 292 of this chapter, and require him to state then and there whether he desires representation; advise the respondent that he will have a reasonable opportunity to examine and object to the evidence against him, to present evidence in his own behalf, and to crossexamine witnesses presented by the Government; place the respondent under oath; read the allegations in the notice to the respondent and explain them in nontechnical language, and enter the notice and respondent's answer, if any, as exhibits in the record.

(3) Pleading by respondent. The special inquiry officer shall require the respondent to state for the record whether he admits or denies the allegations contained in the notice, or any of them, and whether he concedes that the approval of the petition by the school or school system for the attendance of nonimmigrant students should be withdrawn. If the respondent admits all of the allegations and concedes that the approval in his case should be withdrawn under the allegations set forth in the notice, and the special inquiry officer is satisfied that no issues of law or fact remain, he may determine that cause for withdrawal as alleged has been established by the respondent's admissions. The allegations contained in the notice shall be

taken as admitted when the respondent, without reasonable cause, fails or refuses to attend or remain in attendance at the hearing.

(g) Decision and order. The decision of the special inquiry officer may be oral or written. Except when a determination of withdrawal is based on the respondent's admissions pursuant to paragraph (f)(3) of this section, the decision shall include a discussion of the evidence and findings as to withdrawal. The formal enumeration of findings is not required. The order shall direct either that the proceeding be terminated or that the approval be withdrawn.

(h) Notice of decision-(1) Written decision. A written decision shall be served upon the respondent and the trial attorney, together with the notice of the right to appeal pursuant to Part 103 of this chapter.

(2) Oral decision. An oral decision shall be stated by the special inquiry officer in the presence of the respondent and the trial attorney at the conclusion of the hearing. Unless appeal from the decision is waived, the respondent shall be furnished with Notice of Appeal, Form I-290B, and advised of the provisions of paragraph (j) of this section. A typewritten copy of the oral decision shall be furnished at the request of the respondent or the trial attorney.

(i) Finality of order. The order of the special inquiry officer shall be final except when the case is certified to the regional commissioner as provided in Part 103 of this chapter or an appeal is taken to the regional commissioner by the respondent or the trial attorney.

(j) Appeals. Pursuant to Part 103 of this chapter, an appeal from a decision of a special inquiry officer under paragraph (g) of this section shall lie to the regional commissioner having jurisdiction over the district in which the proceeding was commenced. An appeal shall be taken within 15 days after the mailing of a written decision or the stating of an oral decision. The reasons for the appeal shall be stated briefly in the notice of appeal, Form I290B; failure to do so may constitute a ground for dismissal of the appeal by the regional commissioner.

(k) Reopening or reconsideration. Except as otherwise provided in this section, a motion to reopen or reconsider shall be subject to the requirements of § 103.5 of this chapter. The special inquiry officer may upon his own motion, or upon motion of the trial attorney or the respondent, reopen or reconsider any case in which he has made a decision, unless jurisdiction in the case is vested in the regional commissioner under Part 103 of this chapter. A motion to reopen shall not be granted by a special inquiry officer unless he is satisfied that evidence sought to be offered is material and was not available and could not have been discovered or presented at the hearing.

[37 FR 17463, Aug. 29, 1972, as amended at 38 FR 8591, Apr. 4, 1973; 40 FR 32313, Aug. 1, 1975]

PART 215-CONTROLS UPON DEPARTURE OF PERSONS FROM AND ENTRY INTO THE UNITED STATES

§ 215.1 General.

Pursuant to Presidental Proclamation No. 3004 of January 17, 1953, the provisions of section 215 of the Act are in force and effect. The travel controls imposed upon citizens of the United States in time of war or national emergency are contained in 22 CFR Part 53. The controls imposed upon aliens departing from the United States are contained in 22 CFR Part 46.

(Sec. 103, 215, 66 Stat. 173, 190; 8 U.S.C. 1103, 1185)

[32 FR 9626, July 4, 1967]

such a bond also may be accepted by the district director with jurisdiction over the port of entry or preinspection station where inspection of the alien takes place. Upon acceptance of such a bond, the district director shall notify the United States consular officer who requested the bond, giving the date and place of acceptance and amount of the bond. All bonds given as a condi tion of admission of an alien under section 221(g) of the Act shall be ex ecuted on Form I-352. For procedures relating to bond riders, acceptable sureties, cancellation, or breaching of bonds, see Part 103 of this chapter.

(Sec. 101, 103, 221, 66 Stat. 166, 173, 191; 8 U.S.C. 1101, 1103, 1201)

[32 FR 9626, July 4, 1967, as amended at 34 FR 1008, Jan. 23, 1969]

An application for a reentry permit under the provisions of section 223 of the Act shall be submitted on Form I131 by an applicant in the United States at least 30 days prior to the proposed date of departure. It shall be accompanied by the applicant's alien registration receipt card Form I-151, AR-3, or AR-103, or an application for a lost or destroyed card on Form I-90. If the applicant's name has been changed by marriage or by order of any court of competent jurisdiction, and a reentry permit or Form I-151 has never been issued in the changed name, the application shall also be accompanied by appropriate documentary evidence of such change. A reentry permit shall not be issued unless the alien is in possession of or is being furnished Form I-151. Additional pages for the affixation of foreign visas may be attached to a valid reentry permit without formal application or fee. A reentry permit applicant who is a lawful permanent resident alien, but who has an occupation

al status which would if he were seeking admission to the United States entitle him to a nonimmigrant status under section 101(a)(15) (A), (E), or (G), of the Act, may be issued a reentry permit only if he executes and submits with his application, or has previously executed and submitted, the written waiver on Form I-508 required by section 247(b) of the Act and Part 247 of this chapter, and, if applicable, Form I-508F (election as to tax exemption under the Convention between the United States and the French Republic) required by Part 247 of this chapter. A reentry permit applicant who is a lawful permanent resident alien and who is in possession of a refugee travel document issued pursuant to Part 223a of this chapter may be issued a reentry permit only if he surrenders the refugee travel document to the Service. The applicant shall be notified of the decision made on his application for a reentry permit and if the application is denied of the reasons therefor and of his right to appeal in accordance with the provisions of Part 103 of this chapter.

[39 FR 39545, Nov. 8, 1974]

§ 223.2 Extensions.

An application for extension of a reentry permit shall be submitted on Form I-131 prior to the expiration of the reentry permit's validity to the office having jurisdiction over the applicant's place of residence in the United States, or to the immigration officer stationed outside the United States having jurisdiction over the place where the applicant is temporarily sojourning, or to an American consular officer in South America, in those areas of Asia lying to the east of the western borders of Afghanistan and Pakistan (but not including Hong Kong and adjacent islands, Taiwan, Japan, Okinawa, Korea, and the Phillippines), in Australia, New Zealand, Bulgaria, Czechoslovakia, Hungary, Iceland, Poland, Romania, the Union of Soviet Socialist Republics, Yugoslavia, Iran, Iraq, Jordan, Saudi Arabia, Qatar, Syrian Arab Republic, Yemen, Aden, Kuwait, United Arab Emirates, and in Africa (including the Arab Republic of Egypt) when the applicant is temporarily sojourning in one of the

aforementioned

places. A reentry permit extension application mailed during the permit's validity is considered as timely submitted, even though received by a Service or consular office after the permit's validity has expired. If the extension application is granted, the permit will be noted to show the extension and returned to the applicant; if denied, the applicant shall be notified of the decision, and the permit returned to him if the remaining period of its validity permits its use for return to the United States. No appeal shall lie from a decision denying an application for extension of a reentry permit.

[40 FR 50702, Oct. 31, 1975, as amended at 42 FR 28113, June 2, 1977]

(k) Reopening or reconsideration. Except as otherwise provided in this section, a motion to reopen or reconsider shall be subject to the requirements of § 103.5 of this chapter. The special inquiry officer may upon his own motion, or upon motion of the trial attorney or the respondent, reopen or reconsider any case in which he has made a decision, unless jurisdiction in the case is vested in the regional commissioner under Part 103 of this chapter. A motion to reopen shall not be granted by a special inquiry officer unless he is satisfied that evidence sought to be offered is material and was not available and could not have been discovered or presented at the hearing.

[37 FR 17463, Aug. 29, 1972, as amended at 38 FR 8591, Apr. 4, 1973; 40 FR 32313, Aug. 1, 1975]

PART 215-CONTROLS UPON DEPARTURE OF PERSONS FROM AND ENTRY INTO THE UNITED STATES

§ 215.1 General.

Pursuant to Presidental Proclamation No. 3004 of January 17, 1953, the provisions of section 215 of the Act are in force and effect. The travel controls imposed upon citizens of the United States in time of war or national emergency are contained in 22 CFR Part 53. The controls imposed upon aliens departing from the United States are contained in 22 CFR Part 46.

(Sec. 103, 215, 66 Stat. 173, 190; 8 U.S.C. 1103, 1185)

[32 FR 9626, July 4, 1967]

such a bond also may be accepted by the district director with jurisdiction over the port of entry or preinspection station where inspection of the alien takes place. Upon acceptance of such bond, the district director shall notify the United States consular officer who requested the bond, giving the date and place of acceptance and amount of the bond. All bonds given as a condi tion of admission of an alien under section 221(g) of the Act shall be ex ecuted on Form I-352. For procedure relating to bond riders, acceptable sureties, cancellation, or breaching of bonds, see Part 103 of this chapter. (Sec. 101, 103, 221, 66 Stat. 166, 173, 191;8 U.S.C. 1101, 1103, 1201)

[32 FR 9626, July 4, 1967, as amended at 34 FR 1008, Jan. 23, 1969]

An application for a reentry permit under the provisions of section 223 of the Act shall be submitted on Form 1131 by an applicant in the United States at least 30 days prior to the proposed date of departure. It shall be accompanied by the applicant's alien registration receipt card Form I-151, AR-3, or AR-103, or an application for a lost or destroyed card on Form I-90. If the applicant's name has been changed by marriage or by order of any court of competent jurisdiction. and a reentry permit or Form I-151 has never been issued in the changed name, the application shall also be ac companied by appropriate documen tary evidence of such change. A reentry permit shall not be issued unless the alien is in possession of or is being furnished Form I-151. Additional pages for the affixation of foreign visas may be attached to a valid reentry permit without formal appli cation or fee. A reentry permit appli cant who is a lawful permanent resi dent alien, but who has an occupation