October 2019 — Question 8
Which of the below time frame is INCORRECT?
- AFive years after the revocation or cancellation “with prejudice” of a license, the ex-broker may petition the Assistant Commissioner for authorization to assist, or accept employment with, a broker.
- BIf a monetary penalty is assessed and no appeal from the Secretary's order is filed, payment of the penalty must be tendered within 60 calendar days after the effective date of the order, and, if payment is not tendered within that 60-day period, the license or permit of the broker will immediately be suspended until payment is made.
- CIf a broker who has been granted a permit for an additional district fails, for any continuous period of 180 days, to employ within that district (or region) at least one person who holds a valid individual broker's license, that failure will, in addition to any other sanction that may be imposed under this part, result in the revocation of the permit by operation of law.
- DEach broker must file a written status report with Customs on February 1, 1985, and on February 1 of each year after that date.✓ CBP's answer
- EThe broker must provide a written notification to each active client concerning the method of payment no later than February 28, 1983, and at least once at any time within each 12-month period after that date. An active client means a client from whom a broker has obtained a power of attorney and for whom the broker has transacted customs business on at least two occasions within the 12-month period preceding notification. Category 2 – Entry
Why this answer
The cited provision, 19 CFR 111.30(d) as tested, required each broker to file a written status report on February 1, 1985, and on February 1 of each third year after that date — a triennial obligation. Option D restates it as a filing on February 1 of each year, misstating the frequency, which makes it the incorrect timeframe. The other options faithfully reproduce their sources, including the five-year wait after a revocation with prejudice, the 60-day penalty payment window, and the 180-day district employment rule. E tempts most because its obscure 1983 payment-notice language sounds invented, yet it mirrors the actual notice-to-client rule. Watch for: Suspecting the obscure but accurate 1983 notice rule instead of the annual-versus-triennial error.
Original CBLE Simulator explanation — the question and key above are CBP's; this analysis is ours. Verify against the current edition before relying on it in practice.
CBP's cited authority
Answer and citations as published in CBP's official answer key for the October 2019 examination.
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