- (a) Upon application by the carrier, the Service shall determine whether circumstances exist which would justify a reduction, refund, or waiver of fines pursuant to section 273(e) of the Act.
- (b) Applications for reduction, refund, or waiver of fine under section 273(e) of the Act shall be made in accordance with the procedures outlined in 8 CFR 280.12 and 8 CFR 280.51.
(c) In determining the amount of the fine reduction, refund, or waiver, the Service shall consider:
- (1) The effectiveness of the carrier's screening procedures;
- (2) The carrier's history of fines violations, including fines, liquidated damages, and user fee payment records; and,
- (3) The existence of any extenuating circumstances.