the immigration status of a victim of a qualifying criminal
activity or a petitioner, except to comply with Federal law or
as authorized by the victim or petitioner.
Section 6. Denial of certification forms.
(a) Notice of denial.--If a certifying official denies the
authorization of a certification form under section 3(c), the
certifying official shall provide a written notice to the
petitioner explaining how the available evidence does not
support a finding that the petitioner meets the requirements for
a certification form under section 3(a)(5). Except in the case
of an expedited time period to process a certification form
petition under section 4(a)(1), the certifying official shall
provide the written notice under this subsection to the
petitioner within 30 days of receipt of the petition. The
certifying official shall state the reasons for the denial in
the written notice under this subsection, including any of the
following reasons:
(1) Lack of jurisdiction over the certification form
request due to the certifying agency not having been involved
in the detection, investigation or prosecution of the
qualifying criminal activity. If the denial is for the reason
specified under this paragraph, the certifying official shall
refer the petitioner to the appropriate certifying official
within 30 days of providing the written notice under this
subsection. If the certifying official fails to refer the
petitioner to the appropriate certifying official within the
30-day period specified under this paragraph, the certifying
official shall authorize the certification form in accordance
with section 3(c) or provide a subsequent written notice to
the petitioner stating another reason for the denial.
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