(a) Without prejudice. The Assistant Commissioner may cancel a broker's license or permit “without prejudice” upon written application by the broker if the Assistant Commissioner determines that the application for cancellation was not made in order to avoid proceedings for the suspension or revocation of the license or permit. If the Assistant Commissioner determines that the application for cancellation was made in order to avoid those proceedings, he may cancel the license or permit “without prejudice” only with authorization from the Secretary of Homeland Security, or his designee.

(b) With prejudice. The Assistant Commissioner may cancel a broker's license or permit “with prejudice” when specifically requested to do so by the broker. The effect of a cancellation “with prejudice” is in all respects the same as if the license or permit had been revoked for cause by the Secretary except that it will not give rise to a right of appeal.