Agency:
Scheme Nickname:
Merchant Marine Act/Merchant Ship Sales Act proceedings (Maritime Administration)
This scheme form encompasses the general rules of practice and procedure in 46 CFR Part 201. These rules govern proceedings before the Maritime Administration (an operating administration within DOT) and the Maritime Subsidy Board (a body within the Maritime Administration) arising under the Merchant Marine Acts of 1920 and 1936, as well as the Merchant Ship Sales Act of 1946. See 46 CFR 201.1.
Comments/Notes on Adjudication Structure:
-There is conflict as to the identity of the hearing officer. 46 CFR 201.19 identifies them as "presiding officers" who may either be Members of the Maritime Administration or Hearing Examiners qualified under section 11 of the APA (i.e., ALJs). 46 CFR 201.86 is more concrete, stating that ALJs from DOT's Office of Hearings will preside at all hearings required by statute or held under the Administration's discretionary authority, unless the Administration selects one of its officials or staff to serve as presiding officer.
-In some cases, the presiding officer makes the initial decision and cases are appealed to the Administration, see 46 CFR 201.133. In other cases, the presiding officer makes a recommendation, and the Administration makes the "initial" decision. See 46 CFR 201.158 and 201.164. The Administration is listed as the appellate office in this scheme.
Verified by Agency:
Not verified
Is this a Major Adjudication:
Yes