Other Fields
Agency Scheme: 
DHSCCGID0009
ADJUDICATION STRUCTURE
Hearing Level: Basic Structure
Name of Hearing Office (local name): 
Hearing Board
Name of Hearing Office (global name): 
Department of Homeland Security: Hearing Board
Hearing Officer #1 (Title): 
Hearing Board Member
Hearing Officer #2 (Title): 
Commandant
Are administrative appeals permitted from final decisions at the hearing-level stage?: 
Yes (All Types of Cases)
Comments/Notes on Adjudication Structure: 

Individuals can apply for a Coast Guard Port Security Card; their application is evaluated on a number of factors before a Card is granted, and the Commandant may withhold approval of the application based on these factors. Likewise, a current holder of a Security Card may be deemed inimical to the security of the United States by the Commandant. In both cases, the Commandant gives notice to the applicant/holder, who may file a written answer including documents/evidence pertinent to the matter. If the Commandant is still unsatisfied, he may refer the case to a three-member Hearing Board chaired by an officer of the Coast Guard.

After the hearing, the Board submits a recommendation to the Commandant, who makes the decision whether to issue or withhold/withdraw a Security Card.

See 33 CFR Part 125

PROCESS & PROCEDURE - General Information
Are private parties permitted to have representation at hearings?: 
Yes (All Types of Cases)
Is the agency permitted to have representation at hearings?: 
N/A (e.g., Agency Not Party to Hearing)
Regulations/rules of practice for hearings (please include CFR citations): 
33 CFR 125.43
PROCESS & PROCEDURE - Pre-Hearing Procedure
Is discovery permitted by either party at the hearing-level stage?: 
No
Does the hearing officer have subpoena authority?: 
No
Are ex parte contacts prohibited?: 
No
Are parties provided notice of hearing?: 
Yes (All Types of Cases)
PROCESS & PROCEDURE - Hearing Procedure
What types of hearings are permitted at the hearing-level stage?: 
Written (Document-Only) Hearing
In-Person
How is the type of hearing selected: 
Required by Rule
How many hearing officers preside at each hearing?: 
Three
Is witness testimony permitted at hearings?: 
Yes
Can parties cross-examine witnesses?: 
Yes
Can third-parties submit amicus briefs and/or evidence?: 
Yes
Are hearings recorded and/or transcribed?: 
Yes
Are hearings open to the public?: 
Varies by Case
If "Varies by Case," please describe: 
33 CFR 125.43(b) - The hearing shall be in open or closed session at the option of the applicant or holder.
PROCESS & PROCEDURE - Post-Hearing Procedure
Who typically drafts the decision at the hearing-level stage?: 
Adjudication Officer
Who has authority to issue final decisions?: 
Other
Do agency regulations or guidance provide time limits for issuance of final decisions?: 
No
Is judicial review available after issuance of a final decision?: 
No
PROCESS & PROCEDURE - Case Management
Does the agency permit web-based electronic filing of hearing-related briefs or other documents?: 
No
Are final decisions published and/or posted on the agency website?: 
No
Do agency regulations/rules of practice specify the contents of the administrative record at the hearing-level stage?: 
Yes (All Types of Cases)
If "Yes," please provide citation(s): 
33 CFR 125.43(e) - "Anystatement and affidavits filed by the applicant or holder..."; (i) - "The Hearing Board shall give due consideration to documentary evidence developed by investigation, including membership cards, petitions bearing the applicant's or holder's signature, books, treatises or articles written by the applicant or holder and testimony by the applicant or holder before duly constituted authority"; (j) - "Complete verbatim stenographic transcription... shall constitute a permanent part of the record"
Do agency regulations/rules of practice provide for closure of the record at the hearing-level stage (subject to applicable exce: 
No
PROCESS & PROCEDURE - Comments
Comments/Notes on Hearing-Level Process & Procedures (Optional): 
After the Commandant makes a final decision, the applicant/holder may appeal to the Appeal Board. The Appeal Board conducts a hearing under the same procedures, and forwards a recommended decision to the Commandant, who makes the final decision on the appeal.
ADJUDICATORS
Total # of Hearing Officers: 
3
ADR: General Information
Is ADR available at one or more points during the hearing process?: 
No
Verified by Agency: 
Not verified