Scheme Nickname: 
Coast Guard Formal Hearings

This is the Coast Guard's formal adjudication scheme. It applies to the following specific case types: 1) Class II civil penalties assessed under subsection 311(b) of the Federal Water Pollution Control Act (33 U.S.C. 1321(b)(6)); 2) Class II civil penalties assessed under section 109 of the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. 9609(b)); 3) Suspensions and revocations conducted under 46 U.S.C. Chapter 77. See 33 CFR 20.101; 4) Hearings concerning factual issues in applications for a deepwater port license (33 CFR 148.228).

Hearings are conducted by an ALJ in accordance with the APA. The ALJ makes an initial decision, which may be appealed to the Commandant of the Coast Guard. No other administrative appeals are provided for.

Comments/Notes on Adjudication Structure: 
After the hearing record is closed, the ALJ renders an initial decision. Unless it is appealed, the ALJ's decision becomes final after 30 days. If either party appeals, the appellate briefs and record are sent to the Commandant, who may affirm, modify, reverse, or remand the decision. The Commandant's decision is the final agency decision.
Types of Adjudication: 
Type A
Verified by Agency: