This scheme covers the Coast Guard's procedures for "enforcement and administration of all statutory penalty provisions that the Coast Guard is authorized to enforce." 33 CFR 1.07-1. If a prima facie case for finding a violation exists following an investigation by CG personnel, the District Commander forwards the case file to a Hearing Officer. The party in violation has the right to a hearing prior to a final penalty assessment by the Hearing Officer. The party must request a hearing or submit written evidence and arguments in lieu of a hearing, or else pay the specified penalties. Following the hearing, the Hearing Officer issues a written decision either assessing a penalty or dismissing the case (without prejudice, subject to refiling by District Commander; a dismissal following the rehearing is final). A party assessed a penalty has the right to an administrative appeal. Appeals are decided by the Commandant of the Coast Guard, affirming/reversing/modifying the decision or remanding for additional proceedings.
Agency:
Scheme Nickname:
Coast Guard Hearing Procedure (Statutory Penalties)
Comments/Notes on Adjudication Structure:
A Hearing Officer is a Coast Guard officer/employee who has been delegated the authority to assess civil penalties. 33 CFR 1.07-5. The Hearing Officer has no other responsibility, direct or supervisory, for the investigation of cases referred for the assessment of civil penalties. The hearing officer may take action on a case referred by any District Commander. The Hearing Officer decides each case on the basis of the evidence before him, and must have no prior connection with the case. The Hearing Officer is solely responsible for the decision in each case referred to him. 33 CFR 1.07-15(a)-(b)
Types of Adjudication:
Type B
Verified by Agency:
Verified
Is this a Major Adjudication:
Yes