[Code of Federal Regulations]
[Title 46, Volume 1]
[Revised as of October 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 46CFR5.107]

[Page 58]
 
                           TITLE 46--SHIPPING
 
         CHAPTER I--COAST GUARD, DEPARTMENT OF HOMELAND SECURITY
 
PART 5--MARINE INVESTIGATION REGULATIONS--PERSONNEL ACTION--Table of Contents
 
                        Subpart D--Investigations
 
Sec. 5.107  Service of complaints.

    (a) When the investigating officer determines that an S&R proceeding 
is appropriate, he or she shall prepare and serve a complaint in 
accordance with 33 CFR part 20.
    (b) When the investigating officer serves the complaint, he or she 
shall also advise the respondent--
    (1) Of the nature of S&R proceedings and their possible results;
    (2) Of the right to be represented at the hearing by another person, 
who may, but need not, be a lawyer;
    (3) Of the right to obtain witnesses, records, and other evidence by 
subpoena; and
    (4) That failure or refusal to answer the complaint or to appear at 
the time, date, and place specified for the hearing may result in a 
finding of default, which will constitute an admission of the facts 
alleged in the complaint and the waiver of his or her right to a 
hearing.

[USCG-1998-3472, 64 FR 28075, May 24, 1999]