[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: 46CFR5.567]

[Page 61]
 
                           TITLE 46--SHIPPING
 
         CHAPTER I--COAST GUARD, DEPARTMENT OF HOMELAND SECURITY
 
PART 5--MARINE INVESTIGATION REGULATIONS--PERSONNEL ACTION--Table of Contents
 
                           Subpart H--Hearings
 
Sec. 5.567  Order.

    (a) The Administrative Law Judge enters an order which recites the 
disposition of the case. When the finding is not proved, the 
Administrative Law Judge issues an order dismissing the proceeding with 
or without prejudice to refile. When the finding is proved, the 
Administrative Law Judge may order an admonition, suspension with or 
without probation, or revocation.
    (b) The order is directed against all licenses, certificates or 
documents, except that in cases of negligence or professional 
incompetence, the order is made applicable to specific licenses, 
certificates or documents. If the Administrative Law Judge determines 
that the respondent is professionally incompetent in the grade of the 
license, certificate or document held, but is considered competent in a 
lower grade, the license, certificate or document may be revoked and the 
issuance of one of a lower grade ordered.
    (c) An order must specify whether the license, certificate or 
document affected is:
    (1) Revoked;
    (2) Suspended outright for a specified period after surrender;
    (3) Suspended for a specified period, but placed on probation for a 
specific period; or
    (4) Suspended outright for a specified period, followed by a 
specified period of suspension on probation.
    (d) The order will normally state, that the license, certificate or 
document is to be surrendered to the Coast Guard immediately, if the 
order is one of revocation or includes a period of outright suspension. 
In cases involving special circumstances, the order may provide for 
surrender on a certain date.
    (e) The time of any period of outright suspension ordered does not 
commence until the license, certificate or document is surrendered to 
the Coast Guard. The time of any period of suspension on probation 
begins at the end of any period of outright suspension or the effective 
date of the order if there is no outright suspension.

[CGD 82-002, 50 FR 32184, Aug. 9, 1985, as amended by USCG-1998-3472, 64 
FR 28075, May 24, 1999]