[Code of Federal Regulations]
[Title 46, Volume 1]
[Revised as of Octobery 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 46CFR1.01-25]

[Page 9-10]
 
                           TITLE 46--SHIPPING
 
         CHAPTER I--COAST GUARD, DEPARTMENT OF HOMELAND SECURITY
 
PART 1_ORGANIZATION, GENERAL COURSE AND METHODS GOVERNING MARINE SAFETY 
FUNCTIONS--Table of Contents
 
         Subpart 1.01_Organization and General Flow of Functions
 
Sec. 1.01-25  General flow of functions.

    (a) The Officer in Charge, Marine Inspection, has final authority 
with respect to the functions described in Sec. 1.01-15(b) of this 
subpart, subject to the rights of appeal set forth in subpart 1.03 of 
this part.
    (b) The general course and method by which the functions (other than 
those dealing with suspension and revocation of licenses, certificates, 
or documents described in paragraph (c) of this section) concerning 
marine safety activities are channeled, begins with the Officer in 
Charge, Marine Inspection, at the local Marine Safety Office. From this 
officer the course is to the Chief, Marine Safety Division, on the staff 
of the District Commander and then to the District Commander. From the 
District Commander the course is to the

[[Page 10]]

Chief of one of the offices within Marine Safety and Environmental 
Protection at Headquarters. In most administrative cases the channel 
ends at this point; however, on matters of policy and other appropriate 
cases, the course continues to the Assistant Commandant for Marine 
Safety and Environmental Protection, and then to the Commandant, whose 
decisions are final.
    (c) In proceedings involving the suspension or revocation of a Coast 
Guard license, certificate or document issued to an individual, the 
course and method by which such proceedings are channeled are as 
follows:
    (1) In the United States, the Commonwealth of Puerto Rico, Territory 
of Guam, the Virgin Islands, and other possessions, the proceedings are 
initiated by the bringing of charges and specifications against the 
holder of the Coast Guard license, certificate or document. A Coast 
Guard Investigating Officer under the supervision of an Officer in 
Charge, Marine Inspection, or an Officer in Charge, Marine Inspection 
causes the charges and specifications to be served on the person 
described therein (person charged) who is a holder of a Coast Guard 
license, certificate or document. At a hearing the Coast Guard submits 
evidence to support the charges and specifications, while the person 
charged may submit evidence in rebuttal or mitigation. The 
Administrative Law Judge renders a decision on the basis of the evidence 
adduced at the hearing and the law. The Administrative Law Judge's 
decision is given to the person charged.
    (i) In a case where an appeal is made by the person charged, the 
notice of appeal is filed with the Administrative Law Judge who heard 
the case or with any Officer in Charge, Marine Inspection, for 
forwarding to such Administrative Law Judge.
    (ii) [Reserved]
    (2) [Reserved]
    (d) In the performance of their duties, all Coast Guard 
Administrative Law Judges are bound by law and the regulations in this 
chapter or in 33 CFR chapter I. Statements of policy, clarification of 
points of procedure, and general administrative instructions are 
published in Administrative Law Judges' Circulars and Administrative Law 
Judges' Internal Practices and Procedures Series. The Chief 
Administrative Law Judge, located in the Office of the Commandant, U.S. 
Coast Guard, maintains a complete file of these publications for reading 
purposes during normal working hours.

[CGD 88-033, 54 FR 50376, Dec. 6, 1989, as amended by CGD 96-041, 61 FR 
50725, Sept. 27, 1996; CGD 97-057, 62 FR 51040, 51041, Sept. 30, 1997; 
USCG-2004-18884, 69 FR 58341, Sept. 30, 2004]