[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: 46CFR5.707]

[Page 63]
 
                           TITLE 46--SHIPPING
 
         CHAPTER I--COAST GUARD, DEPARTMENT OF HOMELAND SECURITY
 
PART 5_MARINE INVESTIGATION REGULATIONS_PERSONNEL ACTION--Table of Contents
 
                            Subpart J_Appeals
 
Sec. 5.707  Stay of effect of decision and order of Administrative Law 

Judge on appeal to the Commandant; temporary license, certificate, or 
document.

    (a) A person who has appealed from a decision suspending outright or 
revoking a license, certificate or document, except for revocation 
resulting from an offense enumerated in Sec. 5.59, may file a written 
request for a temporary license, certificate or document. This request 
must be submitted to the Administrative Law Judge who presided over the 
case, or to any Officer in Charge, Marine Inspection for forwarding to 
the Administrative Law Judge.
    (b) Action on the request is taken by the ALJ unless the hearing 
transcript has been forwarded to the Commandant, in which case, the 
Commandant will make the final action.
    (c) A determination as to the request will take into consideration 
whether the service of the individual is compatible with the 
requirements for safety at sea and consistent with applicable laws. If 
one of the offenses enumerated in Sec. 5.61(a) has been found proved, 
the continued service of the appellant will be presumed not compatible 
with safety at sea, subject to rebuttal by the appellant. A temporary 
document or license may be denied for that reason alone.
    (d) All temporary documents will provide that they expire not more 
than six months after issuance or upon service of the Commandant's 
decision on appeal, whichever occurs first. If a temporary document 
expires before the Commandant's decision is rendered, it may be renewed, 
if authorized by the Commandant.
    (e) If the request for a temporary document is denied by the 
Administrative Law Judge, the individual may appeal the denial, in 
writing, to the Commandant within 30 days after notification of such 
denial. Any decision by the Commandant to deny is the final agency 
action.
    (f) Copies of the temporary documents issued become a part of the 
record on appeal.

[CGD 82-002, 50 FR 32184, Aug. 9, 1985, as amended by USCG-2004-18884, 
69 FR 58342, Sept. 30, 2004]