[Code of Federal Regulations]

[Title 33, Volume 1]

[Revised as of July 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 33CFR1.07-10]



[Page 16]

 

                TITLE 33--NAVIGATION AND NAVIGABLE WATERS

 

         CHAPTER I--COAST GUARD, DEPARTMENT OF HOMELAND SECURITY

 

PART 1_GENERAL PROVISIONS--Table of Contents

 

    Subpart 1.07_Enforcement; Civil and Criminal Penalty Proceedings

 

Sec. 1.07-10  Reporting and investigation.



    (a) Any person may report an apparent violation of any law, 

regulation, or order that is enforced by the Coast Guard to any Coast 

Guard facility. When a report of an apparent violation has been 

received, or when an apparent violation has been detected by any Coast 

Guard personnel, the matter is investigated or evaluated by Coast Guard 

personnel. Once an apparent violation has been investigated or 

evaluated, a report of the investigation may be sent to the District 

Commander or other designated official in accordance with paragraph (b) 

of this section or a Notice of Violation under Sec. 1.07-11 may be 

given to the party by an issuing officer.

    (b) Reports of any investigation conducted by the Coast Guard or 

received from any other agency which indicate that a violation may have 

occurred may be forwarded to a District Commander or other designated 

official for further action. This is normally the District Commander of 

the District in which the violation is believed to have occurred, or the 

District in which the reporting unit or agency is found. The report is 

reviewed to determine if there is sufficient evidence to establish a 

prima facie case. If there is insufficient evidence, the case is either 

returned for further investigation or closed if further action is 

unwarranted. The case is closed in situations in which the investigation 

has established that a violation did not occur, the violator is unknown, 

or there is little likelihood of discovering additional relevant facts. 

If it is determined that a prima facie case does exist, a case file is 

prepared and forwarded to the Hearing Officer, with a recommended 

action. A record of any prior violations by the same person or entity, 

is forwarded with the case file.



[CGD 78-82, 43 FR 54186, Nov. 20, 1978, as amended by CGD 87-008a, 52 FR 

17554, May 11, 1987; CGD 93-079, 59 FR 16560, Apr. 7, 1994; USCG-2000-

7223, 65 FR 40054, June 29, 2000]