[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: 33CFR1.07-11]



[Page 16-17]

 

                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. 1.07-11  Notice of violation.



    (a) After investigation and evaluation of an alleged violation has 

been completed, an issuing officer may issue a Notice of Violation to 

the party.

    (b) The Notice of Violation will contain the following information:

    (1) The alleged violation and the applicable law or regulations 

violated;

    (2) The amount of the maximum penalty that may be assessed for each 

violation;

    (3) The amount of proposed penalty that appears to be appropriate;

    (4) A statement that payment of the proposed penalty within 45 days 

will settle the case;

    (5) The place to which, and the manner in which, payment is to be 

made;

    (6) A statement that the party may decline the Notice of Violation 

and that if the Notice of Violation is declined, the party has the right 

to a hearing prior to a final assessment of a penalty by a Hearing 

Officer.

    (7) A statement that failure to either pay the proposed penalty on 

the Notice of Violation or decline the Notice of Violation and request a 

hearing within 45 days will result in a finding of default and the Coast 

Guard will proceed with the civil penalty in the amount recommended on 

the Notice of Violation without processing the violation under the 

procedures described in 33 CFR 1.07-10(b).



[[Page 17]]



    (c) The Notice of Violation may be hand delivered to the party or an 

employee of the party, or may be mailed to the business address of the 

party.

    (d) If a party declines the Notice of Violation within 45 days, the 

case file will be sent to the District Commander for processing under 

the procedures described in 33 CFR 1.07-10(b).

    (e) If a party pays the proposed penalty on the Notice of Violation 

within 45 days, a finding of proved will be entered into the case file.

    (f) If within 45 days of receipt a party--

    (1) Fails to pay the proposed penalty on the Notice of Violation; 

and

    (2) Fails to decline the Notice of Violation--the Coast Guard will 

enter a finding of default in the case file and proceed with the civil 

penalty in the amount recommended on the Notice of Violation without 

processing the violation under the procedures described in 33 CFR 1.07-

10(b).



[CGD 93-079, 59 FR 66482, Dec. 27, 1994, as amended by USCG-2001-9175, 

67 FR 38388, June 4, 2002]