[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: 33CFR1.07-20]



[Page 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. 1.07-20  Initiation of action.



    (a) When a case is received for action, the Hearing Officer makes a 

preliminary examination of the material submitted. If, on the basis of 

the preliminary examination, the Hearing Officer determines that there 

is insufficient evidence to proceed, or that there is any other reason 

which would make penalty action inappropriate, the Hearing Officer 

returns the case to the District Commander with a written statement of 

the reason. The District Commander may close the case or cause a further 

investigation of the alleged violation to be made with a view toward 

resubmittal of the case to the Hearing Officer.

    (b) If on the basis of the preliminary examination of the case file, 

the Hearing Officer determines that a violation appears to have been 

committed, the Hearing Officer notifies the party in writing of:

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

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

violation;

    (3) The general nature of the procedure for assessing and collecting 

the penalty;

    (4) The amount of penalty that appears to be appropriate, based on 

the material then available to the Hearing Officer;

    (5) The right to examine all materials in the case file and have a 

copy of all written documents provided upon request; and,

    (6) The fact that the party may demand a hearing prior to any actual 

assessment of a penalty.

    (c) If at any time it appears that the addition of another party to 

the proceedings is necessary or desirable, the Hearing Officer provides 

the additional party with notice as described above.