[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: 33CFR1.07-25]



[Page 17-18]

 

                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. 1.07-25  Preliminary matters.



    (a) Within 30 days after receipt of notice of the initiation of the 

action, as described above, the party, or counsel for the party, may 

request a hearing, provide any written evidence and arguments in lieu of 

a hearing, or pay the amount specified in the notice as being 

appropriate. A hearing must be requested in writing; the request must 

specify the issues which are in dispute. Failure to specify a 

nonjurisdictional issue will preclude its consideration.

    (b) The right to a hearing is waived if the party does not submit 

the request to the Hearing Officer within 30 days after receiving notice 

of the alleged



[[Page 18]]



violation. At the discretion of the Hearing Officer, a hearing may be 

granted if the party submits a late request.

    (c) The Hearing Officer must promptly schedule all hearings which 

are requested. The Hearing Officer shall grant any delays or 

continuances which may be necessary or desirable in the interest of 

fairly resolving the case.

    (d) A party who has requested a hearing may amend the specification 

of the issues in dispute at any time up to 10 days before the scheduled 

date of the hearing. Issues raised later than 10 days before the 

scheduled hearing may be presented only at the discretion of the Hearing 

Officer.



[CGD 78-82, 43 FR 54186, Nov. 20, 1978, as amended by CGD 85-001A, 51 FR 

19329, May 29, 1986]