[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: 33CFR1.07-50]



[Page 18-19]

 

                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. 1.07-50  Witnesses.



    A party may present the testimony of any witness either through a 

personal appearance or through a written statement. The party may 

request the assistance of the Hearing Officer in obtaining the personal 

appearance of a witness. The request must be in writing and state the 

reasons why a written statement would be inadequate, the issue or issues 

to which the testimony would be relevant, and the substance of the 

expected testimony. If the Hearing Officer determines that the personal 

appearance of the witness may materially aid in the decision on the 

case, the



[[Page 19]]



Hearing Officer seeks to obtain the witness' appearance. Because many 

statutes prescribing civil penalties do not provide subpoena power, 

there may be cases where a witness cannot be required to attend. In such 

a case, the Hearing Officer may move the hearing to the witness' 

location, accept a written statement, or accept a stipulation in lieu of 

testimony. If none of these procedures is practical, the Hearing Officer 

shall proceed on the basis of the evidence before him.



[CGD 78-82, 43 FR 54186, Nov. 20, 1978, as amended by USCG-2002-12471, 

67 FR 41331, June 18, 2002]