[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: 33CFR1.07-55]



[Page 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. 1.07-55  Hearing procedures.



    (a) The Hearing Officer must conduct a fair and impartial proceeding 

in which the party is given a full opportunity to be heard. At the 

outset of the hearing, the Hearing Officer insures that the party is 

aware of the nature of the proceeding and of the alleged violation, and 

of the provisions of the law or regulation allegedly violated.

    (b) The material in the case file pertinent to the issues to be 

determined by the Hearing Officer is presented. The party has the right 

to examine, and to respond to or rebut, this material. The party may 

offer any facts, statements, explanations, documents, sworn or unsworn 

testimony, or other exculpatory items which bear on appropriate issues, 

or which may be relevant to the size of an appropriate penalty. The 

Hearing Officer may require the authentication of any written exhibit or 

statement.

    (c) At the close of the party's presentation of evidence, the 

Hearing Officer may allow the introduction of rebuttal evidence. The 

Hearing Officer may allow the party to respond to any such evidence 

submitted.

    (d) In receiving evidence, the Hearing Officer is not bound by 

strict rules of evidence. In evaluating the evidence presented, the 

Hearing Officer must give due consideration to the reliability and 

relevance of each item of evidence.

    (e) The Hearing Officer may take notice of matters which are subject 

to a high degree of indisputability and are commonly known in the 

community or are ascertainable from readily available sources of known 

accuracy. Prior to taking notice of a matter, the Hearing Officer gives 

the party an opportunity to show why notice should not be taken. In any 

case in which notice is taken, the Hearing Officer places a written 

statement of the matters as to which notice was taken in the record, 

with the basis for such notice, including a statement that the party 

consented to notice being taken or a summary of the party's objections.

    (f) After the evidence in the case has been presented, the party may 

present argument on the issues in the case. The party may also request 

an opportunity to submit a written statement for consideration by the 

Hearing Officer and for further review. The Hearing Officer shall allow 

a reasonable time for submission of the statement and shall specify the 

date by which it must be received. If the statement is not received 

within the time prescribed, or within the limits of any extension of 

time granted by the Hearing Officer, the Hearing Officer renders his 

decision in the case.