[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: 33CFR1.07-65]



[Page 19-20]

 

                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. 1.07-65  Hearing Officer's decisions.



    (a) The Hearing Officer issues a written decision. Any decision to 

assess a penalty is based upon substantial evidence in the record. If 

the Hearing Officer finds that there is not substantial evidence in the 

record establishing the alleged violation or some other violation of 

which the party had full and fair notice, the Hearing Officer shall



[[Page 20]]



dismiss the case and remand it to the District Commander. A dismissal is 

without prejudice to the District Commander's right to refile the case 

and have it reheard if additional evidence is obtained. A dismissal 

following a rehearing is final and with prejudice.

    (b) If the Hearing Officer assesses a penalty, the Hearing Officer's 

decision contains a statement advising the party of the right to an 

administrative appeal. The party is advised that failure to submit an 

appeal within the prescribed time will bar its consideration and that 

failure to appeal on the basis of a particular issue will constitute a 

waiver of that issue in any subsequent proceeding.



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

19329, May 29, 1986]