[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: 33CFR1.07-75]



[Page 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. 1.07-75  Action on appeals.



    (a) Upon receipt, the Hearing Officer provides a copy of the appeal 

and any supporting brief to the District Commander who referred the 

case. Any comments which the District Commander desires to submit must 

be received by the Hearing Officer within 30 days. The Hearing Officer 

includes the District Commander's comments, or not later than 30 days 

after receipt of the appeal if no comments are submitted by the District 

Commander, the Hearing Officer forwards all materials in the case to the 

Commandant.

    (b) The Commandant issues a written decision in each case and 

furnishes copies to the party, the District Commander, and the Hearing 

Officer, The Commandant may affirm, reverse, or modify the decision, or 

remand the case for new or additional proceedings. In the absence of a 

remand, the decision of the Commandant on appeal shall be final. In 

addition to the actions which may be taken by the Commandant on appeal, 

the Commandant may also remit, mitigate or suspend the assessment in 

whole or in part. Upon the taking of remission, mitigation, or 

suspension action, the Commandant will inform the party of the action 

and any conditions placed on the action.



[CGD 78-82, 43 FR 54186, Nov. 20, 1978, as amended by CGD 87-008a, 52 FR 

17555, May 11, 1987]