[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: 33CFR20.101] [Page 70-71] TITLE 33--NAVIGATION AND NAVIGABLE WATERS CHAPTER I--COAST GUARD, DEPARTMENT OF HOMELAND SECURITY PART 20_RULES OF PRACTICE, PROCEDURE, AND EVIDENCE FOR FORMAL ADMINISTRATIVE PROCEEDINGS OF THE COAST GUARD--Table of Contents Subpart A_General Sec. 20.101 Scope. Subpart A_General Sec. 20.101 Scope. 20.102 Definitions. 20.103 Construction and waiver of rules. Subpart B_Administrative Law Judges 20.201 Assignment. 20.202 Powers. 20.203 Unavailability. 20.204 Withdrawal or disqualification. 20.205 Ex parte communications. 20.206 Separation of functions. Subpart C_Pleadings and Motions 20.301 Representation. 20.302 Filing of documents and other materials. 20.303 Form and content of filed documents. 20.304 Service of documents. 20.305 Amendment or supplementation of filed documents. 20.306 Computation of time. 20.307 Complaints. 20.308 Answers. 20.309 Motions. 20.310 Default by respondent. 20.311 Withdrawal or dismissal. Subpart D_Proceedings 20.401 Initiation of administrative proceedings. 20.402 Public notice. 20.403 Consolidation and severance. 20.404 Interested persons. Subpart E_Conferences and Settlements 20.501 Conferences. 20.502 Settlements. Subpart F_Discovery 20.601 General. 20.602 Amendatory or supplementary responses. 20.603 Interrogatories. 20.604 Requests for production of documents or things, for inspection or other purposes. 20.605 Depositions. 20.606 Protective orders. 20.607 Sanctions for failure to comply. 20.608 Subpoenas. 20.609 Motions to quash or modify. Subpart G_Hearings 20.701 Standard of proof. 20.702 Burden of proof. 20.703 Presumptions. 20.704 Scheduling and notice of hearings. 20.705 Failure to appear. 20.706 Witnesses. 20.707 Telephonic testimony. 20.708 Witnesses' fees. 20.709 Closing of the record. 20.710 Proposed findings, closing arguments, and briefs. Subpart H_Evidence 20.801 General. 20.802 Admissibility of evidence. 20.803 Hearsay evidence. 20.804 Objections and offers of proof. 20.805 Proprietary information. 20.806 Official notice. 20.807 Exhibits and documents. 20.808 Written testimony. 20.809 Stipulations. Subpart I_Decisions 20.901 Summary decisions. 20.902 Decisions of the ALJ. 20.903 Records of proceedings. 20.904 Reopening. Subpart J_Appeals 20.1001 General. 20.1002 Records on appeal. 20.1003 Procedures for appeal. 20.1004 Decisions on appeal. Subpart K_Finality, Petitions for Hearing, and Availability of Orders 20.1101 Finality. 20.1102 Petitions to set aside decisions and provide hearings for civil penalty proceedings. 20.1103 Availability of decisions. Subpart L_Expedited Hearings 20.1201 Application. 20.1202 Filing of pleadings. 20.1203 Commencement of expedited hearings. 20.1205 Motion for return of temporarily suspended license, certificate of registry, or document. 20.1206 Discontinuance of expedited hearings. 20.1207 Pre-hearing conferences. 20.1208 Expedited hearings. [[Page 71]] 20.1209 Appeals of ALJ's decisions. Subpart M_Supplementary Evidentiary Rules for Suspension and Revocation Hearings 20.1301 Purpose. 20.1303 Authentication and certification of extracts from shipping articles, logbooks, and the like. 20.1305 Admissibility and weight of entries from logbooks. 20.1307 Use of judgments of conviction. 20.1309 Admissibility of respondents' criminal records and records with the Coast Guard before entry of findings and conclusions. 20.1311 Admissions by respondent. 20.1313 Medical examination of respondents. 20.1315 Submission of prior records and evidence in aggravation or mitigation. Authority: 33 U.S.C. 1321; 42 U.S.C. 9609; 46 U.S.C. 7701, 7702; 49 CFR 1.46. Source: CGD 98-3472, 64 FR 28062, May 24, 1999, unless otherwise noted. Except as otherwise noted, the rules of practice, procedure, and evidence in this part apply to the following subjects of administrative proceedings before the United States Coast Guard: (a) Class II civil penalties assessed under subsection 311(b) of the Federal Water Pollution Control Act (33 U.S.C. 1321(b)(6)). (b) Class II civil penalties assessed under section 109 of the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. 9609(b)). (c) Suspensions and revocations conducted under 46 U.S.C. Chapter 77.