[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: 33CFR20.102]



[Page 71-72]

 

                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. 20.102  Definitions.



    Administrative Law Judge or ALJ means any person designated by the 

Commandant under paragraph 556(b)(3) of the Administrative Procedure Act 

(APA) (5 U.S.C. 556(b)(3)) to conduct hearings arising under 33 U.S.C. 

1321(b); 42 U.S.C. 9609(b); or 46 U.S.C. Chapter 77.

    Chief Administrative Law Judge or Chief ALJ means the Administrative 

Law Judge appointed as the Chief Administrative Law Judge of the Coast 

Guard by the Commandant.

    Class II Civil penalty proceeding means a trial-type proceeding for 

the assessment of a civil penalty that affords an opportunity for an 

oral, fact-finding hearing before an ALJ.

    Coast Guard Representative means an official of the Coast Guard 

designated to prosecute an administrative proceeding.

    Commandant means the Commandant of the Coast Guard. It includes the 

Vice-Commandant of the Coast Guard acting on behalf of the Commandant in 

any matter.

    Complaint means a document issued by a Coast Guard representative 

alleging a violation for which a penalty may be administratively 

assessed under 33 U.S.C. 1321(b) or 42 U.S.C. 9609(b), or a merchant 

mariner's license, certificate of registry, or document suspended or 

revoked under 46 U.S.C. 7703 or 7704.

    Hearing Docket Clerk means an employee of the Office of the Chief 

ALJ who is responsible for receiving documents, determining their 

completeness and legibility, and distributing them to ALJs and others, 

as required by this part.

    Interested person means a person who, as allowed in Sec. 20.404, 

files written comments on a proposed assessment of a class II civil 

penalty or files written notice of intent to present evidence in any 

such hearing held on the proposed assessment.

    Mail means first-class, certified, or registered matter sent by the 

Postal Service, or matter sent by an express-courier service.

    Motion means a request for an order or ruling from an ALJ.

    Party means a respondent or the Coast Guard.

    Person means an individual, a partnership, a corporation, an 

association, a public or private organization, or a governmental agency.

    Personal delivery means delivery by hand or in person, or through 

use of a contract service or an express-courier service. It does not 

include use of governmental interoffice mail.

    Pleading means a complaint, an answer, and any amendment to such 

document permitted under this part.

    Respondent means a person charged with a violation in a complaint 

issued under this part.



[[Page 72]]



    Suspension and revocation proceeding or S&R proceeding means a 

trial-type proceeding for the suspension or revocation of a merchant 

mariner's license, certificate of registry, or document issued by the 

Coast Guard that affords an opportunity for an oral, fact-finding 

hearing before an ALJ.