[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: 33CFR20.311]



[Page 77]

 

                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 C_Pleadings and Motions

 

Sec. 20.311  Withdrawal or dismissal.



    (a) An administrative proceeding may end in withdrawal without any 

act by an ALJ in any of the following ways:

    (1) By the filing of a stipulation by all parties who have appeared 

in the proceeding.

    (2) By the filing of a notice of withdrawal by the Coast Guard 

representative at any time before the respondent has served a responsive 

pleading.

    (3) With respect to a complaint filed under section 311(b)(6) of the 

Federal Water Pollution Control Act (33 U.S.C. 1321(b)(6)) or section 

109(d) of the Comprehensive Environmental Response, Compensation and 

Liability Act (42 U.S.C. 9609(b)), by the filing of--

    (i) A notice of withdrawal by the Coast Guard representative at any 

time after the respondent has served a responsive pleading, but before 

the issuance of an order assessing or denying a class II civil penalty, 

together with

    (ii) A certification by the representative that the filing of the 

notice is due to a request by the Attorney General--in accordance with 

subsection 10(d) of Executive Order 12777 (56 FR 54757; 3 CFR, 1991 

Comp., p. 351)--that the Coast Guard refrain from conducting an 

administrative proceeding.

    (b) Unless the stipulation or notice of withdrawal states otherwise, 

a withdrawal under paragraph (a) of this section is without prejudice.

    (c) Except as provided in paragraph (a) of this section, no 

administrative proceeding may end in withdrawal unless approved by an 

ALJ upon such terms as she or he deems proper.

    (d) Any respondent may move to dismiss a complaint, the government 

may move to dismiss a petition, or any party may lodge a request for 

relief, for failure of another party to--

    (1) Comply with the requirements of this part or with any order of 

the ALJ;

    (2) Show a right to relief based upon the facts or law; or

    (3) Prosecute the proceeding.

    (e) A dismissal resides within the discretion of the ALJ.