33 C.F.R. § 1.07-25

Preliminary matters

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(a) Within 30 days after receipt of notice of the initiation of the action, as described above, the party, or counsel for the party, may request a hearing, provide any written evidence and arguments in lieu of a hearing, or pay the amount specified in the notice as being appropriate. A hearing must be requested in writing; the request must specify the issues which are in dispute. Failure to specify a nonjurisdictional issue will preclude its consideration.

(b) The right to a hearing is waived if the party does not submit the request to the Hearing Officer within 30 days after receiving notice of the alleged violation. At the discretion of the Hearing Officer, a hearing may be granted if the party submits a late request.

(c) The Hearing Officer must promptly schedule all hearings which are requested. The Hearing Officer shall grant any delays or continuances which may be necessary or desirable in the interest of fairly resolving the case.

(d) A party who has requested a hearing may amend the specification of the issues in dispute at any time up to 10 days before the scheduled date of the hearing. Issues raised later than 10 days before the scheduled hearing may be presented only at the discretion of the Hearing Officer.

[CGD 78-82, 43 FR 54186, Nov. 20, 1978, as amended by CGD 85-001A, 51 FR 19329, May 29, 1986]

Notes of Decisions

Cited in 4 cases (1 in the last 5 years), 1986–2023 · leading case: Harry J. Williams v. United States Dep't of Transp. & United States Coast Guard, 781 F.2d 1573 (11th Cir. 1986).

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Harry J. Williams v. United States Dep't of Transp. & United States Coast Guard, 781 F.2d 1573 (11th Cir. 1986). “07-30 (1985); a hearing prior to assessment of any penalty, 33 C.F.R. §§ 1.07-25 , 1.07-55 (1985), at which he was able to present evidence, witness testimony and arguments, 33 C.”

Green v. United States Coast Guard, 642 F. Supp. 638 (N.D. Ill. 1986). “32-33); the option of a hearing prior to any penalty [which he rejected], 33 C.F.R. § 1.07-25 , 1.07-55 (A.R. 32-33); a written decision from the hearing officer, 33 C.”

Velez-Amador v. Schultz (D.P.R. 2023). · cites it 3× “See 33 C.F.R. § 1.07-25 . The Hearing Officer considered the evidence submitted by Vélez-Amador and made his final decision on December 18, 2018.”

Colbro Ship Mgmt. Co., Ltd. v. United States, 84 F. Supp. 2d 253 (D.P.R. 2000). · cites it 2× “” 33 C.F.R. § 1.07-25 (a). It also had the opportunity to present “the testimony of any witness either through a personal appearance or through a written statement[,]” and to “request the assistance of the Hearing Officer in obtaining the personal appearance of a witness.”

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