33 C.F.R. § 1.07-65

Hearing Officer's decisions

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(a) The Hearing Officer issues a written decision. Any decision to assess a penalty is based upon substantial evidence in the record. If the Hearing Officer finds that there is not substantial evidence in the record establishing the alleged violation or some other violation of which the party had full and fair notice, the Hearing Officer shall dismiss the case and remand it to the District Commander. A dismissal is without prejudice to the District Commander's right to refile the case and have it reheard if additional evidence is obtained. A dismissal following a rehearing is final and with prejudice.

(b) If the Hearing Officer assesses a penalty, the Hearing Officer's decision contains a statement advising the party of the right to an administrative appeal. The party is advised that failure to submit an appeal within the prescribed time will bar its consideration and that failure to appeal on the basis of a particular issue will constitute a waiver of that issue in any subsequent proceeding.

[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 3 cases, 1986–2000 · 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). “07-40 (1985); a written decision from the hearing officer, 33 C.F.R. § 1.07-65 (1985); an appeal to the Commandant, 33 C.”

Green v. United States Coast Guard, 642 F. Supp. 638 (N.D. Ill. 1986). “32-33); a written decision from the hearing officer, 33 C.F.R. § 1.07-65 (A.R. 14-17); an appeal to the Commandant, 33 C.”

Colbro Ship Mgmt. Co., Ltd. v. United States, 84 F. Supp. 2d 253 (D.P.R. 2000). “” 33 C.F.R. § 1.07-65 . The standard of judicial review under the Clean Water Act after the amendments introduced by the Oil Pollution Act of 1990, 104 Stat.”

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