33 C.F.R. § 20.1001

General

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(a) Any party may appeal the ALJ' s decision by filing a notice of appeal. The party shall file the notice with the U. S. Coast Guard Administrative Law Judge Docketing Center; Attention: Hearing Docket Clerk; Room 412; 40 S. Gay Street; Baltimore, MD 21201-4022. The party shall file the notice 30 days or less after issuance of the decision, and shall serve a copy of it on the other party and each interested person.

(b) No party may appeal except on the following issues:

(1) Whether each finding of fact is supported by substantial evidence.

(2) Whether each conclusion of law accords with applicable law, precedent, and public policy.

(3) Whether the ALJ abused his or her discretion.

(4) The ALJ's denial of a motion for disqualification.

(c) No interested person may appeal a summary decision except on the issue that no hearing was held or that in the issuance of the decision the ALJ did not consider evidence that that person would have presented.

(d) The appeal must follow the procedural requirements of this subpart.

Notes of Decisions

Cited in 3 cases, 2010–2012 · leading case: Dresser v. Meba Med. & Benefits Plan, 628 F.3d 705 (5th Cir. 2010).

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Dresser v. Meba Med. & Benefits Plan, 628 F.3d 705 (5th Cir. 2010). “33 C.F.R. § 20.1001 (a) (2009). 21 . Id. § 20.”

Murray Rogers v. Joseph Ingolia, 424 F. App'x 283 (5th Cir. 2011). “See 33 C.F.R. § 20.1001 ; 46 C.F.R. § 5.65 . The Commandant’s decision can then also be ap *285 pealed.”

Jory v. Sec'y, United States Dep't of Homeland Sec., 859 F. Supp. 2d 72 (D.D.C. 2012). “33 C.F.R. § 20.1001 (a). No more than sixty days after the ALJ’s decision, the party must also submit an appellate brief to the Commandant.”

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