C.F.R. » Title 33 » CHAPTER I—COAST GUARD, DEPARTMENT OF HOMELAND SECURITY › SUBCHAPTER A—GENERAL › PART 20—RULES OF PRACTICE, PROCEDURE, AND EVIDENCE FOR FORMAL ADMINISTRATIVE PROCEEDINGS OF THE COAST GUARD › Subpart K—Finality, Petitions for Hearing, and Availability of Orders

33 C.F.R. § 20.1101

Finality

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(a) Civil penalty proceedings. (1) Unless appealed pursuant to subpart J of this part, an ALJ's decision becomes an order assessing or denying a class II civil penalty 30 days after the date of its issuance.

(2) If the Commandant issues a decision under Subpart J of this part, the decision constitutes an order of the Commandant assessing or denying a class II civil penalty on the date of issuance of the Commandant's decisions.

(b) S&R Proceedings. (1) Unless appealed pursuant to subpart J of this part, an ALJ's decision becomes final action of the Coast Guard 30 days after the date of its issuance.

(2) If the Commandant issues a decision under Subpart J of this part, the decision constitutes final action of the Coast Guard on the date of its issuance.

Notes of Decisions
Cited in 2 cases, 2009–2010 · leading case: Dresser v. Ingolia, 307 F. App'x 834 (5th Cir. 2009).
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Dresser v. Ingolia, 307 F. App'x 834 (5th Cir. 2009). · cites it 3× “It held that 33 C.F.R. § 20.1101 (b)(1) 6 was “clear on its face” that an ALJ decision was final unless appealed to the Commandant and that, if appealed to the Commandant, administrative remedies were not exhausted until the Commandant ruled.”
Dresser v. Meba Med. & Benefits Plan, 628 F.3d 705 (5th Cir. 2010). “33 C.F.R. § 20.1101 (b)(1) (2009). 19 . 46 U.”
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