46 C.F.R. § 1.03-40

Appeals from decisions or actions of the National Maritime Center

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Any person directly affected by a decision or action of an officer or employee of the National Maritime Center (NMC) involving any of the marine safety functions listed in § 1.01-15(c) of this subpart may, after requesting reconsideration of the decision or action by the NMC, make a formal appeal of that decision or action to the Director of Commercial Regulations and Standards (CG-5PS), in accordance with the procedures contained in § 1.03-15 of this subpart. The decision of the Director of Commercial Regulations and Standards (CG-5PS), on such an appeal will constitute final agency action.

[USCG-2006-25535, 71 FR 48482, Aug. 21, 2006. Redesignated by USCG-2006-25535, 72 FR 7930, Feb. 22, 2007; USCG-2008-0906, 73 FR 56507, Sept. 29, 2008; USCG-2013-0671, 78 FR 60144, Sept. 30, 2013; USCG-2004-17914, 78 FR 77882, Dec. 24, 2013; USCG-2016-0315, 81 FR 43954, July 6, 2016]
Notes of Decisions
Cited in 1 case, 2013–2013 · leading case: Clifford v. United States Coast Guard, 915 F. Supp. 2d 299 (E.D.N.Y 2013).
Clifford v. United States Coast Guard, 915 F. Supp. 2d 299 (E.D.N.Y 2013). “Plaintiffs right to appeal is also guaranteed by regulation, see 46 C.F.R. § 1.03-40 , and an agency adjudication should be granted more deference when it follows from consistent procedures with a right of appeal.”
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