C.F.R. » Title 46 » CHAPTER I—COAST GUARD, DEPARTMENT OF HOMELAND SECURITY › SUBCHAPTER A—PROCEDURES APPLICABLE TO THE PUBLIC › PART 5—MARINE INVESTIGATION REGULATIONS—PERSONNEL ACTION › Subpart E—Deposit or Surrender of Coast Guard Credential or Endorsement

46 C.F.R. § 5.203

Voluntary surrender to avoid hearing

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(a) Any holder may surrender a credential or endorsement to the Coast Guard in preference to appearing at a hearing.

(b) A holder voluntarily surrendering a credential or endorsement shall sign a written statement containing the stipulations that:

(1) The surrender is made voluntarily in preference to appearing at a hearing;

(2) All rights to the credential or endorsement surrendered are permanently relinquished; and,

(3) Any rights with respect to a hearing are waived.

(c) A voluntary surrender of a credential or endorsement to an investigating officer in preference to appearing at a hearing is not to be accepted by an investigating officer unless the investigating officer is convinced that the holder fully realizes the effect of such surrender.

[CGD 82-002, 50 FR 32184, Aug. 9, 1985, as amended by USCG-2006-24371, 74 FR 11215, Mar. 16, 2009]
Notes of Decisions
Cited in 1 case (1 in the last 5 years), 2024–2024 · leading case: United States v. Cole (W.D. Wash. 2024).
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United States v. Cole (W.D. Wash. 2024). “6 Two days after the accident, Cole offered to voluntarily surrender his Merchant 7 Mariner Credentials (MMC) pursuant to 46 C.F.R. § 5.203 . Dkt. 1 at 5. USCG ultimately 8 accepted his surrender in October 2022, though its investigation continued.”
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