46 C.F.R. § 5.501
General
A hearing concerning the suspension or revocation of a merchant mariner's credential or endorsement is a formal adjudication under the Administrative Procedure Act (APA) (5 U.S.C. 551, et seq.). It is presided over by, and conducted under the exclusive control of, an ALJ in accordance with applicable requirements in the APA, the rules in this part, and the rules of administrative practice at 33 CFR part 20. The ALJ shall regulate and conduct the hearing so as to bring out all the relevant and material facts and to ensure a fair and impartial hearing.
Notes of Decisions
Cited in 1
case, 1989–1989 · leading case: Olney M. Wardell v. Dep't of Transp., Nat'l Transp. Saf. Bd., 884 F.2d 510 (9th Cir. 1989).
Olney M. Wardell v. Dep't of Transp., Nat'l Transp. Saf. Bd., 884 F.2d 510 (9th Cir. 1989). “Klimas’s testimony violated the rule of exclusion set forth in 46 C.F.R. § 5.501 (d)(5). 2 On March 5, 1986, the ALJ found that the presumption of negligence created when a moving vessel hits a stationary object had not been rebutted, and further, that negligence had been shown…”
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