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 K—Review of Administrative Law Judge's Decisions in Cases Where Charges Have Been Found Proved

46 C.F.R. § 5.805

Action on review

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(a) The Commandant may adopt, in whole or in part, the findings, conclusions, and basis therefor stated by the Administrative Law Judge, may make entirely new findings on the record, or may remand the case to the Administrative Law Judge for further proceedings.

(b) In no case will the review by the Commandant be followed by any order increasing the severity of the Administrative Law Judge's original order.

(c) The Decision of the Commandant on Review, shall be the final agency action in the absence of a remand.

[CGD 82-002, 50 FR 32184, Aug. 9, 1985, as amended by USCG-2004-18884, 69 FR 58342, Sept. 30, 2004]
Notes of Decisions
Cited in 1 case, 2009–2009 · 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). “In the present case, the district court held that there was no final agency action by the Coast Guard in Dresser’s and Rogers’s cases because their appeals were still pending with the Commandant.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.