cfr_sections
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| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
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| 33:33:1.0.1.1.5.1.1.1 | 33 | Navigation and Navigable Waters | I | A | 5 | PART 5—COAST GUARD AUXILIARY | A | Subpart A—General | § 5.1 Definitions. | USCG | [USCG-1999-6712, 80 FR 3476, Jan. 23, 2015, as amended by USCG-2020-0304, 85 FR 58276, Sept. 18, 2020] | Certain terms used in this part are defined as follows: Aircraft means any contrivance now known or hereafter invented, used, or designed for navigation of or flight in the air. Auxiliary means the United States Coast Guard Auxiliary established pursuant to the Auxiliary Act. Auxiliary Act means the laws governing the Coast Guard Auxiliary, codified in chapters 23 and 25 of Title 14, United States Code (14 U.S.C. 3901-3913 and 4101-4104). Commandant means the Commandant of the United States Coast Guard. Direct Law Enforcement includes boarding a vessel for law enforcement purposes, carrying firearms or law enforcement equipment (handcuffs, pepper spray, etc.), investigating complaints of negligent operations, serving subpoenas, and covert operations. For more details see Chapter 4.E. of the Auxiliary Operations Policy Manual, COMDTINST M16798.3 (series). Facility means a vessel, aircraft, radio station, motorized vehicle, trailer, or other equipment accepted for use by the Coast Guard. Member means any person who is a member of the Auxiliary. Motorboat means any documented or numbered vessel propelled by machinery. Personal property of the Auxiliary means a vessel, aircraft, radio station, motorized vehicle, trailer, or other equipment owned by, or under the administrative jurisdiction of, the Coast Guard Auxiliary or an Auxiliary unit, and that is used solely for Auxiliary purposes and in accordance with the Auxiliary Act. Radio station means any equipment (including a building, recreational vehicle, trailer, or other motorized vehicle which houses such equipment) used for radio communication or direction finding. Secretary means the Secretary of the Department in which the Coast Guard is operating. Vessel means any water craft, including non-displacement craft and seaplanes, used, or capable of being used, as a means of transportation on water. Yacht means either— (1) Any documented or numbered vessel used exclusively for pleasure; or (2) Any sailboat used exclusively for pleasure mo… | |||
| 33:33:1.0.1.1.5.1.1.2 | 33 | Navigation and Navigable Waters | I | A | 5 | PART 5—COAST GUARD AUXILIARY | A | Subpart A—General | § 5.3 Purpose. | USCG | (a) The Auxiliary is a uniformed, volunteer, non-military organization administered by the Commandant under the direction of the Secretary. (b) The purpose of the Auxiliary is to assist the Coast Guard, as authorized by the Commandant, in performing any Coast Guard function, power, duty, role, mission, or operation authorized by law. (c) Auxiliary units assist the Coast Guard in maintenance and upkeep, and in conducting tours of Coast Guard and other Federal- or State-owned structures and property. (d) The Auxiliary assist Federal, State, and municipal agencies, as authorized by the Commandant. | ||||
| 33:33:1.0.1.1.5.1.1.3 | 33 | Navigation and Navigable Waters | I | A | 5 | PART 5—COAST GUARD AUXILIARY | A | Subpart A—General | § 5.5 Organization, officers, and leadership. | USCG | (a) The Coast Guard Auxiliary is organized pursuant to the Auxiliary Act and Coast Guard regulations. Organizational elements include a national board and staff, national leadership, areas, districts, regions, divisions, and flotillas. A flotilla is the basic organizational unit of the Auxiliary. (b) The Auxiliary has elected and appointed officers. (1) Elected officers are in charge of Auxiliary units and elements at both the national and local levels of the Auxiliary organization. The Unit Leader is the senior elected officer at each level of the Auxiliary organization: Flotilla Commanders, Division Commanders, District Commodores, and the National Commodore are unit leaders. (2) Appointed officers are appointed by elected officers and hold staff positions in Auxiliary units at both the national and local levels of the Auxiliary organization. (c) For all Auxiliary units, the Unit Leader is the person authorized to exercise the authority set forth in § 5.7 on behalf of his or her unit, and may delegate that authority. (d) For all Auxiliary units, the Finance Officer is the person authorized to handle, transfer and disburse bank accounts, monies, stocks, bonds, and other items of intangible personal property on behalf of his or her Auxiliary Unit. | ||||
| 33:33:1.0.1.1.5.1.1.4 | 33 | Navigation and Navigable Waters | I | A | 5 | PART 5—COAST GUARD AUXILIARY | A | Subpart A—General | § 5.7 Administration, specific authorizations. | USCG | (a) The Commandant may delegate any authority vested in him or her by the Auxiliary Act or by this part to personnel of the Coast Guard and members of the Auxiliary in the manner and to the extent as the Commandant deems necessary or appropriate for the functioning, organization, and internal administration of the Auxiliary. (b) The Commandant has authorized Auxiliary Unit Leaders to take the following actions in furtherance of the authorized missions of the Auxiliary. This is not an exclusive list— (1) Acquire, own, hold, use, and dispose of vessels, aircraft, motorized vehicles, trailers, radio stations, electronic equipment and other items of tangible, personal property; (2) Accept ownership, custody, or use of vessels, boats, aircraft, radio stations, motorized vehicles, trailers, electronic equipment, and other tangible property from the Coast Guard, from other Federal, State, or municipal agencies, or from private or non-profit groups; (3) Create and manage bank accounts, monies, stocks, bonds, and other financial instruments; (4) Accept and use gifts, grants, legacies, and bequests; (5) Accept funds, materials, services, and the use of facilities from public and private entities and Federal, State, or municipal agencies; (6) Enter into licenses, leases, contracts, memoranda of agreement, or understanding, and other agreements; and (7) Enter into cooperative agreements and grant agreements with the Coast Guard and other Federal, State, or municipal agencies. (c) The national board of the Auxiliary may form a corporation under State law and Coast Guard policy to manage the Auxiliary's fiscal affairs. The national corporation may— (1) Hold copyrights, trademarks, and titles to Auxiliary property; (2) Contract with the Coast Guard and other Federal, State, and municipal agencies to procure such goods and services; (3) Receive grants, gifts, and other items on behalf of the Auxiliary; and (4) Conduct other activities as may be authorized by the Commandant. (d) An Auxiliary district or region may f… | ||||
| 33:33:1.0.1.1.5.1.1.5 | 33 | Navigation and Navigable Waters | I | A | 5 | PART 5—COAST GUARD AUXILIARY | A | Subpart A—General | § 5.9 References. | USCG | [USCG-1999-6712, 80 FR 3476, Jan. 23, 2015, as amended by USCG-2022-0323, 88 FR 10028, Feb. 16, 2023] | Further guidance on Auxiliary missions and activities may be found in Coast Guard directives and publications, including the Auxiliary Manual (Commandant Instruction M16790.1(series)) and the Auxiliary Operations Policy Manual (Commandant Instruction M16798.3(series)). Those directives and publications can be found online at https://www.dcms.uscg.mil/directives . | |||
| 33:33:1.0.1.1.5.2.1.1 | 33 | Navigation and Navigable Waters | I | A | 5 | PART 5—COAST GUARD AUXILIARY | B | Subpart B—Membership | § 5.10 Eligibility for membership. | USCG | (a) To be eligible for membership in the Auxiliary, a person must— (1) Be a United States citizen, a national of the United States or of its Territories and possessions, or an alien lawfully admitted for permanent residence; and (2) Meet the standards for enrollment, retention, and conduct established by the Commandant. (b) An applicant who is accepted for membership will be enrolled in the Auxiliary and will be issued a membership certificate and identification card. Possession of a membership certificate or identification card does not entitle a person to any rights or privileges of the Coast Guard or the Coast Guard Reserve except as authorized by the Commandant. | ||||
| 33:33:1.0.1.1.5.2.1.10 | 33 | Navigation and Navigable Waters | I | A | 5 | PART 5—COAST GUARD AUXILIARY | B | Subpart B—Membership | § 5.19 Disenrollment. | USCG | A member of the Auxiliary will be disenrolled on the member's request, upon ceasing to possess the qualifications for membership, for cause, or upon direction of the Commandant. | ||||
| 33:33:1.0.1.1.5.2.1.2 | 33 | Navigation and Navigable Waters | I | A | 5 | PART 5—COAST GUARD AUXILIARY | B | Subpart B—Membership | § 5.11 Honorary members. | USCG | The Commandant may grant any person honorary membership in the Auxiliary. An honorary member of the Auxiliary, solely by reason of such honorary membership, is not entitled to any of the rights, benefits, privileges, duties, or obligations of Auxiliary membership. | ||||
| 33:33:1.0.1.1.5.2.1.3 | 33 | Navigation and Navigable Waters | I | A | 5 | PART 5—COAST GUARD AUXILIARY | B | Subpart B—Membership | § 5.12 Offices, titles, designations, qualifications, and recognition. | USCG | Members of the Auxiliary will have such offices, titles, designations, qualifications, and recognition for achievements as prescribed by the Commandant. | ||||
| 33:33:1.0.1.1.5.2.1.4 | 33 | Navigation and Navigable Waters | I | A | 5 | PART 5—COAST GUARD AUXILIARY | B | Subpart B—Membership | § 5.13 Advancement. | USCG | The Commandant will prescribe the circumstances and qualifications under which members of the Auxiliary may be advanced in offices and programs. | ||||
| 33:33:1.0.1.1.5.2.1.5 | 33 | Navigation and Navigable Waters | I | A | 5 | PART 5—COAST GUARD AUXILIARY | B | Subpart B—Membership | § 5.14 Uniforms and insignia. | USCG | (a) Members of the Auxiliary are authorized to wear uniforms, uniform insignia, and awards as prescribed by the Commandant. Auxiliary uniform insignia indicate, and are solely associated with, Auxiliary offices, titles, designations, qualifications, and achievements. Auxiliary uniform insignia do not indicate rank in any military service or government agency. (b) Members of the Auxiliary may purchase from the Coast Guard such uniforms, insignia, and awards as may be authorized by the Commandant. | ||||
| 33:33:1.0.1.1.5.2.1.6 | 33 | Navigation and Navigable Waters | I | A | 5 | PART 5—COAST GUARD AUXILIARY | B | Subpart B—Membership | § 5.15 [Reserved] | USCG | |||||
| 33:33:1.0.1.1.5.2.1.7 | 33 | Navigation and Navigable Waters | I | A | 5 | PART 5—COAST GUARD AUXILIARY | B | Subpart B—Membership | § 5.16 Compensation and travel expenses. | USCG | (a) Except as provided in paragraph (b) of this section, no member of the Auxiliary will receive any compensation for services as a member of the Auxiliary. (b) A member of the Auxiliary may be paid actual necessary travelling expenses, including a per diem allowance. | ||||
| 33:33:1.0.1.1.5.2.1.8 | 33 | Navigation and Navigable Waters | I | A | 5 | PART 5—COAST GUARD AUXILIARY | B | Subpart B—Membership | § 5.17 Status of members as Federal employees. | USCG | [USCG-1999-6712, 80 FR 3476, Jan. 23, 2015, as amended by USCG-2020-0304, 85 FR 58276, Sept. 18, 2020] | Members of the Auxiliary are not considered Federal employees except as provided by 14 U.S.C. 3904 or other provisions of law. | |||
| 33:33:1.0.1.1.5.2.1.9 | 33 | Navigation and Navigable Waters | I | A | 5 | PART 5—COAST GUARD AUXILIARY | B | Subpart B—Membership | § 5.18 Injury or death in the line of duty. | USCG | [USCG-1999-6712, 80 FR 3476, Jan. 23, 2015, as amended by USCG-2020-0304, 85 FR 58276, Sept. 18, 2020] | (a) The performance of duty, as the term is used in this part, includes time spent in the performance of duty, travel between duty locations, and travel between a place of assigned duty and either the Auxiliarist's permanent residence or other appropriate non-duty destination. (b) A member of the Auxiliary who incurs physical injury or contracts sickness or disease in the performance of duty is entitled to medical and dental care until the resulting impairment cannot be materially improved by further hospitalization or treatment. A member of the Auxiliary who incurs physical injury or contracts sickness or disease in the performance of duty is entitled to obtain medical care from the Coast Guard, including through Coast Guard arrangements with a contract provider, the Public Health Service, the Department of Defense, or a Veterans' Administration facility. (c) If a member of the Auxiliary is physically injured or dies as a result of physical injury, and the injury is incurred in the performance of duty, the member or the member's beneficiaries are authorized to receive compensation in accordance with 14 U.S.C. 3707, 5 U.S.C. 8133 and 8134 and section 651 of Public Law 104-208 (5 U.S.C. 8133 Note). | |||
| 33:33:1.0.1.1.5.3.1.1 | 33 | Navigation and Navigable Waters | I | A | 5 | PART 5—COAST GUARD AUXILIARY | C | Subpart C—Activities, Operations, and Training | § 5.20 Authority. | USCG | (a) Except as provided in paragraphs (b) and (c) of this section, or otherwise limited by the Commandant, members of the Auxiliary assigned to duty will have the same authority in that duty's execution as a member of the Coast Guard who is assigned to a similar duty. (b) Members of the Auxiliary are not authorized to engage in direct law enforcement or military missions. (c) Members of the Auxiliary are not authorized to enforce limited access areas, regulated navigation areas, or special local regulations. Members of the Auxiliary assigned to patrol limited access areas, regulated navigation areas, or areas regulated under special local regulations may advise the public regarding compliance with the limited access area, regulated navigation area, or areas regulated by special local regulations. | ||||
| 33:33:1.0.1.1.5.3.1.2 | 33 | Navigation and Navigable Waters | I | A | 5 | PART 5—COAST GUARD AUXILIARY | C | Subpart C—Activities, Operations, and Training | § 5.22 Assignment to duties. | USCG | Members of the Auxiliary will not be assigned duties until they have been found to be competent to perform such duties and have been designated by authority of the Commandant to perform such duties. | ||||
| 33:33:1.0.1.1.5.3.1.3 | 33 | Navigation and Navigable Waters | I | A | 5 | PART 5—COAST GUARD AUXILIARY | C | Subpart C—Activities, Operations, and Training | § 5.24 Procedure for assignment to duty. | USCG | Members and facilities may be assigned to duty by any of the following procedures: (a) Verbal or written orders issued by competent Coast Guard authority; (b) The actual performance of an authorized activity or mission by a qualified member of the Auxiliary; or (c) Other procedures as designated by the Commandant. | ||||
| 33:33:1.0.1.1.5.3.1.4 | 33 | Navigation and Navigable Waters | I | A | 5 | PART 5—COAST GUARD AUXILIARY | C | Subpart C—Activities, Operations, and Training | § 5.26 Training, examination, and assignment. | USCG | [USCG-1999-6712, 80 FR 3476, Jan. 23, 2015, as amended at USCG-2023-0759, 89 FR 22947, Apr. 3, 2024] | (a) The Commandant will prescribe, through the Coast Guard Auxiliary directives referenced in § 5.9, the type of training, qualifications, and examinations required before a member of the Auxiliary will be deemed qualified to perform certain duties, and will prescribe the circumstances and manner in which members of the Auxiliary will be authorized to perform regular and emergency duties. (b) The Commandant may authorize members of the Auxiliary to pursue correspondence courses and distance-learning courses conducted by the Coast Guard Education and Training Quota Management Command or other authorized Coast Guard providers and to attend other courses and training available to members of the Coast Guard or Coast Guard Reserve. | |||
| 33:33:1.0.1.1.5.4.1.1 | 33 | Navigation and Navigable Waters | I | A | 5 | PART 5—COAST GUARD AUXILIARY | D | Subpart D—Facilities and Other Equipment | § 5.30 Facilities and other equipment. | USCG | [USCG-1999-6712, 80 FR 3476, Jan. 23, 2015, as amended by USCG-2020-0304, 85 FR 58276, Sept. 18, 2020] | (a) This subpart contains regulations related to the facilities and other equipment used by the Auxiliary or loaned by the Auxiliary to the Coast Guard. (b) Status —(1) Duty. Personal property of the Auxiliary, except when used for other than Auxiliary purposes in accordance with 14 U.S.C. 3902, will be considered assigned to authorized Coast Guard duty at all times. (2) Liability. Personal property of the Auxiliary, except when used for other than Auxiliary purposes in accordance with 14 U.S.C. 3902, will be treated as property of the United States for the purposes of the Federal Tort Claims Act, the Military Claims Act, the Public Vessels Act, the Suits in Admiralty Act, the Admiralty Extension Act, and other matters related to non-contractual civil liability. Personal property of the Auxiliary is not normally covered for damage to the property itself. (3) Federal status of facilities and other equipment. A vessel, aircraft, or radio station owned by, in the custody of, or under the administrative jurisdiction of the Auxiliary will be considered a public vessel of the United States, public vessel of the Coast Guard, public aircraft, Coast Guard Aircraft, and/or government station, in accordance with federal law. (c) Expenses. (1) The Coast Guard may reimburse expenses related to the use, operation, or maintenance of a facility. (2) The Coast Guard may reimburse expenses for damage or loss to or by a facility, including remediation, restoration, repair, replacement, or salvage costs. (3) The Coast Guard may provide an allowance for the maintenance of a facility. | |||
| 33:33:1.0.1.1.5.4.1.2 | 33 | Navigation and Navigable Waters | I | A | 5 | PART 5—COAST GUARD AUXILIARY | D | Subpart D—Facilities and Other Equipment | § 5.32 Offers of member-owned vessels, aircraft, radio stations, motorized vehicles, trailers, and other equipment for use as a facility. | USCG | (a) Members of the Auxiliary wishing to offer vessels, aircraft, radio stations, motorized vehicles, trailers, or other equipment for use as a facility must follow the procedures set forth in the Auxiliary Operations Policy Manual referenced in § 5.9. (b) Upon acceptance of the vessels, aircraft, radio stations, motorized vehicles, trailers, or other equipment as a facility, the Coast Guard will issue to the member the appropriate numbers and decals identifying the facility as a Coast Guard Auxiliary facility. (c) In an emergency, vessels, aircraft, radio stations, motorized vehicles, trailers, or other equipment may be accepted by the Coast Guard without an inventory or the use of the prescribed forms. | ||||
| 33:33:1.0.1.1.5.4.1.3 | 33 | Navigation and Navigable Waters | I | A | 5 | PART 5—COAST GUARD AUXILIARY | D | Subpart D—Facilities and Other Equipment | § 5.34 Offers of personal property of the Auxiliary for use as a facility. | USCG | (a) Auxiliary units wishing to offer personal property of the Auxiliary (usually unit-owned property) for use as a facility must follow the procedures set forth in the Auxiliary Operations Policy Manual referenced in § 5.9. (b) Upon acceptance of the personal property of the Auxiliary as a facility, the Coast Guard will issue to the Auxiliary unit the appropriate numbers and decals identifying the facility as a Coast Guard Auxiliary facility. (c) In an emergency, personal property of the Auxiliary may be accepted by the Coast Guard without an inventory or the use of prescribed forms. | ||||
| 33:33:1.0.1.1.5.4.1.4 | 33 | Navigation and Navigable Waters | I | A | 5 | PART 5—COAST GUARD AUXILIARY | D | Subpart D—Facilities and Other Equipment | § 5.36 Loan of vessels, aircraft, radio stations, motorized vehicles, trailers, or other equipment to the Coast Guard. | USCG | (a) A vessel, aircraft, radio station, motorized vehicle, trailer, or other equipment may be loaned to the Coast Guard for a specific period, and must be returned at the expiration of that period, unless circumstances or an emergency make the return impracticable at that time. The Commandant will determine the method, time, and documents to be exchanged upon the return to the owner of any facility. The property will be re-inventoried as of the time, date, and place of re-delivery, and mutually settled by the owner and the Coast Guard representative. If the vessel, aircraft, radio station, motorized vehicle, trailer, or other equipment was accepted during an emergency, any claim for lost equipment or stores must be supported by invoices showing the date of purchase and the cost thereof by the person submitting the claim. The Coast Guard representative will take all proper precautions to protect the owner's interest, as well as that of the United States. (b) Except as permitted in paragraph (c) of this section, no vessel, aircraft, radio station, motorized vehicle, trailer, or other equipment will be deemed loaned to the Coast Guard until an acceptance, on the prescribed form, has been signed on behalf of the Coast Guard by a person authorized by the Commandant to sign such an acceptance and a complete inventory of consumable and expendable stores and equipment has been made and mutually settled by the owner and the Coast Guard representative. (c) In an emergency, a vessel, aircraft, radio station, motorized vehicle, trailer, or other equipment may be loaned to Coast Guard without an inventory or the use of the prescribed form. | ||||
| 33:33:1.0.1.1.5.5.1.1 | 33 | Navigation and Navigable Waters | I | A | 5 | PART 5—COAST GUARD AUXILIARY | E | Subpart E—Auxiliary Markings | § 5.40 Distinctive markings for vessels, aircraft, motorized vehicles, trailers, radio stations, and other equipment. | USCG | [USCG-1999-6712, 80 FR 3476, Jan. 23, 2015, as amended by USCG-2020-0304, 85 FR 58276, Sept. 18, 2020] | (a) This subpart describes the design and display of distinctive markings used by Auxiliary vessels, aircraft, motorized vehicles, trailers, radio stations, and other equipment. These markings are established in the directives referenced in § 5.9 and the U.S. Coast Guard Heraldry Manual (COMDTINST M5200.14(series)). (b) Auxiliary markings on vessels, aircraft, motorized vehicles, trailers, radio stations and other equipment. (1) Vessels, aircraft, motorized vehicles, trailers, radio stations, and other equipment which are owned by Auxiliary members, or are personal property of the Auxiliary, or are otherwise affiliated with the Auxiliary may display the Auxiliary emblem (§ 5.41), the Auxiliary ensign (§ 5.42), and/or the Auxiliary mark (§ 5.43). (2) Vessels, aircraft, motorized vehicles, trailers, radio stations, and other equipment which are personal property of the Auxiliary may be marked “U.S. COAST GUARD AUXILIARY”, “U.S. COAST GUARD AUX”, or “USCGAUX” in accordance with Coast Guard policy. (3) Vessels, aircraft, motorized vehicles, trailers, radio stations, and other equipment which have been accepted as facilities shall display the Auxiliary facility decal (§ 5.44). (4) Vessels that have been accepted as facilities and are on patrol, whether or not they are underway, shall display the National Ensign, the patrol sign (§ 5.45) and either the patrol ensign (§ 5.46) or the Coast Guard ensign (§ 5.47) as appropriate and able. (5) Vessels that have been accepted as facilities and are on patrol, whether or not they are underway, and have a Coast Guard commissioned, warrant, or non-commissioned officer onboard shall display the Coast Guard ensign in place of the patrol ensign. (c)(1) Any person who desires to reproduce Coast Guard Auxiliary markings for non-Coast Guard Auxiliary use must obtain approval from Commandant (CG-BSX-11), Attn: Auxiliary Division, U.S. Coast Guard Stop 7501, 2703 Martin Luther King Jr. Ave. SE., Washington, DC 20593-7501. (2) Unauthorized use of Auxiliary markings is subject to … | |||
| 33:33:1.0.1.1.5.5.1.2 | 33 | Navigation and Navigable Waters | I | A | 5 | PART 5—COAST GUARD AUXILIARY | E | Subpart E—Auxiliary Markings | § 5.41 Auxiliary emblem. | USCG | (a) Description. The Auxiliary emblem consists of a disk with the shield of the Coat of Arms of the United States circumscribed by an annulet edged and inscribed “U.S. COAST GUARD AUXILIARY”, all in front of two crossed anchors. (b) Display. The Auxiliary emblem is used as identification on Auxiliary ensigns, flags, pennants, decals, and patrol signs. The emblem is used on Auxiliary insignia, such as the member collar device, cap device, and Auxiliary aviator, coxswain, and Auxiliary Operator (AUXOP) devices, and on publications, stationery, clothing, and jewelry. | ||||
| 33:33:1.0.1.1.5.5.1.3 | 33 | Navigation and Navigable Waters | I | A | 5 | PART 5—COAST GUARD AUXILIARY | E | Subpart E—Auxiliary Markings | § 5.42 Auxiliary ensign. | USCG | (a) Description. The field of the Auxiliary ensign is medium blue (Coast Guard blue) with a broad diagonal white slash upon which a matching blue Coast Guard Auxiliary emblem is centered. The white slash must be at a 70 degree angle, rising away from the hoist. (b) Display. The Auxiliary ensign may be displayed by any member of the Auxiliary on a vessel, aircraft, radio station, building, or other location at any time, under such conditions as the Commandant may direct. | ||||
| 33:33:1.0.1.1.5.5.1.4 | 33 | Navigation and Navigable Waters | I | A | 5 | PART 5—COAST GUARD AUXILIARY | E | Subpart E—Auxiliary Markings | § 5.43 Auxiliary mark. | USCG | (a) Description. The Auxiliary mark consists of a broad diagonal blue stripe followed (to the left or aft) by two narrow stripes—first a white stripe, and then a red stripe. The Auxiliary emblem, as described in § 5.41, is centered in the diagonal blue stripe. (b) Display. The Auxiliary mark is used to identify personal property of the Auxiliary and on Coast Guard Auxiliary authorized publications, stationery, jewelry, and similar items. | ||||
| 33:33:1.0.1.1.5.5.1.5 | 33 | Navigation and Navigable Waters | I | A | 5 | PART 5—COAST GUARD AUXILIARY | E | Subpart E—Auxiliary Markings | § 5.44 Auxiliary facility decal. | USCG | (a) Description. The Auxiliary facility decal is composed of two parts. The upper part is a conventional white shield with a medium blue (Coast Guard blue) Coast Guard Auxiliary emblem centered on a broad diagonal red (Coast Guard red) slash which is at a 70 degree angle, rising toward the viewer's right. The red (Coast Guard red) slash is followed, on the viewer's left, by two narrow, parallel stripes—first a white stripe, and then a medium blue (Coast Guard blue) stripe. The entire design is centered on the shield. The lower part displays two laterally radiating wreath branches centered immediately beneath the shield. A broad diagonal red (Coast Guard red) slash, which is at a 70 degree angle, rising toward the viewer's right and followed, on the viewer's left, by two narrow, parallel stripes, first a white stripe and then a medium blue (Coast Guard blue) stripe, is displayed on the wreath's right-hand branch. (b) Display. Vessels, aircraft, motorized vehicles, trailers, radio stations and other equipment accepted for use by the Coast Guard must display the Auxiliary facility decal as authorized in the Auxiliary Operations Policy Manual referenced in § 5.9. (1) On vessels, the decal must be displayed on the port side of the vessel so as to be visible by another vessel when meeting such vessel in a port-to-port situation. (2) On aircraft, the decal must be displayed on the pilot's side of the forward half of the aircraft. (3) On radio facilities, the miniature decal must be displayed on the radio, and the full-size decal must be displayed on the exterior or interior of the building or trailer in which the radio is housed, or, in the case of mobile radios, on any legal place on the motor vehicle in which the radio is contained. (4) On motorized vehicles, trailers and other equipment, the decal must be displayed on a clearly visible exterior location. | ||||
| 33:33:1.0.1.1.5.5.1.6 | 33 | Navigation and Navigable Waters | I | A | 5 | PART 5—COAST GUARD AUXILIARY | E | Subpart E—Auxiliary Markings | § 5.45 Patrol sign. | USCG | (a) Description. The Auxiliary facility patrol sign has the words “Coast Guard Auxiliary Patrol” in black or dark blue lettering and must contain the Auxiliary emblem, as described in this subpart, centered within the confines of a broad diagonal red (Coast Guard red) stripe which is at a 70 degree angle rising toward the bow of the vessel. The red (Coast Guard red) stripe is followed, away from the bow, by two narrow, parallel stripes—first a white stripe, and then a medium blue (Coast Guard blue) stripe. The background of the sign must be white. (b) Display. (1) The patrol sign must be displayed by vessels while on patrol, whether or not the vessel is underway. (2) The patrol sign must be displayed on the forward half of each side and may be displayed on the stern of the vessel. (3) The patrol sign may be displayed on each side of a motorized vehicle or trailer containing a mobile radio or radio direction finding unit while assigned to Coast Guard duty. Normally, they will be placed in any legal position on the upper half of both sides of the vehicle. | ||||
| 33:33:1.0.1.1.5.5.1.7 | 33 | Navigation and Navigable Waters | I | A | 5 | PART 5—COAST GUARD AUXILIARY | E | Subpart E—Auxiliary Markings | § 5.46 Auxiliary patrol ensign. | USCG | (a) Description. The field of the Auxiliary patrol ensign is white. A medium blue (Coast Guard blue) Coast Guard Auxiliary emblem is centered on a broad diagonal red (Coast Guard red) slash which is at a 70 degree angle, rising toward the hoist. The red (Coast Guard red) slash is followed, away from the hoist, by two narrow, parallel stripes—first a white stripe, and then a medium blue (Coast Guard blue) stripe. The entire design is centered on the ensign. (b) Display. Vessels that have been accepted as facilities shall display the Auxiliary patrol ensign when on patrol, whether or not the vessel is underway. The Auxiliary patrol ensign must be displayed at the mast head or from the most conspicuous hoist. | ||||
| 33:33:1.0.1.1.5.5.1.8 | 33 | Navigation and Navigable Waters | I | A | 5 | PART 5—COAST GUARD AUXILIARY | E | Subpart E—Auxiliary Markings | § 5.47 Coast Guard ensign. | USCG | (a) Description. The Coast Guard ensign is described in 33 CFR 23.15. (b) Display. Vessels that have been accepted as facilities and that have a Coast Guard commissioned, warrant or non-commissioned officer onboard shall display the Coast Guard ensign in place of the Auxiliary patrol ensign while on patrol, whether or not the vessel is underway. The Coast Guard ensign must be displayed at the mast head or from the most conspicuous hoist. | ||||
| 33:33:1.0.1.1.5.5.1.9 | 33 | Navigation and Navigable Waters | I | A | 5 | PART 5—COAST GUARD AUXILIARY | E | Subpart E—Auxiliary Markings | § 5.48 Marking of aircraft. | USCG | (a) Aircraft owned by members of the Auxiliary or that are personal property of the Auxiliary may also display the Auxiliary emblem on both sides of the vertical stabilizer (outside of the stabilizer for twin tail aircraft) or on both sides of the fuselage aft of the wing. (b) Aircraft which are accepted as facilities may be marked with the Auxiliary mark (§ 5.43) and/or the word “RESCUE” on the underside of the wing or fuselage for easier identification from the ground. | ||||
| 46:46:1.0.1.1.5.1.1.1 | 46 | Shipping | I | A | 5 | PART 5—MARINE INVESTIGATION REGULATIONS—PERSONNEL ACTION | A | Subpart A—Purpose | § 5.3 Purpose of regulations. | USCG | [CGD 82-002, 50 FR 32184, Aug. 9, 1985, as amended by USCG-1998-3472, 64 FR 28075, May 24, 1999; USCG-2006-24371, 74 FR 11214, Mar. 16, 2009] | The regulations in this part establish policies for administrative actions against mariners' credentials or endorsements issued by the Coast Guard. | |||
| 46:46:1.0.1.1.5.1.1.2 | 46 | Shipping | I | A | 5 | PART 5—MARINE INVESTIGATION REGULATIONS—PERSONNEL ACTION | A | Subpart A—Purpose | § 5.5 Purpose of administrative actions. | USCG | [CGD 82-002, 50 FR 32184, Aug. 9, 1985, as amended by USCG-2006-24371, 74 FR 11214, Mar. 16, 2009] | The administrative actions against a license, certificate, merchant mariner credential, endorsement, or document are remedial and not penal in nature. These actions are intended to help maintain standards for competence and conduct essential to the promotion of safety at sea. | |||
| 46:46:1.0.1.1.5.10.1.1 | 46 | Shipping | I | A | 5 | PART 5—MARINE INVESTIGATION REGULATIONS—PERSONNEL ACTION | J | Subpart J—Appeals | § 5.701 Appeals in general. | USCG | [USCG-1998-3472, 64 FR 28075, May 24, 1999] | A party may appeal the decision of an ALJ under the procedures in subpart J of 33 CFR part 20. A party may appeal only the following issues: (a) Whether each finding of fact rests on substantial evidence. (b) Whether each conclusion of law accords with applicable law, precedent, and public policy. (c) Whether the ALJ committed any abuses of discretion. (d) The ALJ's denial of a motion for his or her disqualification. | |||
| 46:46:1.0.1.1.5.10.1.2 | 46 | Shipping | I | A | 5 | PART 5—MARINE INVESTIGATION REGULATIONS—PERSONNEL ACTION | J | Subpart J—Appeals | § 5.707 Stay of effect of decision and order of Administrative Law Judge on appeal to the Commandant; temporary credential or endorsement. | USCG | [CGD 82-002, 50 FR 32184, Aug. 9, 1985, as amended by USCG-2004-18884, 69 FR 58342, Sept. 30, 2004; USCG-2006-24371, 74 FR 11215, Mar. 16, 2009] | (a) A person who has appealed from a decision suspending outright or revoking a credential or endorsement, except for revocation resulting from an offense enumerated in § 5.59, may file a written request for a temporary credential or endorsement. This request must be submitted to the Administrative Law Judge who presided over the case, or to any Officer in Charge, Marine Inspection for forwarding to the Administrative Law Judge. (b) Action on the request is taken by the ALJ unless the hearing transcript has been forwarded to the Commandant, in which case, the Commandant will make the final action. (c) A determination as to the request will take into consideration whether the service of the individual is compatible with the requirements for safety at sea and consistent with applicable laws. If one of the offenses enumerated in § 5.61(a) has been found proved, the continued service of the appellant will be presumed not compatible with safety at sea, subject to rebuttal by the appellant. A temporary credential or endorsement may be denied for that reason alone. (d) All temporary credentials or endorsements will provide that they expire not more than six months after issuance or upon service of the Commandant's decision on appeal, whichever occurs first. If a temporary credential or endorsement expires before the Commandant's decision is rendered, it may be renewed, if authorized by the Commandant. (e) If the request for a temporary credential or endorsement is denied by the Administrative Law Judge, the individual may appeal the denial, in writing, to the Commandant within 30 days after notification of such denial. Any decision by the Commandant to deny is the final agency action. (f) Copies of the temporary credential issued become a part of the record on appeal. | |||
| 46:46:1.0.1.1.5.10.1.3 | 46 | Shipping | I | A | 5 | PART 5—MARINE INVESTIGATION REGULATIONS—PERSONNEL ACTION | J | Subpart J—Appeals | § 5.713 Appeals to the National Transportation Safety Board. | USCG | [CGD 82-002, 50 FR 32184, Aug. 9, 1985, as amended by USCG-2006-24371, 74 FR 11215, Mar. 16, 2009; USCG-2009-0702, 74 FR 49224, Sept. 25, 2009; USCG-2013-0671, 78 FR 60144, Sept. 30, 2013; USCG-2021-0348, 87 FR 3223, Jan. 21, 2022] | (a) The rules of procedure for appeals to the National Transportation Safety Board from decisions of the Commandant, U.S. Coast Guard, affirming orders of suspension or revocation of credentials or endorsements are in 49 CFR part 825. These rules give the party adversely affected by the Commandant's decision 10 days after service upon him or his attorney of the Commandant's decision to file a notice of appeal with the Board. (b) In all cases under this part which are appealed to the National Transportation Safety Board under 49 CFR part 825, the Chief Counsel of the Coast Guard is designated as the representative of the Commandant for service of notices and appearances. Communications should be addressed to Suspension and Revocation National Center of Expertise (S&R NCOE): by mail to U.S. Coast Guard National Maritime Center, S&R National Center of Expertise, 100 Forbes Drive, Martinsburg, WV 25404-7213 or electronically to SR-NCOE@uscg.mil . (c) In cases before the National Transportation Safety Board the Chief Counsel of the Coast Guard may be represented by others designated of counsel. | |||
| 46:46:1.0.1.1.5.10.1.4 | 46 | Shipping | I | A | 5 | PART 5—MARINE INVESTIGATION REGULATIONS—PERSONNEL ACTION | J | Subpart J—Appeals | § 5.715 Stay of effect of Decision of the Commandant on Appeal: Temporary credential and/or endorsement pending appeal to National Transportation Safety Board. | USCG | [CGD 82-002, 50 FR 32184, Aug. 9, 1985, as amended by USCG-2006-24371, 74 FR 11215, Mar. 16, 2009] | (a) A Decision of the Commandant on Appeal affirming an order of revocation, except a revocation resulting from an offense enumerated under § 5.59 or suspension that is not placed entirely on probation, which is appealed to the National Transportation Safety Board, may be stayed if, in the Commandant's opinion, the service of the appellant on board a vessel at that time or for the indefinite future would be compatible with the requirements of safety at sea and consistent with applicable laws. If one of the offenses enumerated in § 5.61(a) has been found proved, the continued service of the appellant will be presumed not compatible with safety at sea, subject to rebuttal by the appellant; in cases of offenses under § 5.61(a), a temporary credential and/or endorsement may be denied for that reason alone. (b) A stay of the effect of the Decision of the Commandant on Appeal may be granted by the Commandant upon application by the respondent filed with the notice served on the Commandant under 49 CFR 825.5(b). (c) An Officer in Charge, Marine Inspection, on presentation of an original stay order, issues a temporary credential and/or endorsement as specified in the stay order. This credential and/or endorsement is effective for not more than six months, renewable until such time as the National Transportation Safety Board has completed its review. | |||
| 46:46:1.0.1.1.5.11.1.1 | 46 | Shipping | I | A | 5 | PART 5—MARINE INVESTIGATION REGULATIONS—PERSONNEL ACTION | K | Subpart K—Review of Administrative Law Judge's Decisions in Cases Where Charges Have Been Found Proved | § 5.801 Commandant's review. | USCG | Any decision of an Administrative Law Judge, in which there has been a finding of proved, may be called up for review by the Commandant without procedural formality. | ||||
| 46:46:1.0.1.1.5.11.1.2 | 46 | Shipping | I | A | 5 | PART 5—MARINE INVESTIGATION REGULATIONS—PERSONNEL ACTION | K | Subpart K—Review of Administrative Law Judge's Decisions in Cases Where Charges Have Been Found Proved | § 5.803 Record for decision on review. | USCG | [CGD 82-002, 50 FR 32184, Aug. 9, 1985, as amended by USCG-2004-18884, 69 FR 58342, Sept. 30, 2004] | The transcript of the hearing, together with all papers and exhibits filed, shall constitute the record for consideration and review. | |||
| 46:46:1.0.1.1.5.11.1.3 | 46 | Shipping | I | A | 5 | PART 5—MARINE INVESTIGATION REGULATIONS—PERSONNEL ACTION | K | Subpart K—Review of Administrative Law Judge's Decisions in Cases Where Charges Have Been Found Proved | § 5.805 Action on review. | USCG | [CGD 82-002, 50 FR 32184, Aug. 9, 1985, as amended by USCG-2004-18884, 69 FR 58342, Sept. 30, 2004] | (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. | |||
| 46:46:1.0.1.1.5.11.1.4 | 46 | Shipping | I | A | 5 | PART 5—MARINE INVESTIGATION REGULATIONS—PERSONNEL ACTION | K | Subpart K—Review of Administrative Law Judge's Decisions in Cases Where Charges Have Been Found Proved | § 5.807 Commandant's Decision on Review. | USCG | [CGD 82-002, 50 FR 32184, Aug. 9, 1985, as amended by USCG-2006-25556, 72 FR 36330, July 2, 2007] | The Commandant's Decisions on Review are available for reading purposes at Coast Guard Headquarters, at Offices of District Commanders, Sector Offices and Marine Inspection Offices. (See 33 CFR subpart 1.10.) | |||
| 46:46:1.0.1.1.5.12.1.1 | 46 | Shipping | I | A | 5 | PART 5—MARINE INVESTIGATION REGULATIONS—PERSONNEL ACTION | L | Subpart L—Issuance of New Credential or Endorsement After Revocation or Surrender | § 5.901 Time limitations. | USCG | [CGD 82-002, 50 FR 32184, Aug. 9, 1985, as amended by CGD 84-099, 52 FR 47535, Dec. 14, 1987; USCG-2006-24371, 74 FR 11215, Mar. 16, 2009] | (a) Any person whose credential or endorsement has been revoked or surrendered for one or more of the offenses described in § 5.59 and § 5.61(a) may, three years after compliance with the Administrative Law Judge's decision and order or the date of voluntary surrender, apply for the issuance of a new credential or endorsement. (b) The three year time period may be waived by the Commandant upon a showing by the individual that, since the occurrence upon which the revocation or surrender was based, the individual has demonstrated his good character in the community for a period exceeding three years. (c) Any person whose credential or endorsement has been revoked or surrendered for one or more offenses which are not specifically described in §§ 5.59 or 5.61(a) may, after one year, apply for the issuance of a new credential or endorsement. (d) For a person whose credential or endorsement has been revoked or surrendered for the wrongful simple possession or use of dangerous drugs, the three year time period may be waived by the Commandant upon a showing that the individual: (1) Has successfully completed a bona fide drug abuse rehabilitation program; (2) Has demonstrated complete non-association with dangerous drugs for a minimum of one year following completion of the rehabilitation program and; (3) Is actively participating in a bona fide drug abuse monitoring program. (e) For a person whose credential or endorsement has been revoked or surrendered for offenses related to alcohol abuse, the waiting period may be waived by the Commandant upon a showing that the individual has successfully completed a bona fide alcohol abuse rehabilitation program and is actively participating in a bona fide alcohol abuse monitoring program. (f) The waivers specified under subparagraphs (d) or (e) of this section may only be granted once to each person. | |||
| 46:46:1.0.1.1.5.12.1.2 | 46 | Shipping | I | A | 5 | PART 5—MARINE INVESTIGATION REGULATIONS—PERSONNEL ACTION | L | Subpart L—Issuance of New Credential or Endorsement After Revocation or Surrender | § 5.903 Application procedures. | USCG | [CGD 82-002, 50 FR 32184, Aug. 9, 1985, as amended by USCG-2006-24371, 74 FR 11215, Mar. 16, 2009; USCG-2009-0702, 74 FR 49224, Sept. 25, 2009; USCG-2013-0671, 78 FR 60144, Sept. 30, 2013; USCG-2015-0867, 80 FR 62469, Oct. 16, 2015] | (a) An application form for a new credential or endorsement may be obtained from any Officer in Charge, Marine Inspection. (b) The completed application and letter must be addressed to the U.S. Coast Guard Office of Investigations and Analysis, Commandant (CG-INV-1), U.S. Coast Guard Stop 7501, 2703 Martin Luther King Jr. Avenue SE., Washington, DC 20593-7501, and must be delivered in person to the nearest Officer in Charge, Marine Inspection. (c) The letter is an informal request for the issuance of a new credential or endorsement and should include the following: (1) A letter from each employer during the last three years attesting to the individual's work record; (2) Information supportive of rehabilitation or cure when the credential or endorsement was revoked because of incompetency or association with dangerous drugs; and (3) Any other information which may be helpful in arriving at a determination in the matter. (d) The Officer in Charge, Marine Inspection, forwards the letter and application, together with an evaluation and recommendation, to the Commandant. | |||
| 46:46:1.0.1.1.5.12.1.3 | 46 | Shipping | I | A | 5 | PART 5—MARINE INVESTIGATION REGULATIONS—PERSONNEL ACTION | L | Subpart L—Issuance of New Credential or Endorsement After Revocation or Surrender | § 5.905 Commandant's decision on application. | USCG | [CGD 82-002, 50 FR 32184, Aug. 9, 1985, as amended by USCG-2006-24371, 74 FR 11215, Mar. 16, 2009] | (a) The applicant's letter and application form, as well as the evaluation and recommendation, are referred to a special board appointed by the Commandant. The board examines all the material submitted with the application and such other information as may, in the judgment of the board, be considered appropriate. The board shall submit its findings and recommendation to the Commandant. (b) The Commandant shall determine whether or not a new credential or endorsement will be issued. The applicant will be notified by letter of such determination. | |||
| 46:46:1.0.1.1.5.2.1.1 | 46 | Shipping | I | A | 5 | PART 5—MARINE INVESTIGATION REGULATIONS—PERSONNEL ACTION | B | Subpart B—Definitions | § 5.11 Officer in Charge, Marine Inspection. | USCG | [USCG-2006-25535, 71 FR 48482, Aug. 21, 2006] | Officer in Charge, Marine Inspection (OCMI) for the purposes of part 5 means the officer or individual so designated at one of the Regional Examination Centers, or any person so designated by the Commandant. | |||
| 46:46:1.0.1.1.5.2.1.2 | 46 | Shipping | I | A | 5 | PART 5—MARINE INVESTIGATION REGULATIONS—PERSONNEL ACTION | B | Subpart B—Definitions | § 5.15 Investigating Officer. | USCG | [USCG-2006-25535, 71 FR 48482, Aug. 21, 2006] | An investigating officer is a Coast Guard official designated by the Commandant, a District Commander, or the Officer in Charge, Marine Inspection, for the purpose of conducting investigations of marine casualties or matters pertaining to the conduct of persons applying for or holding merchant mariner's documents, licenses, certificates or credentials issued by the Coast Guard. An Officer in Charge, Marine Inspection is an investigating officer without further designation. | |||
| 46:46:1.0.1.1.5.2.1.3 | 46 | Shipping | I | A | 5 | PART 5—MARINE INVESTIGATION REGULATIONS—PERSONNEL ACTION | B | Subpart B—Definitions | § 5.19 Administrative Law Judge. | USCG | [CGD 82-002, 50 FR 32184, Aug. 9, 1985, as amended by USCG-2004-18884, 69 FR 58341, Sept. 30, 2004; USCG-2006-24371, 74 FR 11214, Mar. 16, 2009] | (a) An Administrative Law Judge shall mean any person designated by the Commandant pursuant to the Administrative Procedure Act (5 U.S.C. 556(b) for the purpose of conducting hearings arising under 46 U.S.C. 7703 or 7704. (b) The Commandant has delegated to Administrative Law Judges the authority to admonish, suspend, with or without probation, or revoke a credential or endorsement issued to a person by the Coast Guard under any navigation or shipping law. | |||
| 46:46:1.0.1.1.5.2.1.4 | 46 | Shipping | I | A | 5 | PART 5—MARINE INVESTIGATION REGULATIONS—PERSONNEL ACTION | B | Subpart B—Definitions | § 5.27 Misconduct. | USCG | Misconduct is human behavior which violates some formal, duly established rule. Such rules are found in, among other places, statutes, regulations, the common law, the general maritime law, a ship's regulation or order, or shipping articles and similar sources. It is an act which is forbidden or a failure to do that which is required. | ||||
| 46:46:1.0.1.1.5.2.1.5 | 46 | Shipping | I | A | 5 | PART 5—MARINE INVESTIGATION REGULATIONS—PERSONNEL ACTION | B | Subpart B—Definitions | § 5.29 Negligence. | USCG | Negligence is the commission of an act which a reasonable and prudent person of the same station, under the same circumstances, would not commit, or the failure to perform an act which a reasonable and prudent person of the same station, under the same circumstances, would not fail to perform. | ||||
| 46:46:1.0.1.1.5.2.1.6 | 46 | Shipping | I | A | 5 | PART 5—MARINE INVESTIGATION REGULATIONS—PERSONNEL ACTION | B | Subpart B—Definitions | § 5.31 Incompetence. | USCG | Incompetence is the inability on the part of a person to perform required duties, whether due to professional deficiencies, physical disability, mental incapacity, or any combination thereof. | ||||
| 46:46:1.0.1.1.5.2.1.7 | 46 | Shipping | I | A | 5 | PART 5—MARINE INVESTIGATION REGULATIONS—PERSONNEL ACTION | B | Subpart B—Definitions | § 5.33 Violation of law or regulation. | USCG | [CGD 82-002, 50 FR 32184, Aug. 9, 1985, as amended by USCG-1998-3472, 64 FR 28075, May 24, 1999; USCG-2004-18884, 69 FR 58342, Sept. 30, 2004] | Where the proceeding is based exclusively on that part of title 46 U.S.C. section 7703, which provides as a basis for suspension or revocation, a violation or failure to comply with 46 U.S.C. subtitle II, a regulation prescribed under that subtitle, or any other law or regulation intended to promote marine safety or protect navigable waters, the complaint must state the specific statute or regulation by title and section number, and the particular manner in which it was allegedly violated. | |||
| 46:46:1.0.1.1.5.2.1.8 | 46 | Shipping | I | A | 5 | PART 5—MARINE INVESTIGATION REGULATIONS—PERSONNEL ACTION | B | Subpart B—Definitions | § 5.35 Conviction for a dangerous drug law violation, use of, or addiction to the use of dangerous drugs. | USCG | [CGD 82-002, 50 FR 32184, Aug. 9, 1985, as amended by USCG-1998-3472, 64 FR 28075, May 24, 1999] | Where the proceeding is based exclusively on the provisions of title 46, U.S.C. 7704, the complaint will allege conviction for a dangerous drug law violation or use of dangerous drugs or addiction to the use of dangerous drugs, depending upon the circumstances and will allege jurisdiction by stating the elements as required by title 46, U.S.C. 7704, and the approximate time and place of the offense. | |||
| 46:46:1.0.1.1.5.2.1.9 | 46 | Shipping | I | A | 5 | PART 5—MARINE INVESTIGATION REGULATIONS—PERSONNEL ACTION | B | Subpart B—Definitions | § 5.40 Credential and merchant mariner credential. | USCG | [USCG-2006-24371, 74 FR 11214, Mar. 16, 2009] | Credential means any or all of the following: (1) Merchant mariner's document. (2) Merchant mariner's license. (3) STCW endorsement. (4) Certificate of registry. (5) Merchant mariner credential. Merchant mariner credential or MMC means the credential issued by the Coast Guard under 46 CFR part 10. It combines the individual merchant mariner's document, license, and certificate of registry enumerated in 46 U.S.C. subtitle II part E as well as the STCW endorsement into a single credential that serves as the mariner's qualification document, certificate of identification, and certificate of service. | |||
| 46:46:1.0.1.1.5.3.1.1 | 46 | Shipping | I | A | 5 | PART 5—MARINE INVESTIGATION REGULATIONS—PERSONNEL ACTION | C | Subpart C—Statement of Policy and Interpretation | § 5.51 Construction of regulations. | USCG | The regulations in this part shall be construed so as to obtain a just, speedy, and economical determination of the issues presented. | ||||
| 46:46:1.0.1.1.5.3.1.2 | 46 | Shipping | I | A | 5 | PART 5—MARINE INVESTIGATION REGULATIONS—PERSONNEL ACTION | C | Subpart C—Statement of Policy and Interpretation | § 5.55 Time limitations for service of a complaint. | USCG | [CGD 82-002, 50 FR 32184, Aug. 9, 1985, as amended by USCG-1998-3472, 64 FR 28075, May 24, 1999; USCG-2006-24371, 74 FR 11214, Mar. 16, 2009] | (a) The time limitations for service of a complaint upon the holder of a credential are as follows: (1) When based exclusively on 46 U.S.C. 7704, service shall be within 10 years after the date of conviction, or at anytime if the person charged is a user of or addicted to the use of a dangerous drug. (2) For one of the misconduct offenses specified in § 5.59(a) or § 5.61(a), service shall be within five years after commission of the offense alleged therein. (3) For an act or offense not otherwise provided for, the service shall be within three years after the commission of the act or offense alleged therein. (b) When computing the period of time specified in paragraphs (a) (2) and (3) of this section there shall be excluded any period or periods of time when the respondent could not attend a hearing or be served charges by reason of being outside of the United States or by reason of being in prison or hospitalized. | |||
| 46:46:1.0.1.1.5.3.1.3 | 46 | Shipping | I | A | 5 | PART 5—MARINE INVESTIGATION REGULATIONS—PERSONNEL ACTION | C | Subpart C—Statement of Policy and Interpretation | § 5.57 Acting under authority of Coast Guard credential or endorsement. | USCG | [CGD 82-002, 50 FR 32184, Aug. 9, 1985, as amended by USCG-2006-24371, 74 FR 11214, Mar. 16, 2009] | (a) A person employed in the service of a vessel is considered to be acting under the authority of a credential or endorsement when the holding of such credential or endorsement is: (1) Required by law or regulation; or (2) Required by an employer as a condition for employment. (b) A person is considered to be acting under the authority of the credential or endorsement while engaged in official matters regarding the credential or endorsement. This includes, but is not limited to, such acts as applying for renewal, taking examinations for raises of grade, requesting duplicate or replacement credentials, or when appearing at a hearing under this part. (c) A person does not cease to act under the authority of a credential or endorsement while on authorized or unauthorized shore leave from the vessel. | |||
| 46:46:1.0.1.1.5.3.1.4 | 46 | Shipping | I | A | 5 | PART 5—MARINE INVESTIGATION REGULATIONS—PERSONNEL ACTION | C | Subpart C—Statement of Policy and Interpretation | § 5.59 Offenses for which revocation of credentials or endorsements is mandatory. | USCG | [CGD 82-002, 50 FR 32184, Aug. 9, 1985, as amended by USCG-2006-24371, 74 FR 11215, Mar. 16, 2009] | An Administrative Law Judge enters an order revoking a respondent's credential or endorsement when— (a) A charge of misconduct for wrongful possession, use, sale, or association with dangerous drugs is found proved. In those cases involving marijuana, the Administrative Law Judge may enter an order less than revocation when satisfied that the use, possession or association, was the result of experimentation by the respondent and that the respondent has submitted satisfactory evidence that he or she is cured of such use and that the possession or association will not recur. (b) The respondent has been a user of, or addicted to the use of, a dangerous drug, or has been convicted for a violation of the dangerous drug laws, whether or not further court action is pending, and such charge is found proved. A conviction becomes final when no issue of law or fact determinative of the respondent's guilt remains to be decided. | |||
| 46:46:1.0.1.1.5.3.1.5 | 46 | Shipping | I | A | 5 | PART 5—MARINE INVESTIGATION REGULATIONS—PERSONNEL ACTION | C | Subpart C—Statement of Policy and Interpretation | § 5.61 Acts or offenses for which revocation of credentials is sought. | USCG | [CGD 82-002, 50 FR 32184, Aug. 9, 1985, as amended by USCG-2006-24371, 74 FR 11215, Mar. 16, 2009] | (a) An investigating officer seeks revocation of a respondent's credential or endorsements when one of the following acts or offenses is found proved: (1) Assault with a dangerous weapon. (2) Misconduct resulting in loss of life or serious injury. (3) Rape or sexual molestation. (4) Murder or attempted murder. (5) Mutiny. (6) Perversion. (7) Sabotage. (8) Smuggling of aliens. (9) Incompetence. (10) Interference with master, ship's officers, or government officials in performance of official duties. (11) Wrongful destruction of ship's property. (b) An investigating officer may seek revocation of a respondent's credential or endorsements when the circumstances of an act or offense found proved or consideration of the respondent's prior record indicates that permitting such person to serve under the credential or endorsements would be clearly a threat to the safety of life or property, or detrimental to good discipline. | |||
| 46:46:1.0.1.1.5.3.1.6 | 46 | Shipping | I | A | 5 | PART 5—MARINE INVESTIGATION REGULATIONS—PERSONNEL ACTION | C | Subpart C—Statement of Policy and Interpretation | § 5.65 Commandant's decisions in appeal or review cases. | USCG | The decisions of the Commandant in cases of appeal or review of decisions of Administrative Law Judges are officially noticed and the principles and policies enunciated therein are binding upon all Administrative Law Judges, unless they are modified or rejected by competent authority. | ||||
| 46:46:1.0.1.1.5.3.1.7 | 46 | Shipping | I | A | 5 | PART 5—MARINE INVESTIGATION REGULATIONS—PERSONNEL ACTION | C | Subpart C—Statement of Policy and Interpretation | § 5.67 Physician-patient privilege. | USCG | For the purpose of these proceedings, the physician-patient privilege does not exist between a physician and a respondent. | ||||
| 46:46:1.0.1.1.5.3.1.8 | 46 | Shipping | I | A | 5 | PART 5—MARINE INVESTIGATION REGULATIONS—PERSONNEL ACTION | C | Subpart C—Statement of Policy and Interpretation | § 5.69 Evidence of criminal liability. | USCG | Evidence of criminal liability discovered during an investigation or hearing conducted pursuant to this part will be referred to the Attorney General's local representative or other appropriate law enforcement authority having jurisdiction over the matter. | ||||
| 46:46:1.0.1.1.5.3.1.9 | 46 | Shipping | I | A | 5 | PART 5—MARINE INVESTIGATION REGULATIONS—PERSONNEL ACTION | C | Subpart C—Statement of Policy and Interpretation | § 5.71 Maritime labor disputes. | USCG | Under no circumstances will the Coast Guard exercise its authority for the purpose of favoring any party to a maritime labor controversy. However, if the situation affecting the safety of the vessel or persons on board is presented, the matter shall be thoroughly investigated and when a violation of existing statutes or regulations is indicated, appropriate action will be taken. | ||||
| 46:46:1.0.1.1.5.4.1.1 | 46 | Shipping | I | A | 5 | PART 5—MARINE INVESTIGATION REGULATIONS—PERSONNEL ACTION | D | Subpart D—Investigations | § 5.101 Conduct of investigations. | USCG | [CGD 82-002, 50 FR 32184, Aug. 9, 1985, as amended by USCG-2006-24371, 74 FR 11215, Mar. 16, 2009] | (a) Investigations may be initiated in any case in which it appears that there are reasonable grounds to believe that the holder of a credential or endorsement issued by the Coast Guard may have: (1) Committed an act of incompetency, misconduct, or negligence while acting under the authority of a credential or endorsement; (2) Violated or failed to comply with subtitle II of title 46, U.S.C., a regulation prescribed under this subtitle, or any other law or regulations intended to promote marine safety or to protect the navigable waters, while acting under the authority of a credential or endorsement; (3) Been convicted of a dangerous drug law violation, or has been a user of, or addicted to the use of, a dangerous drug, so as to be subject to the provisions of 46 U.S.C. 7704. (b) In order to promote full disclosure and facilitate determinations as to the cause of marine casualties, no admission made by a person during an investigation under this part or part 4 of this title may be used against that person in a proceeding under this part, except for impeachment. | |||
| 46:46:1.0.1.1.5.4.1.2 | 46 | Shipping | I | A | 5 | PART 5—MARINE INVESTIGATION REGULATIONS—PERSONNEL ACTION | D | Subpart D—Investigations | § 5.103 Powers of investigating officer. | USCG | During an investigation, the investigating officer may administer oaths, issue subpoenas in accordance with subpart F of this title, and require persons having knowledge of the subject matter of the investigation to answer questions. | ||||
| 46:46:1.0.1.1.5.4.1.3 | 46 | Shipping | I | A | 5 | PART 5—MARINE INVESTIGATION REGULATIONS—PERSONNEL ACTION | D | Subpart D—Investigations | § 5.105 Course of action available. | USCG | [CGD 82-002, 50 FR 32184, Aug. 9, 1985, as amended by USCG-1998-3472, 64 FR 28075, May 24, 1999; USCG-2006-24371, 74 FR 11215, Mar. 16, 2009] | During an investigation, the investigating officer may take appropriate action as follows: (a) Issue complaint. (b) Accept voluntary surrender of a credential or endorsement. (c) Accept voluntary deposit of a credential or endorsement. (d) Refer the case to others for further action. The investigating officer may refer the case to the Commandant or to an Officer in Charge, Marine Inspection, at any port for completion of administrative action if an adequate basis for action is found and the person under investigation and/or witnesses are not locally available. (e) Give a written warning. The investigating officer may give a warning to any person holding a credential or endorsement. Refusal to accept the written warning will normally result in a withdrawal of the warning and the preferral of charges. An unrejected warning will become a part of the person's record. (f) Close the case. | |||
| 46:46:1.0.1.1.5.4.1.4 | 46 | Shipping | I | A | 5 | PART 5—MARINE INVESTIGATION REGULATIONS—PERSONNEL ACTION | D | Subpart D—Investigations | § 5.107 Service of complaints. | USCG | [USCG-1998-3472, 64 FR 28075, May 24, 1999] | (a) When the investigating officer determines that an S&R proceeding is appropriate, he or she shall prepare and serve a complaint in accordance with 33 CFR part 20. (b) When the investigating officer serves the complaint, he or she shall also advise the respondent— (1) Of the nature of S&R proceedings and their possible results; (2) Of the right to be represented at the hearing by another person, who may, but need not, be a lawyer; (3) Of the right to obtain witnesses, records, and other evidence by subpoena; and (4) That failure or refusal to answer the complaint or to appear at the time, date, and place specified for the hearing may result in a finding of default, which will constitute an admission of the facts alleged in the complaint and the waiver of his or her right to a hearing. | |||
| 46:46:1.0.1.1.5.5.1.1 | 46 | Shipping | I | A | 5 | PART 5—MARINE INVESTIGATION REGULATIONS—PERSONNEL ACTION | E | Subpart E—Deposit or Surrender of Coast Guard Credential or Endorsement | § 5.201 Voluntary deposits in event of mental or physical incompetence. | USCG | [CGD 84-099, 52 FR 47535, Dec. 14, 1987, as amended by USCG-2006-24371, 74 FR 11215, Mar. 16, 2009] | (a) A holder may deposit a credential or endorsement with the Coast Guard in any case where there is evidence of mental or physical incompetence. A voluntary deposit is accepted on the basis of a written agreement, the original of which will be given to the holder, which specifies the conditions upon which the Coast Guard will return the credential or endorsement to the holder. (b) Where the mental or physical incompetence of a holder of a credential or endorsement is caused by use of or addiction to dangerous drugs, a voluntary deposit will only be accepted contingent on the following circumstances: (1) The holder is enrolled in a bona fide drug abuse rehabilitation program; (2) The holder's incompetence did not cause or contribute to a marine casualty, (3) The incompetence was reported to the Coast Guard by the individual or any other person and was not discovered as a result of a Federal, State or local government investigation; and (4) The holder has not voluntarily deposited or surrendered a credential or endorsement, or had a credential or endorsement revoked for a drug related offense on a prior occasion. (c) Where the mental or physical incompetence of a holder of a credential or endorsement is caused by use or addiction to alcohol, a voluntary deposit will only be accepted contingent on the following circumstances: (1) The holder is enrolled in a bona fide alcohol abuse rehabilitation program; (2) The holder's incompetence did not cause or contribute to a marine casualty; and (3) The incompetence was reported to the Coast Guard by the individual or any other person and was not discovered as a result of a Federal, State, or local government investigation. (d) Where the conditions of paragraphs (b) and (c) of this section are not met, the holder may only surrender such credential or endorsement in accordance with § 5.203. | |||
| 46:46:1.0.1.1.5.5.1.2 | 46 | Shipping | I | A | 5 | PART 5—MARINE INVESTIGATION REGULATIONS—PERSONNEL ACTION | E | Subpart E—Deposit or Surrender of Coast Guard Credential or Endorsement | § 5.203 Voluntary surrender to avoid hearing. | USCG | [CGD 82-002, 50 FR 32184, Aug. 9, 1985, as amended by USCG-2006-24371, 74 FR 11215, Mar. 16, 2009] | (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. | |||
| 46:46:1.0.1.1.5.5.1.3 | 46 | Shipping | I | A | 5 | PART 5—MARINE INVESTIGATION REGULATIONS—PERSONNEL ACTION | E | Subpart E—Deposit or Surrender of Coast Guard Credential or Endorsement | § 5.205 Return or issuance of a credential or endorsement. | USCG | [CGD 84-099, 52 FR 47535, Dec. 14, 1987, as amended by USCG-2006-24371, 74 FR 11215, Mar. 16, 2009] | (a) A person may request the return of a voluntarily deposited credential or endorsement at any time, provided he or she can demonstrate a satisfactory rehabilitation or cure of the condition which caused the incompetence; has complied with any other conditions of the written agreement executed at the time of deposit; and complies with the physical and professional requirements for issuance of a credential or endorsement. (b) Where the voluntary deposit is based on incompetence due to drug abuse, the deposit agreement shall provide that the credential or endorsement will not be returned until the person: (1) Successfully completes a bona fide drug abuse rehabilitation program; (2) Demonstrates complete non-association with dangerous drugs for a minimum of six months after completion of the rehabilitation program; and (3) Is actively participating in a bona fide drug abuse monitoring program. (c) Where the voluntary deposit is based on incompetence due to alcohol abuse, the deposit agreement shall provide that the credential or endorsement will not be returned until the person: (1) Successfully completes a bona fide alcohol abuse rehabilitation program; and (2) Is actively participating in a bona fide alcohol abuse monitoring program. (d) The voluntary surrender of a credential or endorsement is the equivalent of revocation of such papers. A holder who voluntarily surrenders a credential or endorsement must comply with provisions of §§ 5.901 and 5.903 when applying for the issuance of a new credential or endorsement. | |||
| 46:46:1.0.1.1.5.6.1.1 | 46 | Shipping | I | A | 5 | PART 5—MARINE INVESTIGATION REGULATIONS—PERSONNEL ACTION | F | Subpart F—Subpoenas | § 5.301 Issuance of subpoenas. | USCG | (a) Every subpoena shall command the person to whom it is directed to appear at a specified time and place to give testimony or to produce books, papers, documents, or any other evidence, which shall be described with such particularity as necessary to identify what is desired. (b) The investigating officer may issue subpoenas for the attendance of witnesses or for the production of books, papers, documents, or any other relevant evidence needed by the investigating officer or by the respondent. (c) After charges have been served upon the respondent the Administrative Law Judge may, either on the Administrative Law Judge's own motion or the motion of the investigating officer or respondent, issue subpoenas for the attendance and the giving of testimony by witnesses or for the production of books, papers, documents, or any other relevant evidence. | ||||
| 46:46:1.0.1.1.5.6.1.2 | 46 | Shipping | I | A | 5 | PART 5—MARINE INVESTIGATION REGULATIONS—PERSONNEL ACTION | F | Subpart F—Subpoenas | § 5.303 Service of subpoenas on behalf of the respondent. | USCG | Service of subpoenas issued on behalf of the respondent is the responsibility of the respondent. However, if the Administrative Law Judge finds that the respondent or respondent's counsel is physically unable to effect the service, despite diligent and bona fide attempts to do so, and if the Administrative Law Judge further finds that the existing impediment to the service of the subpoena is peculiarly within the authority of the Coast Guard to overcome, the Administrative Law Judge will have the subpoena delivered to an investigating officer participating in the case for the purpose of effecting service. | ||||
| 46:46:1.0.1.1.5.6.1.3 | 46 | Shipping | I | A | 5 | PART 5—MARINE INVESTIGATION REGULATIONS—PERSONNEL ACTION | F | Subpart F—Subpoenas | § 5.305 Quashing a subpoena. | USCG | [USCG-1998-3472, 64 FR 28075, May 24, 1999] | Any person subpoenaed to appear to produce evidence at a hearing may request that the subpoena be quashed or modified using the procedures in 33 CFR 20.609. | |||
| 46:46:1.0.1.1.5.6.1.4 | 46 | Shipping | I | A | 5 | PART 5—MARINE INVESTIGATION REGULATIONS—PERSONNEL ACTION | F | Subpart F—Subpoenas | § 5.307 Enforcement. | USCG | Upon application and for good cause shown, or upon its own initiative, the Coast Guard will seek judicial enforcement of subpoenas issued by investigating officers or Administrative Law Judges. This is done by making application to the United States District Court, through the office of the appropriate U.S. Attorney, to issue an order compelling the attendance of, and/or giving of testimony by, witnesses, or for the production of books, papers, documents, or any other relevant evidence. | ||||
| 46:46:1.0.1.1.5.6.1.5 | 46 | Shipping | I | A | 5 | PART 5—MARINE INVESTIGATION REGULATIONS—PERSONNEL ACTION | F | Subpart F—Subpoenas | § 5.309 Proof of service. | USCG | (a) The person serving a subpoena shall make a written statement setting forth the date, time and manner of service and shall return such report with or on a copy of the subpoena to the investigating officer or Administrative Law Judge who issued it. In case of failure to make service of a subpoena, the person assigned to serve such subpoena shall make a written statement setting forth the reasons the subpoena was not served. The statement should be placed on the subpoena or attached to it and returned to the investigating office or Administrative Law Judge who issued the subpoena. (b) When service of a subpoena is made by certified mail with return receipt to be signed by the addressee only, the person mailing the subpoena shall make a written statement on a copy of the subpoena or attached to it, setting forth the date, time and location of the post office where mailed, the post office number assigned thereto. If delivered, the receipt requested shall be returned, by the person receiving the receipt, to the investigating officer or Administrative Law Judge who issued the subpoena. In case the subpoena is not delivered, any information reported by the post office regarding non-delivery shall be given to the investigating officer or Administrative Law Judge who issued the subpoena. | ||||
| 46:46:1.0.1.1.5.7.1.1 | 46 | Shipping | I | A | 5 | PART 5—MARINE INVESTIGATION REGULATIONS—PERSONNEL ACTION | G | Subpart G—Witness Fees | § 5.401 Payment of witness fees and allowances. | USCG | [CGD 82-002, 50 FR 32184, Aug. 9, 1985; 50 FR 35228, Aug. 30, 1985] | (a) Duly subpoenaed witnesses, other than Federal government employees, may apply for payment of their attendance as witnesses at an investigation or hearing conducted pursuant to this part by submitting a request for payment (Standard Form 1157) accompanied by any necessary receipts. (b) Fees and allowances will be paid as provided by 28 U.S.C. 1821, except that a person called to testify as an expert witness may be paid a higher fee to be fixed by the District Commander. | |||
| 46:46:1.0.1.1.5.8.1.1 | 46 | Shipping | I | A | 5 | PART 5—MARINE INVESTIGATION REGULATIONS—PERSONNEL ACTION | H | Subpart H—Hearings | § 5.501 General. | USCG | [USCG-1998-3472, 64 FR 28075, May 24, 1999, as amended by USCG-2006-24371, 74 FR 11215, Mar. 16, 2009] | 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. | |||
| 46:46:1.0.1.1.5.8.1.2 | 46 | Shipping | I | A | 5 | PART 5—MARINE INVESTIGATION REGULATIONS—PERSONNEL ACTION | H | Subpart H—Hearings | § 5.521 Verification of credential or endorsement. | USCG | [CGD 82-002, 50 FR 32184, Aug. 9, 1985, as amended by CGD 97-057, 62 FR 51042, Sept. 30, 1997; USCG-2006-24371, 74 FR 11215, Mar. 16, 2009] | (a) The Administrative Law Judge shall require the respondent to produce and present at the opening of the hearing, and on each day the hearing is in session thereafter, all valid credentials issued by the Coast Guard to the respondent. In the event that the respondent alleges that credential has been lost, misplaced, stolen, destroyed, or is otherwise beyond his ability to produce, the respondent shall execute a lost document affidavit (Form CG-4363). The Administrative Law Judge shall warn the respondent that a willful misstatement of any material item in such affidavit is punishable as a violation of a Federal criminal statute. (See 18 U.S.C. 1001). (b) When a hearing is continued or delayed, the Administrative Law Judge returns the credential to the respondent: unless a prima facie case has been established that the respondent committed an act or offense which shows that the respondent's service on a vessel would constitute a definite danger to public health, interest or safety at sea. | |||
| 46:46:1.0.1.1.5.8.1.3 | 46 | Shipping | I | A | 5 | PART 5—MARINE INVESTIGATION REGULATIONS—PERSONNEL ACTION | H | Subpart H—Hearings | § 5.567 Order. | USCG | [CGD 82-002, 50 FR 32184, Aug. 9, 1985, as amended by USCG-1998-3472, 64 FR 28075, May 24, 1999; USCG-2006-24371, 74 FR 11215, Mar. 16, 2009] | (a) The Administrative Law Judge enters an order which recites the disposition of the case. When the finding is not proved, the Administrative Law Judge issues an order dismissing the proceeding with or without prejudice to refile. When the finding is proved, the Administrative Law Judge may order an admonition, suspension with or without probation, or revocation. (b) The order is directed against all credentials or endorsements, except that in cases of negligence or professional incompetence, the order is made applicable to specific credentials or endorsements. If the Administrative Law Judge determines that the respondent is professionally incompetent in the grade of the license, certificate or document held, but is considered competent in a lower grade, the credential or endorsement may be revoked and the issuance of one of a lower grade ordered. (c) An order must specify whether the credential or endorsement affected is: (1) Revoked; (2) Suspended outright for a specified period after surrender; (3) Suspended for a specified period, but placed on probation for a specific period; or (4) Suspended outright for a specified period, followed by a specified period of suspension on probation. (d) The order will normally state, that the credential or endorsement is to be surrendered to the Coast Guard immediately, if the order is one of revocation or includes a period of outright suspension. In cases involving special circumstances, the order may provide for surrender on a certain date. (e) The time of any period of outright suspension ordered does not commence until the credential or endorsement is surrendered to the Coast Guard. The time of any period of suspension on probation begins at the end of any period of outright suspension or the effective date of the order if there is no outright suspension. | |||
| 46:46:1.0.1.1.5.8.1.4 | 46 | Shipping | I | A | 5 | PART 5—MARINE INVESTIGATION REGULATIONS—PERSONNEL ACTION | H | Subpart H—Hearings | § 5.569 Selection of an appropriate order. | USCG | [CGD 82-002, 50 FR 32184, Aug. 9, 1985, as amended by CGD 86-067, 53 FR 47079, Nov. 21, 1989; USCG-2000-7759, 66 FR 42967, Aug. 16, 2001] | (a) This section addresses orders in a general manner. The selection of an appropriate order is the responsibility of the Administrative Law Judge, subject to appeal and review. The investigating officer and the respondent may suggest an order and present argument in support of this suggestion during the presentation of aggravating or mitigating evidence. (b) Except for acts or offenses for which revocation is mandatory, factors which may affect the order include: (1) Remedial actions which have been undertaken independently by the respondent; (2) Prior record of the respondent, considering the period of time between prior acts and the act or offense for which presently charged is relevant; and (3) Evidence of mitigation or aggravation. (c) After an order of revocation is entered, the respondent will be given an opportunity to present relevant material on the record for subsequent consideration by the special board convened in the event an application is filed in accordance with subpart L of this part. (d) Table 5.569 is for the information and guidance of Administrative Law Judges and is intended to promote uniformity in orders rendered. This table should not affect the fair and impartial adjudication of each case on its individual facts and merits. The orders are expressed by a range, in months of outright suspension, considered appropriate for the particular act or offense prior to considering matters in mitigation or aggravation. For instance, without considering other factors, a period of two to four months outright suspension is considered appropriate for failure to obey a master's written instructions. An order within the range would not be considered excessive. Mitigating or aggravating factors may make an order greater or less than the given range appropriate. Orders for repeat offenders will ordinarily be greater than those specified. Table 5.569—Suggested Range of an Appropriate Order |
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CREATE TABLE cfr_sections (
section_id TEXT PRIMARY KEY,
title_number INTEGER,
title_name TEXT,
chapter TEXT,
subchapter TEXT,
part_number TEXT,
part_name TEXT,
subpart TEXT,
subpart_name TEXT,
section_number TEXT,
section_heading TEXT,
agency TEXT,
authority TEXT,
source_citation TEXT,
amendment_citations TEXT,
full_text TEXT
);
CREATE INDEX idx_cfr_title ON cfr_sections(title_number);
CREATE INDEX idx_cfr_part ON cfr_sections(part_number);
CREATE INDEX idx_cfr_agency ON cfr_sections(agency);