46 CFR 1.01-20 - Suspension and revocation proceedings.

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TITLE 46 - SHIPPING

CHAPTER I - COAST GUARD, DEPARTMENT OF HOMELAND SECURITY

SUBCHAPTER A - PROCEDURES APPLICABLE TO THE PUBLIC

PART 1 - ORGANIZATION, GENERAL COURSE AND METHODS GOVERNING MARINE SAFETY FUNCTIONS

1.01 - 20 - Suspension and revocation proceedings.

  (a) The Commandant takes final agency action on each proceeding concerned with revocation.

  (b) The Commandant has delegated authority to the Vice Commandant in 33 CFR 1.0140 to take final agency action under subparts I, J, and K of part 5 of this chapter on each proceeding except on a petition or appeal in a case on which an order of revocation has been issued.

  (c) The Commandant assigns to his staff a Chief Administrative Law Judge who is an Administrative Law Judge appointed under 5 U.S.C. 3105 and whose assignment is to: (1) Act as adviser and special assistant to the Commandant on matters concerning the administration of hearings conducted under 46 U.S.C. chapter 77; (2) Conduct hearings under 46 U.S.C. chapter 77; (3) Train new Administrative Law Judges assigned to conduct hearings under 46 U.S.C. chapter 77; (4) Review the written decisions and orders of each Administrative Law Judge assigned to conduct a hearing under 46 U.S.C. chapter 77; and (5) Act as adviser to the Chief Counsel in preparation of the final action of proceedings conducted under subparts I, J, and K of part 5 of this chapter.

  (d) The Chief Counsel of the Coast Guard, under the general direction and supervision of the Commandant, U.S. Coast Guard: (1) Acts as an adviser and as a special assistant to the Commandant in matters of law; and (2) Prepares for the consideration of the Commandant or the Vice Commandant, as appropriate, proposed decisions on cases on appeal or review in suspension and revocation proceedings.

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