United States Coast Guard Hearing Office

 

 

STAFF ARTICLES ON CIVIL PENTAL ISSUES

AUTHORITY, REGULATORY INTERPRETATIONS, LEGAL REVIEW

  1. Vessel Boarding's and Coast Guard Authority
  2. Separation of Agency Functions
  3. Authority for Assessment of Civil Penalty for Simple Possession of Controlled Substance by Hearing Officer
  4. District Court Rejects Challenges to the Assessment of Civil Penalty
  5. Commercial Activity Does not Equal Coastwise Trade
  6. Coast Guard Authorization Act of 2010 Changes Civil Penalties
  7. Stability Letters and Uninspected Vessels operating as Small Passenger Vessels

BOATING WHILE INTOXICATED

  1. Boating Under the Influence (BUI)
  2. Field Sobriety Test and Documentation
  3. BUI- Reasonable Cause
  4. BUI and Double Jeopardy
  5. Refusal to Perform FST's and Chemical Test
  6. Is It BUI, Negligent Operations, or Both
  7. BUI- Evidence to Support Subject was Operating the Vessel
  8. Hearing Office Boating Under the Influence Case Numbers Calendar Years 2012 and 2013
  9. BUI - Directing a Chemical Test

BRIDGES

  1. Drawbridge Violations- Unreasonable Delays and Unnecessary Openings

     

CIVIL PENALTY AMOUNTS

  1. Maximum Civil Penalty Amounts
  2. Written Warning vs Amounts
  3. The Preliminary and Final Assessed Penalty Amounts
  4. Penalty Assessment Factors Applicable to Violations of 33 USC 1321 (b)(3)
  5. Minimum Civil Penalties- Failure to Heave To and Hazardous Material Transportation Violations
  6. The Recommended Penalty
  7. Coast Guard Authorization Act of 2010 Changes Civil Penalties

Civil Penalty Case Files

  1. Sending Violation Cases to the Hearing Office
  2. E-Signature Requirements
  3. Photos in Case Files
  4. Civil Penalty Timelines
  5. Missing LOU in Case File
  6. Lack of Records
  7. Dismissed Enforcement Activity
  8. Capacity in Which Charged
  9. Documenting Compliance
  10. Factual Elements and Due Process
  11. Mailing Address
  12. Evidence Requirements for a Case File
  13. Mailing CD's and DVD's
  14. Evidence of Compliance
  15. Mutiplicious Charges
  16. Finding the Happy Medium when Submitting Evidence
  17. Civil Penalty Charge Sheets
  18. Who to Charge if the Boat Owner is Onboard But Not Operating the Boat
  19. Suggesting a History of Similar Violations Without Evidence is Not Helpful
  20. Timely Filing of Civil Penalty Cases

Civil Penalty Process

  1. Civil Penalty Hearings Explained
  2. Notice of Violations (NOV)
  3. Civil Penalty Appeals
  4. Civil Penalty Hearing
  5. Responding to Charges; Hearings vs Written Responses
  6. The Differences in Responding to a Compliance incentive Program or Civil Penalty Case
  7. Options for a Charged Party
  8. Constructive Notice
  9. Final Decision Options
  10. Civil Penalty Standards and Processes
  11. Why did it take so long

Citizenship Requirements

  1. 75/25 Rule
  2. Who's in Command- The "Paper Captain" 46USC 12131 Violations
  3. Citizenship Requirements- The 75/25 Rule
  4. Citizenship Documentation
  5. Commercial Fishing Vessel Request for Citizenship Waiver Requirements
  6. Citizenship Violations under 8103(b) and (i)
  7. Immigration Status of Unlicensed Seaman on Fishing Vessels

Commercial Vessel Safety Equipment

  1. Child Wear of PFD's - Federal vs State Requirements
  2. Enforcement of Commercial Fishing Vessel Survival Crafts Requirements
  3. Types of Survival Craft
  4. Fire Extinguisher Violations
  5. Ring Life Buoys

 

Documentation

  1. Certificate of Number and Certificate of Documentation Requirements and Proper cites for Violations
  2. Requirements of a Certificate of Documentation (COD)

Letters of Warning

  1. Written Warning vs Civil Penalty
  2. Promise of a Warning from the Boarding Officer
  3. Letter of Warning from the Hearing Officer

Marine Casualties

  1. Marine Casualty Reporting
  2. Hearing Office Marine Casualty Reporting Case Numbers

Navigation Rule

  1. Preferred Cite for Violations of the International "Rules of the Road"
  2. COLREGS vs INLAND waters

Negligent Operations

  1. Negligent Operations- Establishing the Standard of care
  2. Is it BUI, Negligent Operations or Both
  3. Proving Violations Involving The Reasonable And Prudent Standard Of Care

Oil Record Book

  1. Oil Record Book Violation Cases

Pollution and Hazmat

  1. Penalty Assessment Factors Applicable to Violations of 33 USC 1321 (b)(3)
  2. Waste Management Plan Violations
  3. Antifouling Systems
  4. Facility Oil Spills
  5. APPLICATION OF GARBAGE MANAGEMENT PLAN REQUIREMENTS TO U.S. RECREATIONAL AND FISHING VESSELS (33 C.F.R PART 151)

Protecting Information

  1. PII, SSI, FOUO, LE Sensitive Information in the Case File

Recreation Boat Safety Equipment

  1. Child Wear of PFD's-- Federal vs. State Requirements
  2. Types of Survival Craft
  3. Fire Extinguisher Violations
  4. Ring Life Buoys
  5. Coastal Waters

Operating as a Small Passenger Vessel without a valid COI

  1. Illegal Passenger for Hire

 

 

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