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HomeResourcesLegalCGHOArticles on Civil Penalty Issues 1

 

# United States Coast Guard Hearing Office

 

                        - TJAG Home Page
                        - Coast Guard Hearing Office
                        - Your Civil Penalty Options
                        - Civil Penalty Case Guide
                        - Articles on Civil Penalty Issues
                        - News Letters
                        - Appeal Decisions
                        - FAQ's
                        - Process Flow Chart
                        - 33 CFR 1.07
                        - Statutory Authorities
                        - Small Business
                        - ALCOAST

##  

STAFF ARTICLES ON CIVIL PENTAL ISSUES

**AUTHORITY, REGULATORY INTERPRETATIONS, LEGAL REVIEW**
                            - Vessel Boarding's and Coast Guard Authority
                            - Separation of Agency Functions
                            - Authority for Assessment of Civil Penalty for Simple Possession of Controlled Substance by Hearing Officer
                            - District Court Rejects Challenges to the Assessment of Civil Penalty
                            - Commercial Activity Does not Equal Coastwise Trade
                            - Coast Guard Authorization Act of 2010 Changes Civil Penalties
                            - Stability Letters and Uninspected Vessels operating as Small Passenger Vessels

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**BOATING WHILE INTOXICATED**
                            - Boating Under the Influence (BUI)
                            - Field Sobriety Test and Documentation
                            - BUI- Reasonable Cause
                            - BUI and Double Jeopardy
                            - Refusal to Perform FST's and Chemical Test
                            - Is It BUI, Negligent Operations, or Both
                            - BUI- Evidence to Support Subject was Operating the Vessel
                            - Hearing Office Boating Under the Influence Case Numbers Calendar Years 2012 and 2013
                            - BUI - Directing a Chemical Test

----

**BRIDGES**
                            - Drawbridge Violations- Unreasonable Delays and Unnecessary Openings    

----

**CIVIL PENALTY AMOUNTS**
                            - Maximum Civil Penalty Amounts
                            - Written Warning vs Amounts
                            - The Preliminary and Final Assessed Penalty Amounts
                            - Penalty Assessment Factors Applicable to Violations of 33 USC 1321 (b)(3)
                            - Minimum Civil Penalties- Failure to Heave To and Hazardous Material Transportation Violations
                            - The Recommended Penalty
                            - Coast Guard Authorization Act of 2010 Changes Civil Penalties

----

**Civil Penalty Case Files**
                            - Sending Violation Cases to the Hearing Office
                            - E-Signature Requirements
                            - Photos in Case Files
                            - Civil Penalty Timelines
                            - Missing LOU in Case File
                            - Lack of Records
                            - Dismissed Enforcement Activity
                            - Capacity in Which Charged 
                            - Documenting Compliance
                            - Factual Elements and Due Process
                            - Mailing Address
                            - Evidence Requirements for a Case File
                            - Mailing CD's and DVD's
                            - Evidence of Compliance
                            - Mutiplicious Charges
                            - Finding the Happy Medium when Submitting Evidence
                            - Civil Penalty Charge Sheets
                            - Who to Charge if the Boat Owner is Onboard But Not Operating the Boat
                            - Suggesting a History of Similar Violations Without Evidence is Not Helpful
                            - Timely Filing of Civil Penalty Cases

----

**Civil Penalty Process**
                            - Civil Penalty Hearings Explained 
                            - Notice of Violations (NOV) 
                            - Civil Penalty Appeals
                            - Civil Penalty Hearing 
                            - Responding to Charges; Hearings vs Written Responses 
                            - The Differences in Responding to a Compliance incentive Program or Civil Penalty Case 
                            - Options for a Charged Party 
                            - Constructive Notice 
                            - Final Decision Options 
                            - Civil Penalty Standards and Processes 
                            - Why did it take so long

----

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

----

**Commercial Vessel Safety Equipment**
                            - Child Wear of PFD's - Federal vs State Requirements 
                            - Enforcement of Commercial Fishing Vessel Survival Crafts Requirements 
                            - Types of Survival Craft 
                            - Fire Extinguisher Violations 
                            - Ring Life Buoys

----

 

**Documentation**
                            - Certificate of Number and Certificate of Documentation Requirements and Proper cites for Violations 
                            - Requirements of a Certificate of Documentation (COD)

----

**Letters of Warning**
                            - Written Warning vs Civil Penalty
                            - Promise of a Warning from the Boarding Officer
                            - Letter of Warning from the Hearing Officer 

----

**Marine Casualties**
                            - Marine Casualty Reporting 
                            - Hearing Office Marine Casualty Reporting Case Numbers

----

**Navigation Rule**
                            - Preferred Cite for Violations of the International "Rules of the Road"
                            - COLREGS vs INLAND waters

----

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

----

**Oil Record Book**
                            - Oil Record Book Violation Cases

----

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

----

**Protecting Information**
                            - PII, SSI, FOUO, LE Sensitive Information in the Case File

----

**Recreation Boat Safety Equipment**
                            - Child Wear of PFD's-- Federal vs. State Requirements
                            - Types of Survival Craft
                            - Fire Extinguisher Violations
                            - Ring Life Buoys
                            - Coastal Waters

**Operating as a Small Passenger Vessel without a valid COI**
                            - Illegal Passenger for Hire

----

 

 

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