In addition, the article points out that the answer must raise all the defenses a mariner intends to raise at a hearing. Failure to raise a particular defense in an answer may preclude the mariner from raising that defense in a hearing. The new regs also eliminate the mariner's right not to testify, the establishment of formal hearing procedures, and restricts how mariners can appeal the judge's decision. Richard Block, editor of the National Association of Maritime Educators Newsletter. This is of real concern to working mariners.
Adverse determination can end careers which seamen have invested many years to qualify and pursue.
Frequently the Coast Guard spends massive sums and engages numerous expert personnel to pursue claims against seamen who have no resources to match those of the Coast guard. Unlike criminal matters, the public does not provide legal aid to seamen. The imposition of this dramatic change may effectively deprive the seamen of any opportunity for a fair hearing. In his letter to the USCG, Cohen noted that, ''Seamen are not the same as other litigants either legally or factually. They are prone to be unavailable for extended periods of time in order to fulfill their work responsibility.