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.
The transcript of the hearing, together with all papers and exhibits filed, shall constitute the record for consideration and review.
[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.
[CGD 82-002, 50 FR 32184, Aug. 9, 1985, as amended by USCG-2004-18884, 69 FR 58342, Sept. 30, 2004]
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.)
[CGD 82-002, 50 FR 32184, Aug. 9, 1985, as amended by USCG-2006-25556, 72 FR 36330, July 2, 2007]
source: CGD 82-002, 50 FR 32184, Aug. 9, 1985, unless otherwise noted.
cite as: 46 CFR 5.805