---
kind: "section"
citation: "33 C.F.R. § 148.228"
title: "33"
number: "148.228"
heading: "What if a formal evidentiary hearing is necessary?"
url: "https://uscodex.org/cfr/33/148.228"
---

# §148.228. What if a formal evidentiary hearing is necessary?

- (a) After all public meetings under [§ 148.222](/cfr/33/148.222.md) of this part are concluded, the Commandant (CG-5P), in coordination with the MARAD Administrator, will consider whether there are one or more specific and material factual issues that may be resolved by a formal evidentiary hearing.
- (b) If the Commandant (CG-5P), in coordination with the MARAD Administrator, determines that one or more issues under [paragraph (a)](#a) of this section exist, the Coast Guard will hold at least one formal evidentiary hearing under [5 U.S.C. 554](/usc/5/554.md) in the District of Columbia.
- (c) The Commandant (CG-5P) files a request for assignment of an administrative law judge (ALJ) with the ALJ Docketing Center. The Chief ALJ designates an ALJ or other person to conduct the hearing.
- (d) The recommended findings and the record developed in a hearing under [paragraph (b)](#b) of this section are considered by the MARAD Administrator in deciding whether to approve or deny a license.

## Notes

### Amendments

[USCG-1998-3884, 71 FR 57651, Sept. 29, 2006, as amended by USCG-2013-0397, 78 FR 39177, July 1, 2013]

### Authority

Authority: 33 U.S.C. 1504; Department of Homeland Security Delegation No. 0170.1 (75).

### Source

Source: USCG-1998-3884, 71 FR 57651, Sept. 29, 2006, unless otherwise noted.

### Amendments

[USCG-1998-3884, 71 FR 57651, Sept. 29, 2006, as amended by USCG-2013-0397, 78 FR 39177, July 1, 2013]