---
kind: "section"
citation: "33 C.F.R. § 20.1102"
title: "33"
number: "20.1102"
heading: "Petitions to set aside decisions and provide hearings for civil penalty proceedings."
url: "https://uscodex.org/cfr/33/20.1102"
---

# §20.1102. Petitions to set aside decisions and provide hearings for civil penalty proceedings.

- (a) If no hearing takes place on a complaint for a class II civil penalty, any interested person may file a petition, 30 days or less after the issuance of an order assessing or denying a civil penalty, asking the Commandant to set aside the order and to provide a hearing.
- (b) If the Commandant decides that evidence presented by an interested person in support of a petition under [paragraph (a)](#a) of this section is material and that the ALJ did not consider the evidence in the issuance of the decision, the Commandant shall set aside the decision and direct that a hearing take place in accordance with the requirements of this part.
- (c) If the Commandant denies a hearing sought under this section, he or she shall provide to the interested person, and publish in the Federal Register, notice of and the reasons for the denial.

## Notes

### Authority

Authority: 33 U.S.C. 1321; 42 U.S.C. 9609; 46 U.S.C. 7701, 7702; Department of Homeland Security Delegation No. 0170.1, para. 2(73).

### Source

Source: CGD 98-3472, 64 FR 28062, May 24, 1999, unless otherwise noted.