---
kind: "section"
citation: "33 C.F.R. § 20.311"
title: "33"
number: "20.311"
heading: "Withdrawal or dismissal."
url: "https://uscodex.org/cfr/33/20.311"
---

# §20.311. Withdrawal or dismissal.

- (a) An administrative proceeding may end in withdrawal without any act by an ALJ in any of the following ways:
  - (1) **By the filing of a stipulation by all parties who have appeared in the proceeding.**
  - (2) By the filing of a notice of withdrawal by the Coast Guard representative at any time before the respondent has served a responsive pleading.
  - (3) With respect to a complaint filed under section 311(b)(6) of the Federal Water Pollution Control Act ([33 U.S.C. 1321(b)(6)](/usc/33/1321.md?p=b-6)) or [section 109(d)](/cfr/33/109.md?p=d) of the Comprehensive Environmental Response, Compensation and Liability Act ([42 U.S.C. 9609(b)](/usc/42/9609.md?p=b)), by the filing of—
    - (i) A notice of withdrawal by the Coast Guard representative at any time after the respondent has served a responsive pleading, but before the issuance of an order assessing or denying a class II civil penalty, together with
    - (ii) A certification by the representative that the filing of the notice is due to a request by the Attorney General—in accordance with subsection 10(d) of Executive Order 12777 (56 FR 54757; [3 CFR](/cfr/3.md), 1991 Comp., p. 351)—that the Coast Guard refrain from conducting an administrative proceeding.
- (b) Unless the stipulation or notice of withdrawal states otherwise, a withdrawal under [paragraph (a)](#a) of this section is without prejudice.
- (c) Except as provided in [paragraph (a)](#a) of this section, no administrative proceeding may end in withdrawal unless approved by an ALJ upon such terms as she or he deems proper.
- (d) Any respondent may move to dismiss a complaint, the government may move to dismiss a petition, or any party may lodge a request for relief, for failure of another party to—
  - (1) Comply with the requirements of this part or with any order of the ALJ;
  - (2) Show a right to relief based upon the facts or law; or
  - (3) **Prosecute the proceeding.**
- (e) **A dismissal resides within the discretion of the ALJ.**

## 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.