---
kind: "section"
citation: "33 C.F.R. § 20.904"
title: "33"
number: "20.904"
heading: "Reopening."
url: "https://uscodex.org/cfr/33/20.904"
---

# §20.904. Reopening.

- (a) To the extent permitted by law, the ALJ may, for good cause shown in accordance with [paragraph (c)](#c) of this section, reopen the record of a proceeding to take added evidence.
- (b) Any party may move to reopen the record of a proceeding 30 days or less after the closing of the record.
  - (1) Each motion to reopen the record must clearly set forth the facts that the movant would try to prove and the grounds for reopening the record.
  - (2) **Any party who does not respond to any motion to reopen the record waives any objection to the motion.**
- (c) The ALJ may reopen the record of a proceeding if he or she believes that any change in fact or law, or that the public interest, warrants reopening it.
- (d) The filing of a motion to reopen the record of a proceeding does not affect any period for appeals specified in subpart J of this part, except that the filing of such a motion tolls the running of whatever time remains in the period for appeals until either the ALJ acts on the motion or the party filing it withdraws it.
- (e)
  - (1) At any time, a party may file a petition to reopen with the Docketing Center for the ALJ to rescind any order suspending or revoking a merchant mariner's license, certificate of registry, credential, or endorsement document if—
    - (i) **The order rests on a conviction—**
      - (A) For violation of a dangerous-drug law;
      - (B) Of an offense that would prevent the issuance or renewal of the license, certificate, credential, or endorsement document; or
      - (C) Of an offense described in subparagraph 205(a)(3)(A) or (B) of the National Driver Register Act of 1982 ([23 U.S.C. 401](/usc/23/401.md), note); and
    - (ii) The respondent submits a specific order of court to the effect that the conviction has been unconditionally set aside for all purposes.
  - (2) The ALJ, however, may not rescind his or her order on account of any law that provides for a subsequent conditional setting-aside, modification, or expunging of the order of court, by way of granting clemency or other relief after the conviction has become final, without regard to whether punishment was imposed.
- (f) Three years or less after an S&R proceeding has resulted in revocation of a credential, endorsement, license, certificate, or document, the respondent may file a motion for reopening of the proceeding to modify the order of revocation with the ALJ Docketing Center.
  - (1) Any motion to reopen the record must clearly state why the basis for the order of revocation is no longer valid and how the issuance of a new merchant mariner credential with appropriate endorsement is compatible with the requirement of good discipline and safety at sea.
  - (2) Any party who does not respond to any petition to reopen the record waives any objection to the motion.

## Notes

### Amendments

[CGD 98-3472, 64 FR 28062, May 24, 1999, as amended by USCG-2006-24371, 74 FR 11211, Mar. 16, 2009]

### 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.

### Amendments

[CGD 98-3472, 64 FR 28062, May 24, 1999, as amended by USCG-2006-24371, 74 FR 11211, Mar. 16, 2009]