§5.107. Service of complaints.
46 C.F.R. § 5.107
When the investigating officer determines that an S&R proceeding is appropriate, he or she shall prepare and serve a complaint in accordance with 33 CFR part 20.
When the investigating officer serves the complaint, he or she shall also advise the respondent—
Of the nature of S&R proceedings and their possible results;
Of the right to be represented at the hearing by another person, who may, but need not, be a lawyer;
Of the right to obtain witnesses, records, and other evidence by subpoena; and
That failure or refusal to answer the complaint or to appear at the time, date, and place specified for the hearing may result in a finding of default, which will constitute an admission of the facts alleged in the complaint and the waiver of his or her right to a hearing.
Notes, amendments, and revision history
Amendments
[USCG-1998-3472, 64 FR 28075, May 24, 1999]
Authority
Authority: 46 U.S.C. 2103, 7101, 7301, 7701; DHS Delegation 00170.1, Revision No. 01.2.
Source
Source: CGD 82-002, 50 FR 32184, Aug. 9, 1985, unless otherwise noted.
Amendments
[USCG-1998-3472, 64 FR 28075, May 24, 1999]