---
kind: "section"
citation: "46 C.F.R. § 5.107"
title: "46"
number: "5.107"
heading: "Service of complaints."
url: "https://uscodex.org/cfr/46/5.107"
---

# §5.107. Service of complaints.

- (a) 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](/cfr/33/part20.md).
- (b) When the investigating officer serves the complaint, he or she shall also advise the respondent—
  - (1) Of the nature of S&R proceedings and their possible results;
  - (2) Of the right to be represented at the hearing by another person, who may, but need not, be a lawyer;
  - (3) Of the right to obtain witnesses, records, and other evidence by subpoena; and
  - (4) 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

[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]