---
kind: "section"
citation: "46 C.F.R. § 5.55"
title: "46"
number: "5.55"
heading: "Time limitations for service of a complaint."
url: "https://uscodex.org/cfr/46/5.55"
---

# §5.55. Time limitations for service of a complaint.

- (a) **The time limitations for service of a complaint upon the holder of a credential are as follows—**
  - (1) When based exclusively on [46 U.S.C. 7704](/usc/46/7704.md), service shall be within 10 years after the date of conviction, or at anytime if the person charged is a user of or addicted to the use of a dangerous drug.
  - (2) For one of the misconduct offenses specified in [§ 5.59(a)](/cfr/46/5.59.md?p=a) or [§ 5.61(a)](/cfr/46/5.61.md?p=a), service shall be within five years after commission of the offense alleged therein.
  - (3) For an act or offense not otherwise provided for, the service shall be within three years after the commission of the act or offense alleged therein.
- (b) When computing the period of time specified in [paragraphs (a)](#a) (2) and (3) of this section there shall be excluded any period or periods of time when the respondent could not attend a hearing or be served charges by reason of being outside of the United States or by reason of being in prison or hospitalized.

## Notes

### Amendments

[CGD 82-002, 50 FR 32184, Aug. 9, 1985, as amended by USCG-1998-3472, 64 FR 28075, May 24, 1999; USCG-2006-24371, 74 FR 11214, Mar. 16, 2009]

### 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

[CGD 82-002, 50 FR 32184, Aug. 9, 1985, as amended by USCG-1998-3472, 64 FR 28075, May 24, 1999; USCG-2006-24371, 74 FR 11214, Mar. 16, 2009]