---
kind: "section"
citation: "46 C.F.R. § 502.403"
title: "46"
number: "502.403"
heading: "General authority."
url: "https://uscodex.org/cfr/46/502.403"
---

# §502.403. General authority.

- (a) The Commission intends to consider using a dispute resolution proceeding for the resolution of an issue in controversy, if the parties agree to a dispute resolution proceeding.
- (b) The Commission will consider not using a dispute resolution proceeding if—
  - (1) A definitive or authoritative resolution of the matter is required for precedential value, and such a proceeding is not likely to be accepted generally as an authoritative precedent;
  - (2) The matter involves or may bear upon significant questions of Government policy that require additional procedures before a final resolution may be made, and such a proceeding would not likely serve to develop a recommended policy for the agency;
  - (3) Maintaining established policies is of special importance, so that variations among individual decisions are not increased and such a proceeding would not likely reach consistent results among individual decisions;
  - (4) The matter significantly affects persons or organizations who are not parties to the proceeding;
  - (5) A full public record of the proceeding is important, and a dispute resolution proceeding cannot provide such a record; and
  - (6) The Commission must maintain continuing jurisdiction over the matter with authority to alter the disposition of the matter in the light of changed circumstances, and a dispute resolution proceeding would interfere with the Commission's fulfilling that requirement.
- (c) Alternative means of dispute resolution authorized under this subpart are voluntary procedures which supplement rather than limit other available agency dispute resolution techniques.

## Notes

### Source

Source: 66 FR 43513, Aug. 20, 2001, unless otherwise noted.

### Authority

Authority: 5 U.S.C. 504, 551, 552, 553, 556(c), 559, 561-569, 571-584; 591-596; 18 U.S.C. 207; 28 U.S.C. 2112(a); 31 U.S.C. 9701; 46 U.S.C., 40103-40104, 40304, 40306, 40501-40503, 40701-40706, 41101-41109, 41301-41309, 44101-44106, 46105; 5 CFR part 2635.

### Source

Source: 49 FR 44369, Nov. 6, 1984, unless otherwise noted.