DOT 49 CFR PART 825-2010 RULES OF PROCEDURE FOR MERCHANT MARINE APPEALS FROM DECISIONS OF THE COMMANDANT U S COAST GUARD.pdf
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1、590 49 CFR Ch. VIII (10110 Edition) Pt. 825 anticipate the need to make their own defense. (b) Stay pending judicial review. No re-quest for a stay pending judicial review will be entertained if it is received by the Board after the effective date of the Boards order (see 821.50(b). If a stay action
2、 is to be timely, any request must be filed sufficiently in advance of the effective date of the Boards order to allow for a reply and Board review. PART 825RULES OF PROCEDURE FOR MERCHANT MARINE AP-PEALS FROM DECISIONS OF THE COMMANDANT, U.S. COAST GUARD Sec. 825.1 Applicability. 825.5 Notice of ap
3、peal. 825.10 Referral of record. 825.15 Issues on appeal. 825.20 Briefs in support of appeal. 825.25 Oral argument. 825.30 Action by the Board. 825.35 Action after remand. 825.40 Ex parte communications. AUTHORITY: Sec. 304(a)(9)(B), Independent Safety Board Act of 1974, Pub. L. 93633, 88 Stat. 2169
4、 (49 U.S.C. 1903(a)(9)(B). SOURCE: 40 FR 30248, July 17, 1975, unless otherwise noted. 825.1 Applicability. The provisions of this part govern all proceedings before the National Trans-portation Safety Board (Board) on ap-peals taken from decisions, on or after April 1, 1975, of the Commandant, U.S.
5、 Coast Guard, sustaining orders of an administrative law judge, revoking, suspending, or denying a license, cer-tificate, document, or register in pro-ceedings under: (a) R.S. 4450, as amended (46 U.S.C. 239); (b) Act of July 15, 1954 (46 U.S.C. 239a b); or (c) Section 4, Great Lakes Pilotage Act (4
6、6 U.S.C. 216(b). 825.5 Notice of appeal. (a) A party may appeal from the Commandants decision sustaining an order of revocation, suspension, or de-nial of a license, certificate, document, or register in proceedings described in 825.1, by filing a notice of appeal with the Board within 10 days after
7、 service of the Commandants decision upon the party or his designated attorney. Upon good cause shown, the time for filing may be extended. (b) Notice of appeal shall be ad-dressed to the Docket Clerk, National Transportation Safety Board, Wash-ington, DC 20594. At the same time, a copy shall be ser
8、ved on the Com-mandant (GL), U.S. Coast Guard, Washington, DC 20590. (c) The notice of appeal shall state the name of the party, the number of the Commandants decision, and, in brief, the grounds for the appeal. 825.10 Referral of record. Upon receipt of a notice of appeal, the Commandant shall imme
9、diately transmit to the Board the complete record of the hearing upon which his decision was based. This includes the charges, the transcript of testimony, and hearing proceedings (including ex-hibits), briefs filed by the party, the de-cision of the administrative law judge, and the Commandants dec
10、ision on ap-peal. It does not include intra-agency staff memoranda provided as advice to the Commandant to aid in his decision. 825.15 Issues on appeal. The only issues that may be consid-ered on appeal are: (a) A finding of a material fact is er-roneous; (b) A necessary legal conclusion is without
11、governing precedent or is a de-parture from or contrary to law or precedent; (c) A substantial and important ques-tion of law, policy, or discretion is in-volved; or (d) A prejudicial procedural error has occurred. 825.20 Briefs in support of appeal. (a) Within 20 days after the filing of a notice o
12、f appeal, the appellant must file, in the same manner as prescribed for the notice in 825.5, a brief in sup-port of the appeal. (b) This document shall set forth: (1) The name and address of the ap-pellant; (2) The number and a description of the license, certificate, document, or register involved;
13、 VerDate Mar2010 10:10 Dec 13, 2010 Jkt 220218 PO 00000 Frm 00600 Fmt 8010 Sfmt 8010 Y:SGML220218.XXX 220218wwoods2 on DSK1DXX6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-591 National Transportation Safety Board 825.40 (3) A summar
14、y of the charges af-firmed by the Commandant as proved; (4) Fact findings by the Commandant disputed by the appellant; (5) Specific statements of errors of laws asserted; (6) Specific statements of any abuse of discretion asserted; and (7) The relief requested. (c) Objection based upon evidence of r
15、ecord need not be considered unless the appeal contains specific record ci-tation to the pertinent evidence. (d) When a brief has been filed by ap-pellant under this section, the Coast Guard may, within 15 days of service of the brief on the Commandant, submit to the Board a reply brief. (e) If a pa
16、rty who has filed a notice of appeal does not perfect the appeal by the timely filing of an appeal brief, the Board may dismiss the appeal on its own initiative or on motion of the Coast Guard. 825.25 Oral argument. (a) If any party desires to argue a case orally before the Board, he should request
17、leave to make such argument in his brief filed pursuant to 825.20. (b) Oral argument before the Board will normally not be granted unless the Board finds good cause for such argu-ment. If granted, the parties will be ad-vised of the date. 825.30 Action by the Board. (a) On review by the Board, if no
18、 re-versible error is found in the Com-mandants decision on appeal, that de-cision will be affirmed. (b) On review by the Board, if revers-ible error is found in the Com-mandants decision on appeal, the Board may: (1) Set aside the entire decision and dismiss the charges if it finds the error incura
19、ble; or (2) Set aside the order, or conclu-sions, or findings of the Commandant and remand the case to him for further consideration if it finds the error cur-able. (c) When a matter has been remanded to the Commandant under paragraph (b) of this section, the Commandant may act in accordance with th
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