Page 1 Page 2 Page 3 Page 4 Page 5 Page 6 Page 7 Page 8 Page 9 Page 10 Page 11 Page 12 Page 13 Page 14 Page 15 Page 16 Page 17 Page 18 Page 19 Page 20 Page 21 Page 22 Page 23 Page 24 Page 25 Page 26 Page 27 Page 28 Page 29 Page 30 Page 31 Page 32 Page 33 Page 34 Page 35 Page 36 Page 37 Page 38 Page 39 Page 40 Page 41 Page 42 Page 43 Page 44 Page 45 Page 46 Page 47 Page 4814 JANUARY/FEBRUARY 2017 • FOGHORN SPECIALREPORT Partnering to grow your marine business westmarinepro.com We are proud to announce that is now The West Marine Pro brand reflects who we are as a business today and symbolizes our dynamic future as part of a strong community of West Marine professional and retail customers. We are committed to providing the exceptional service and partnership required to help you grow your business. When you think of your business partner in the your business partner in the your marine industry, think West Marine Pro. Respondent. The Complaint will allege the type of case, the statute or regulation claimed to be violated, the pertinent alleged facts, and the proposed order of suspension or re- vocation; that is, the proposed sanction. The Complaint will also propose a place and date for hearing and advise Respondent of the right to be represented. Once a Complaint is filed and docketed, an ALJ is assigned to the case. Right to Counsel The Respondent has a right to be represented by an attorney or a duly authorized representative. The Respondent may also self-represent. Because these proceed- ings are administrative and not criminal in nature, the Coast Guard does not provide the Respondent with representa- tion. ARespondent may retain an attorney at his or her own expense or look into obtaining representation from a legal services clinic. A Respondent may also seek assistance from a non-attorney who has some expertise in S&R proceedings. If the Respondent is without means to retain an attorney, free legal representation may be available. The Coast Guard’s Office of the Chief Administrative Law Judge website at http://www.uscg.mil/alj contains a list of attorneys that may be available to represent respondents at no cost or at reduced cost if the mariner cannot afford an attorney. Respondents unable to afford attorney representation are urged to consult that website. The Answer After the Investigating Officer files the Complaint, the Respondent must file a written Answer within 20 days of being served. In the Answer, the Respondent must admit or deny each numbered paragraph in the Complaint. If the Answer states the Respondent lacks sufficient knowledge or information to admit or deny a particular numbered paragraph, it denies that paragraph. If the Answer does not otherwise specifically deny a particular numbered paragraph, it admits that paragraph. If the Respondent fails to file an Answer within 20 days the Respondent risks being found in Default. Being found in default constitutes an admission of all facts alleged in the Complaint and a waiver of the right to a hearing. In other words, if the Respondent does not file an Answer, he or she risks having the proposed sanction imple- mented upon application of the Investigating Officer and Order of the Administrative Law Judge. The Hearing If the Respondent does not admit to the allegations and proposed sanction the case will proceed to hearing. In an- ticipation of the hearing, parties will routinely participate in a pre-hearing teleconference with the Administrative Law Judge. During the teleconference, the ALJ will set the date and place of hearing as well as dates for the exchange of exhibit and witness lists, additional discovery, motions, and other matters that may arise. The ALJ will ordinarily issue orders deciding motions prior to the hearing and the case will then proceed to hearing unless the parties reach a settle- ment. Hearings typically last for one day or less and some can last for several days. Present at the hearing is a court reporter who records and transcribes all testimony and statements.At the beginning of the hearing, the parties may give an opening statement. Opening statements are an opportunity for the parties to tell theALJ what the evidence will show. The Coast Guard’s representative, who ordinarily is an attorney will then call witnesses and introduce exhibits. The Coast Guard presents its evidence first because it has the burden to prove the allegations in the Complaint by the preponderance of the evidence; that is, it is more likely than not that the allegations in the Complaint are true. The Respondent or the Respondent’s representative will have an opportunity to question the Coast Guard’s witnesses. The ALJ will rule on any questions whether evidence ought to be admitted for consideration. Once the Coast Guard has called all of its witnesses and introduced all of its exhibits, the Respondent or the Respondent’s attorney will have the opportunity to call witnesses and introduce exhibits. The Coast Guard represen- tative will have the opportunity to cross-examine and will also have the opportunity to rebut Respondent’s evidence in response to any new matters the Respondent’s evidence raises.