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 4816 JANUARY/FEBRUARY 2017 • FOGHORN SPECIALREPORT The Decision & the Appeal Process The Coast Guard and Respondent have the right to submit closing briefs as well as proposed findings of fact and conclusions of law after the court reporter has transcribed the proceedings and the transcript is made available to them. If the parties choose to waive their rights to submit proposed findings and conclusions the ALJ may, under appropriate cir- cumstances, render the decision orally from the bench. Otherwise, once closing briefs and proposed findings and conclusions are submitted to the ALJ, the record is closed. The ALJ will then carefully review the evidence presented by both parties and prepare the decision and order with findings of fact, analysis, and conclusions of law. If the Coast Guard proves its case, the ALJ will prepare an order imposing an appropriate sanction; that is, ad- monition, suspension with or without probation, or revocation. If the Coast Guard does not prove its case, the ALJ will issue an order dismissing the pro- ceeding with or without prejudice to re-file. Assuming the case against the mariner is not otherwise settled and eventually proceeds to a full eviden- tiary hearing, the ALJ will hear the evidence and issue a decision and order. The mariner can appeal that decision and order to the Commandant of the Coast Guard. The Commandant’s decision may be appealed to the National Transportation Safety Board. The Board’s decision can be appealed to the appropriate U.S. Circuit Court of Appeals and ultimately to the Supreme Court of the United States. Conclusion Congress established S&R proceed- ings to promote safety at sea. These proceedings are not penal in nature; • 100% Furuno designed Linux software improves stability & reduces virus risk • Fully compliant IMO systems (19" & 23.1" LCD) or Black Box ECDIS with user supplied wide glass bridge monitors are available • Simple Ethernet connection to FAR2xx7 Radars, saving thousands over complex interface kits www.FurunoUSA.com www.Facebook.com/Furuno ECDIS Electronic Chart Display and Information System ECDIS Electronic Chart Display and Information System About the Author Walter J. Brudzinski is the Chief Administrative Law Judge, U S. Coast Guard, BA, Univ. of Maryland, JD, George Mason Univ. School of Law, MJS and Ph.D., Univ. of Nevada. The opinions in this article are those of the author and do not necessarily reflect the official policy of the Commandant of the Coast Guard. that is, they do not constitute punish- ment. Rather, they are remedial to help maintain standards for competence and conduct essential to the promotion of safety at sea. Because a Merchant Mariner’s Credential is a property right, a mariner cannot be deprived of that property without due process of law as guaranteed by the Constitution, the Administrative Procedure Act, and Coast Guard regulations. n