46 CFR 5.107
§ 5.107 Service of complaints.
United States · 46 CFR — Shipping · Status: effective
Cite this
- Citation
- 46 CFR 5.107, § 5.107 Service of complaints, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/223273
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Full text
(a) When the investigating officer determines that an S&R proceeding is appropriate, he or she shall prepare and serve a complaint in accordance with 33 CFR part 20.
(b) When the investigating officer serves the complaint, he or she shall also advise the respondent—
(1) Of the nature of S&R proceedings and their possible results;
(2) Of the right to be represented at the hearing by another person, who may, but need not, be a lawyer;
(3) Of the right to obtain witnesses, records, and other evidence by subpoena; and
(4) That failure or refusal to answer the complaint or to appear at the time, date, and place specified for the hearing may result in a finding of default, which will constitute an admission of the facts alleged in the complaint and the waiver of his or her right to a hearing.
Legislative history
This is a federal regulation, adopted through agency rulemaking under the Administrative Procedure Act — not enacted by a recorded vote of Congress.