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Code of Federal Regulations Title 33. Navigation and Navigable Waters § 33.20.1003 Procedures for appeal

Current as of October 02, 2022 | Updated by FindLaw Staff

(a) Each party appealing the ALJ's decision or ruling shall file an appellate brief with the Commandant at the following address:  U.S. Coast Guard Administrative Law Judge Docketing Center;  Attention:  Hearing Docket Clerk;  Room 412;  40 S. Gay Street;  Baltimore, MD 21201–4022, and shall serve a copy of the brief on every other party.

(1) The appellate brief must set forth the appellant's specific objections to the decision or ruling. The brief must set forth, in detail, the—

(i) Basis for the appeal;

(ii) Reasons supporting the appeal;  and

(iii) Relief requested in the appeal.

(2) When the appellant relies on material contained in the record, the appellate brief must specifically refer to the pertinent parts of the record.

(3) The appellate brief must reach the Docketing Center 60 days or less after service of the ALJ's decision. Unless filed within this time, or within another time period authorized in writing by the Docketing Center, the brief will be untimely.

(b) Any party may file a reply brief with the Docketing Center 35 days or less after service of the appellate brief. Each such party shall serve a copy on every other party. If the party filing the reply brief relies on evidence contained in the record for the appeal, that brief must specifically refer to the pertinent parts of the record.

(c) No party may file more than one appellate brief or reply brief, unless—

(1) The party has petitioned the Commandant in writing;  and

(2) The Commandant has granted leave to file an added brief, in which event the Commandant will allow a reasonable time for the party to file that brief.

(d) The Commandant may accept an amicus curiae brief from any person in an appeal of an ALJ's decision.

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Cite this article: FindLaw.com - Code of Federal Regulations Title 33. Navigation and Navigable Waters § 33.20.1003 Procedures for appeal - last updated October 02, 2022 | https://codes.findlaw.com/cfr/title-33-navigation-and-navigable-waters/cfr-sect-33-20-1003/

Read this complete Code of Federal Regulations Title 33. Navigation and Navigable Waters § 33.20.1003 Procedures for appeal on Westlaw

FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.

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