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Current as of January 02, 2025 | Updated by Findlaw Staff
(a) The prior disciplinary record of the respondent comprises the following items less than 10 years old:
(1) Any written warning issued by the Coast Guard and not contested by the respondent.
(2) Final agency action by the Coast Guard on any S&R proceeding in which a sanction or consent order was entered.
(3) Any agreement for voluntary surrender entered into by the respondent.
(4) Any final judgment of conviction in Federal or State courts.
(5) Final agency action by the Coast Guard resulting in the imposition against the respondent of any civil penalty or warning in a proceeding administered by the Coast Guard under this title.
(6) Any official commendatory information concerning the respondent of which the Coast Guard representative is aware. The Coast Guard representative may offer evidence and argument in aggravation of any charge proved. The respondent may offer evidence of, and argument on, prior maritime service, including both the record introduced by the Coast Guard representative and any commendatory evidence.
(b) The respondent may offer evidence and argument in mitigation of any charge proved.
(c) The Coast Guard representative may offer evidence and argument in rebuttal of any evidence and argument offered by the respondent in mitigation.
Cite this article: FindLaw.com - Code of Federal Regulations Title 33. Navigation and Navigable Waters § 33.20.1315 Submission of prior records and evidence in aggravation or mitigation - last updated January 02, 2025 | https://codes.findlaw.com/cfr/title-33-navigation-and-navigable-waters/cfr-sect-33-20-1315/
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 before relying on it for your legal needs.
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