What Is the Future Role of the Coast Guard's National Suspension & Revocation Center of Expertise?
Is the future role of the Coast Guard’s National Suspension & Revocation Center of Expertise to keep a traveling legal staff to prosecute those holding a mariner’s license?
The Coast Guard and U.S. Department of Homeland Security recognize the need for “targeted revitalization of technical competency and expertise within marine safety” in the maritime industry, and assert that the National Centers of Expertise (NCOE) will improve Coast Guard inspector and investigator competencies in the maritime industry, as well as insuring uniform application of regulations policy doctrine and Tactics, Techniques, and Procedures (TTP). The Suspension and Revocation National Center of Expertise (SR NCOE) is located in Martinsburg, West Virginia.
There are more than 200,000 credentialed merchant mariners for which the Coast Guard is charged to ensure their competency and professional conduct, that mariners have not acted beyond the scope of their licensed authority or acted negligent in their responsibilities. The Coast Guard can and does reprimand, following a hearing, licensed mariners to ensure they possess the necessary skill, experience and character to protect the life and safety of those at sea. According to a Defense Media Network posting, more than 600 mariner complaints are looked into annually by Coast Guard Investigating Officers (IOs). The SR NCOE Center is currently staffed by six individuals, one of which is an attorney, to assist the local Officer in Charge, Marine Inspection (OCMI) in presenting the Coast Guard’s case at a hearing on the suspension and revocation of a mariner’s license. The IOs are assisted by both military and civilian employees assigned to SR NCOE.
The SR NCOE and OCMI investigate potential violations of law, negligence, misconduct, unskillfulness, incompetence or misbehavior of persons holding merchant mariner documents, licenses, certificates or creditials issued by the Coast Guard and recommends SR pursuant to 46 USC 77when deemed appropriate. The process begins by the Coast Guard’s issuance of a complaint against the holder of a Coast Guard credential; the Coast Guard submits evidence to support the allegations of its complaint; the respondent/license or credential holder may submit evidence in rebuttal or mitigation to an administrative law judge. The judge renders a decision on the basis of evidence adduced at a hearing and the law, and renders a decision to the respondent. In the case where an appeal is made by either party, notice of appeal is filed in accordance with 33 CFR 20.1001(a). Supplementary information and regulatory information can be found in the Federal Register's article regarding Establishment of Suspension and Revocation of National Center of Expertiseand discussion of the rule setting forth the technical changes to Titles 33 and 46 of CFR in establishing SR NCOE and can be found at 33 CFR 1.01-20 and 46 CFR 1.01-15.
The Coast Guard and the Department assert that in broadening the Coast Guard’s team to handle suspension and revocation cases, this new team approach will not affect the process or procedure in prosecuting a mariner. That remains to be shown from the perspective of the licensed mariner meeting his or her burden of proof and mounting a defense to the charges alleged against his or her license or credential.
SR NCOE Section 1.01-25 has also been updated. 46 CRF 1.01-25(c)(1)(i)now reflects that either party, the Coast Guard or the respondent mariner (license holder), may appeal an Administrative Law Judge’s decision (former paragraph 1.01-25(c)(1)(i) only addressed appeals filed by the respondent license mariner).
Licensed mariners should be generally made aware of the existence and role of the SR NCOE and its support role and expertise provided to the OCMI.
