ALCOAST 179/25 - APR 2025 CLASS I, CIVIL PENALTIES ASSESSED BY THE CG HEARING OFFICE FOR CY2023 ACTIVITIES

R 111808Z APR 25 MID120001846444U
FM COMDT COGARD WASHINGTON DC
TO ALCOAST
BT
UNCLAS
ALCOAST 179/25
SSIC 5080
SUBJ: CLASS I, CIVIL PENALTIES ASSESSED BY THE CG HEARING OFFICE
FOR CY2023 ACTIVITIES
A. 33 CFR Part 1 Subpart 1.07, Enforcement; Civil and Criminal
Penalty Proceedings
B. Coast Guard Hearing Officer Procedural Administration of Civil
Penalty Cases, COMDTINST 16200.5C
1. This ALCOAST announces the release of the Civil Penalty Case
Outcomes (CPCO) for CY2023. The CPCO data is a compilation of the
case outcomes adjudicated by the Coast Guard Hearing Office for
all of the Class I civil penalty enforcement activities with a start
date between January 1, 2023 and January 1, 2024. This summary data
is available for review on the internet at:
(Copy and Paste URL Below into Browser)

https://www.uscg.mil/Portals/0/Headquarters/Legal/CGHO/ALCOAST/
CY2023_Civil_Penalty_Case_Outcomes_Report.pdf

2. Civil penalty cases are referred to the Hearing Office following
a vessel boarding or examination, a regulated facility inspection,
a marine casualty investigation, or other detection or inspection
activity by a Coast Guard operational unit. During CY2023, the
Coast Guard conducted more than 5,000 commercial fishing vessel
examinations, 46,000 recreational vessel boardings, 10,000 facility
inspections, 3,000 reportable marine casualty investigations, and
2,000 pollution investigations. Not all of these activities will
result in the discovery of a violation, but where that occurs, the
civil penalty process is a valuable tool driving compliance with
rules and regulations that help ensure a safe and secure marine
transportation system. The cases outlined in the CPCO report include
only those resulting in a civil penalty; they do not include
activities that were resolved at the unit level through either
the Notice of Violation (NOV) or "ticket" program, or through
compliance. In 2023, the Coast Guard processed over 600 NOVs and
over 1,000 civil penalty cases were closed without referral to the
Coast Guard Hearing Office when evidence of compliance was
established to the satisfaction of the charging unit. The CPCO
report also does not include the more serious Class II civil
penalties or judicial civil penalties used for more significant
events or violations.
3. The Coast Guard's civil penalty enforcement proceedings are
established in REF (A). Generally, the process includes a written
notice to the party of the alleged violation(s), along with a
complete copy of the case file, the right to make comment and
argument and provide evidence to rebut the alleged violation(s).
After the party has had the opportunity to submit material for
the Hearing Officer's consideration, the Hearing Officer makes a
final determination as to whether the violation(s) occurred as
alleged, based on a preponderance of evidence standard of proof.
If the violation(s) is found proven, the party has the right to
appeal the Hearing Officer's decision. A more comprehensive
description of the Coast Guard's civil penalty process is
contained in REF (B) and can be accessed here:
(Copy and Paste URL Below into Browser)

https://media.defense.gov/2023/May/05/2003216331/-1/-1/0/
CI_16200_5C.PDF

4. The purpose of civil penalties is to compel compliance and
aid deterrence. The penalty amounts assessed in 2023 are well below
the maximum penalties that could have been assessed because it is
Coast Guard policy to assess the smallest penalty that will achieve
compliance or deter future violations. In 2023, nearly $800,000 in
civil penalties were assessed which is a testament to the hard work
and dedication of our field units in conducting thorough boardings,
inspections, and investigations and in preparing case packages that
allow the hearing office to conduct a meaningful assessment and make
an appropriate determination.
5. It is important to note that in October 2023, the Coast Guard
transitioned from the legacy MISLE Enforcement application to the
new MISLE Enforcement and Adjudication Modernization (MEAM)
application. During the transition period, many enforcement
activities were delayed which decreased the number of civil penalty
cases referred to and adjudicated by the Hearing Office for CY2023.
However, preliminary data for CY2024 shows a proportional increase
in the number of civil penalty enforcement activities referred to
the Hearing Office.
6. POC: Ms. Alicia Scott, COMDT (CGHO) Alicia.M.Scott@uscg.mil
or (202)795-6240.
7. Mr. Calvin M. Lederer, Acting Judge Advocate General and Chief
Counsel (CG-094), and RADM Wayne Arguin, Assistant Commandant for
Prevention Policy (CG-5P), send.
8. Internet release is authorized.