§ 515.17 - Hearing procedures governing denial, revocation, or suspension of OTI license.

§ 515.17 Hearing procedures governing denial, revocation, or suspension of OTI license.

Cross Reference

Link to an amendment published at 85 FR 5583, Jan. 31, 2020.

(a) Hearing requests.

All hearing requests under §§ 515.15 and 515.16 shall be submitted to the Commission's Secretary. The

Secretary will designate a hearing officer for review and decision

hearing will be adjudicated under the procedures

established in this section. Upon receipt of a request for hearing, the hearing officer shall notify BCL, and BCL will provide to the hearing officer and applicant or licensee a copy of the notice given to the applicant or licensee and a copy of BCL materials supporting the notice. The hearing officer will then issue a notice advising the applicant or, in the case of a revocation or suspension of the license, the licensee of the right to submit information and documents, including affidavits of fact and written argument, in support of an OTI application or continuation of a current OTI license.

(b) Notice. The notice shall establish a date no later than thirty (30) days from the date of the notice for submission of all supporting materials by the applicant or licensee. The notice shall also provide that BCL may submit responsive materials no later than twenty (20) days from the date the applicant or licensee submitted its materials. BCL's notice and materials supporting its notice, the submission of the applicant or licensee, and the responsive submission of BCL shall constitute the entire record upon which the hearing officer's decision will be based. The hearing officer's decision must be issued within forty (40) days after the closing of the record.

(c) Review by Commission. An applicant or licensee may seek review of the hearing officer's decision by filing exceptions pursuant to 46 CFR 502.227, and within the time provided by 46 CFR 502.227(a)(1). Upon receipt of the exceptions, the Commission may conduct a hearing under Part 502.

(d) Commission-initiated enforcement proceedings. In proceedings for assessment of civil penalties for violations of the Shipping Act or Commission regulations, a license may be revoked or suspended after notice and an opportunity for hearing under Part 502 (Rules of Practice and Procedure).

[Revised and redesignated at 80 FR 68734, Nov. 5, 2015. Redesignated at 81 FR 4593, Jan. 27, 2016

set forth in subpart X of part 502 of this chapter.

[85 FR 5583, Jan. 31, 2020]