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There will not be a “DOL” hearing, however, an arrest can subject you to another civil hearing conducted before the United States Coast Guard. Should local or state law enforcement make a report of an operator’s arrest to the Coast Guard for BUI, it is highly likely that a civil hearing will be scheduled in order to determine if a fine and if so, how much, is imposed by the Federal Government.
1. United States Coast Guard General Authorities:
The Secretary has general superintendence over the merchant marine of the United States and of merchant marine personnel insofar as the enforcement of this subtitle is concerned and insofar as those vessels and personnel are not subject, under other law, to the supervision of another official of the United States Government. In the interests of marine safety and seamen's welfare, the Secretary shall enforce this subtitle and shall carry out correctly and uniformly administer this subtitle. The Secretary may prescribe regulations to carry out the provisions of this subtitle.
Whereas DOL hearings on DUIs pertain only to one’s driving privilege in the State of Washington, Coast Guard Civil Hearings pertain only to the imposition of a monetary fine. Moreover, Coast Guard hearing officers are given considerably more leeway in determining the appropriate penalty than their DOL counterparts. Equitable grounds exist for Coast Guard hearing officers whereas equity has long since died before the Department of Licensing.
Any person may report an apparent violation of any law, regulation or order that is enforced by the Coast Guard to the District Commander at any Coast Guard facility. Whenever a report of violation is received, the matter is to be evaluated by the District Commander of the district in which the violation is believed to have occurred or the district in which the reporting agency if found. If the District Commander finds sufficient evidence to establish a prima facie case, a case filed is prepared and forwarded to a Coast Guard hearing officer with a recommended action.
Coast Guard hearing officers have no responsibility for the investigation of any case submitted to them for consideration of a civil fine. They must decide each case based upon the evidence presented to them. They cannot have any prior connection with the case they are deciding. They do have the authority to administer oaths and issue subpoenas necessary to the conduct of a hearing and to the extent provided by law.
2. Civil penalty procedures
(a)After notice and an opportunity for a hearing, a person found by the Secretary to have violated this subtitle or a regulation prescribed under this subtitle for which a civil penalty is provided, is liable to the United States Government for the civil penalty provided. The amount of the civil penalty shall be assessed by the Secretary by written notice. In determining the amount of the penalty, the Secretary shall consider the nature, circumstances, extent, and gravity of the prohibited acts committed and, with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other matters that justice requires. (b) The Secretary may compromise, modify, or remit, with or without consideration, a civil penalty under this subtitle until the assessment is referred to the Attorney General. (c) If a person fails to pay an assessment of a civil penalty after it has become final, the Secretary may refer the matter to the Attorney General for collection in an appropriate district court of the United States.
A flowchart to illustrate how the civil Coast Guard hearing works is included. Link up Coast Guard flowchart here. The process begins when the marine violation case is sent to the appropriate office. There a hearing officer will make an initial determination as to how much of a fine should be imposed. The hearing officer can assess a fine all the way up to $5,000. In addition to the factors previously mentioned, the hearing officer will also take into account the mandates of Federal Law. Note, State law does not apply here so even if you were technically not in violation of RCW 79A.60.040, you may be in violation of Federal Statutes prohibiting similar conduct.
Even if you have been fortunate enough to plea bargain your case, or even if no charge was actually filed, you are not immune from potential civil penalties from the Coast Guard. |
