33 C.F.R. Subpart G—Hearings
Title 33 - Navigation and Navigable Waters
The party that bears the burden of proof shall prove his or her case or affirmative defense by a preponderance of the evidence. (a) Except for an affirmative defense, or as provided by paragraph (b) of this section, the Coast Guard bears the burden of proof. (b) Except as otherwise provided by statute or rule, the proponent of a motion, request, or order bears the burden of proof. In each administrative hearing, a presumption— (a) Imposes on the party against whom it lies the burden of going forward with evidence to rebut or meet the presumption; but (b) Does not shift the burden of proof in the sense of the risk of non-persuasion. (a) With due regard for the convenience of the parties, and of their representatives or witnesses, the ALJ shall, as early as possible, fix the date, time, and place for the hearing and notify all parties and interested persons. (b) The ALJ may grant a request for a change in the date, time, or place of a hearing. (c) At any time after commencement of a proceeding, any party may move to expedite the proceeding. A party moving to expedite shall— (1) Explain in the motion the circumstances justifying the motion to expedite; and (2) Incorporate in the motion affidavits supporting any representations of fact. (d) After timely receipt of the motion and any responses, the ALJ may expedite pleadings, pre-hearing conferences, and the hearing, as appropriate. The ALJ may enter a default under §20.310 against a respondent threatening to fail, or having failed, to appear at a hearing unless,— (a) Before the time for the hearing, the respondent shows good cause why neither the respondent nor his or her representative can appear; or, (b) 30 days or less after an order to show good cause, the respondent shows good cause for his or her failure to appear. (a) Each witness shall testify under oath or affirmation. (b) If a witness fails or refuses to answer any question the ALJ finds proper, the failure or refusal constitutes grounds for the ALJ to strike all or part of the testimony given by the witness or to take any other measure he or she deems appropriate. (a) The ALJ may order the taking of the testimony of a witness by telephonic conference call. A person presenting evidence may by motion ask for the taking of testimony by this means. The arrangement of the call must let each participant listen to and speak to each other within the hearing of the ALJ, who will ensure the full identification of each so the reporter can create a proper record. (b) The ALJ may issue a subpoena directing a witness to testify by telephonic conference call. The subpoena in any such instance issues under the procedures in §20.608. (a) Each witness summoned in an administrative proceeding shall receive the same fees and mileage as a witness in a District Court of the United States. (b) The party or interested person who calls a witness is responsible for all fees and mileage due under paragraph (a) of this section. (a) When the ALJ closes the hearing, he or she shall also close the record of the proceeding, as described in §20.903, unless he or she directs otherwise. Even after the ALJ closes it, he or she may reopen it. (b) The ALJ may correct the transcript of the hearing by appropriate order. (a) Before the ALJ closes the hearing, he or she may hear oral argument so far as he or she deems appropriate. (b) Before the ALJ decides the case, and upon terms he or she finds reasonable, any party may file a brief, proposed findings of fact and conclusions of law, or both. Any party may waive this right. If all parties waive it, then the ALJ may issue an oral order at the close of the hearing. (c) Any oral argument, brief, or proposed findings of fact and conclusions of law form part of the record of the proceeding, as described in §20.903.
Title 33: Navigation and Navigable Waters
PART 20—RULES OF PRACTICE, PROCEDURE, AND EVIDENCE FOR FORMAL ADMINISTRATIVE PROCEEDINGS OF THE COAST GUARD
Subpart G—Hearings
§ 20.701 Standard of proof.
§ 20.702 Burden of proof.
§ 20.703 Presumptions.
§ 20.704 Scheduling and notice of hearings.
§ 20.705 Failure to appear.
§ 20.706 Witnesses.
§ 20.707 Telephonic testimony.
§ 20.708 Witnesses' fees.
§ 20.709 Closing of the record.
§ 20.710 Proposed findings, closing arguments, and briefs.
