Idiots Guide To Civil Case Files
About once every quarter, the USCG Hearing Office publishes a newsletter filled with critical information about their trials and successes. One of the common trends that the office seems to hit on each time is errors preparing the case file. While the MLEM may provide case package guidance on a grander scale (arrest, seizures, etc) there has always been a deficiency in the process to build a civil penalty case package. Thankfully the Hearing Office released a very comprehensive guide on how to properly assemble all the required information without errors. What better source for guidance than the office that make the final assessment! Since the USCG is not very good at sharing informational links, I will do that for you here. From the USCG Hearing Office:
In every case alleging violation of law or regulation, the case file must include sufficient information and evidence to ensure the fair adjudication of the violations. A party charged with a violation is provided with a copy of the civil penalty case file that is sent to the Coast Guard Hearing Office. This copy enables the Charged Party to exercise the due process right to comment. Case files should contain accurate information and present sufficient relevant and reliable evidence so that Coast Guard Hearing Officers can make a fair assessment and Charged Parties can respond in a meaningful manner either by accepting the violation and preliminary assessed penalty or by presenting evidence in defense, mitigation and / or extenuation. This guide provides an explanation of the type of information required in the documents that identify the Charged Party and describe the violations charged. This guide also includes some miscellaneous considerations regarding a civil penalty case and the transfer of control of a case to the Coast Guard Hearing Office. It also provides information regarding evidence and types of information requiring special handling. Finally, this guide provides general and specific examples of relevant documentary evidence for specific violation cases and a sampling of factors that a Coast Guard Hearing Officer might consider during the adjudication process.
Category: Training
