Common use of 501 General Clause in Contracts

501 General. A hearing concerning the suspension or revocation of a merchant mariner’s credential or endorsement is a formal adjudication under the Administrative Procedure Act (APA) (5 U.S.C. 551, et seq.). It is presided over by, and con- ducted under the exclusive control of, an ALJ in accordance with applicable requirements in the APA, the rules in this part, and the rules of administra- tive practice at 33 CFR part 20. The ALJ shall regulate and conduct the hearing so as to bring out all the rel- evant and material facts and to ensure a fair and impartial hearing. [USCG-1998–3472, 64 FR 28075, May 24, 1999, as amended by USCG–2006–24371, 74 FR 11215, Mar. 16, 2009] (a) The Administrative Law Judge shall require the respondent to produce and present at the opening of the hear- ing, and on each day the hearing is in session thereafter, all valid credentials issued by the Coast Guard to the re- spondent. In the event that the re- spondent alleges that credential has been lost, misplaced, stolen, destroyed, or is otherwise beyond his ability to produce, the respondent shall execute a lost document affidavit (Form CG- 4363). The Administrative Law Judge shall warn the respondent that a will- ful misstatement of any material item in such affidavit is punishable as a vio- lation of a Federal criminal statute. (See 18 U.S.C. 1001). (b) When a hearing is continued or delayed, the Administrative Law Judge returns the credential to the respond- ent: unless a prima facie case has been established that the respondent com- mitted an act or offense which shows that the respondent’s service on a ves- sel would constitute a definite danger to public health, interest or safety at sea. [CGD82–002, 50 FR 32184, Aug. 9, 1985, as amended by CGD 97–057, 62 FR 51042, Sept. 30, 1997; USCG–2006–24371, 74 FR 11215, Mar. 16, 2009]

501 General. A hearing concerning the suspension or revocation of a merchant mariner’s credential license, certificate of registry, or endorsement docu- ment is a formal adjudication under the Administrative Procedure Act (APA) (5 U.S.C. 551, et seq.). It is presided pre- sided over by, and con- ducted conducted under the exclusive control of, an ALJ in accordance accord- ance with applicable requirements in the APA, the rules in this part, and the rules of administra- tive administrative practice at 33 CFR part 20. The ALJ shall regulate and conduct the hearing so as to bring out all the rel- evant relevant and material facts and to ensure a fair and impartial hearinghear- ing. [USCG-1998–3472, 64 FR 28075, May 24, 1999, as amended by USCG–2006–24371, 74 FR 11215, Mar. 16, 2009] (a) The Administrative Law Judge shall require the respondent to produce and present at the opening of the hear- ing, and on each day the hearing is in session thereafter, all valid credentials licenses, certificates, and/or documents issued by the Coast Guard to the re- spondentrespondent. In the event that the re- spondent alleges respondent al- leges that credential such license, certificate or document has been lost, misplaced, stolensto- len, destroyed, or is otherwise beyond his ability to produce, the respondent shall execute a lost document affidavit (Form CG- 4363CG-4363). The Administrative Law Judge shall warn the respondent that a will- ful willful misstatement of any material ma- terial item in such affidavit is punishable punish- able as a vio- lation violation of a Federal criminal ▇▇▇▇▇- nal statute. (See 18 U.S.C. 1001). (b) When a hearing is continued or delayed, the Administrative Law Judge returns the credential license, certificate, or doc- ument to the respond- entrespondent: unless a prima facie case has been established that the respondent com- mitted committed an act or offense which shows that the respondentre- spondent’s service on a ves- sel vessel would constitute a definite danger to public health, interest or safety at sea. [CGD82–002, 50 FR 32184, Aug. 9, 1985, as amended by CGD 97–057, 62 FR 51042, Sept. 30, 1997; USCG–2006–24371, 74 FR 11215, Mar. 16, 2009]