Procedures.

§ 1.08–5 Procedures. (a) A written warning may be issued where the boarding officer determines that: (1) The observed violation is a first offense; and (2) The operator states that the violation will be promptly corrected. (b) A written warning may not be issued where: (1) The operator is required to be licensed or credentialed; (2) The violation is a failure to have required safety equipment on board; or (3) The boarding officer notes three or more violations during one boarding. (c) Each district office maintains a record of each written warning issued within that district for a period of not more than one year after date of issue except in cases involving violations of 33 CFR part 159 marine sanitation devices, records of which are maintained by each district office for not more than three years after date of issue. (d) The district commander of the district in which the warning is issued may rescind a written warning and institute civil penalty action under § 1.07–10 of this part if a record check discloses a prior written warning or violation issued within one year or in the case of a violation of 33 CFR part 159 a prior written warning or violation issued within three years. (e) Within 15 days after the date of issue, any person issued a written warning by a Coast Guard boarding officer may appeal the issuance of the warning to the district commander by providing in writing or in person any information that denies, explains, or mitigates the violations noted in the warning. (f) Each written warning shall indicate that: (1) The warning is kept on file for a period of not more than one year after date of issue or in the case of a violation of 33 CFR part 159 a period of not more than three years for reference in determining appropriate penalty action if there is a subsequent violation; (2) If a record check reveals a prior written warning or violation within the time period designated in § 1.08–5(d) of this part, the warning may be revoked and civil penalty action instituted; (3) If an additional violation occurs within the time period designated in § 1.08–5(d) the warning may be used as a basis for the assessment of a higher penalty for the subsequent violation; and (4) Within 15 days after the date of issue, the person who is issued the warning may appeal to the District Commander by providing in writing or in person any information or material that denies, explains, or mitigates the violations noted in the warning. (14 U.S.C. 633; 85 Stat. 228 (46 U.S.C. 1488); 86 Stat. 871 (33 U.S.C. 1322); 49 CFR 1.46 (b), (m), and (n)(1)) [CGD 74–155, 41 FR 17894, Apr. 29, 1976, as amended by CGD 77–182, 43 FR 22657, May 25, 1978; USCG–2006–25150, 71 FR 39208, July 12, 2006; USCG–2006–24371, 74 FR 11211, Mar. 16, 2009]