Service of complaints.

§ 5.107 Service of complaints. (a) When the investigating officer determines that an S&R proceeding is appropriate, he or she shall prepare and serve a complaint in accordance with 33 CFR part 20. (b) When the investigating officer serves the complaint, he or she shall also advise the respondent— (1) Of the nature of S&R proceedings and their possible results; (2) Of the right to be represented at the hearing by another person, who may, but need not, be a lawyer; (3) Of the right to obtain witnesses, records, and other evidence by subpoena; and (4) That failure or refusal to answer the complaint or to appear at the time, date, and place specified for the hearing may result in a finding of default, which will constitute an admission of the facts alleged in the complaint and the waiver of his or her right to a hearing. [USCG–1998–3472, 64 FR 28075, May 24, 1999]