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Combat & Patrol Craft Annual
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INSIGHTS cuss matters critical to the management of the Coast Guard discuss legal updates affecting S&R proceedings. Represen-
S&R process. Those communications must also protect the tatives from other CG units may also attend. Any presenta- due process rights of respondents from in? uences that are tions or brie? ngs, if in written or transmittable form, will be not part of the record or “ex parte” communications. placed on the internet for public view at http://www.uscg.
mil/alj/general_info.asp. The Of? ce of Investigations and
Tell us more about these ‘Ex Parte Communications.’
Analysis develops policies and procedures for training In-
The law prohibits ex parte communications. The Admin- vestigating Of? cers in the ? eld. Training Center Yorktown istrative Procedure Act at 5 U.S.C. § 551(14) de? nes “ex uses this information to develop the curriculum for the parte communication” as “an oral or written communication S&R and Investigating Of? cer training course. Personnel not on the public record with respect to which reasonable from components within the Of? ce of the Judge Advocate prior notice to all parties is not given, but it shall not include General, the ALJ Docketing Center which is a detached requests for status reports on any matter or proceeding cov- unit of the Of? ce of the Chief Administrative Law Judge, ered by this subchapter.” The Coast Guard’s S&R procedural and the Headquarters Of? ce of the Chief Administrative regulations at 33 C.F.R. § 20.205 provide ex parte communi-
Law Judge may participate in the training courses in the cations are governed by 5 U.S.C. § 557(d). That U.S. Code capacity of providing an overview of their roles and mis- section prohibits interested persons outside the agency from sions. All Coast Guard personnel attending as instructors, making an ex parte communication to the Administrative lecturers, or students from all Coast Guard entities are not
Law Judge (ALJ) relative to the merits of the proceeding or to discuss the merits of any pending S&R case. to persons in the agency responsible for the decision making process except as authorized by law. It also prohibits ALJs or
Are there speci