{"data":{"id":"us/46-cfr-5.569","jurisdiction":"us","citation":"46 CFR 5.569","heading":"Selection of an appropriate order.","body":"(a) This section addresses orders in a general manner. The selection of an appropriate order is the responsibility of the Administrative Law Judge, subject to appeal and review. The investigating officer and the respondent may suggest an order and present argument in support of this suggestion during the presentation of aggravating or mitigating evidence.\n(b) Except for acts or offenses for which revocation is mandatory, factors which may affect the order include:\n(1) Remedial actions which have been undertaken independently by the respondent;\n(2) Prior record of the respondent, considering the period of time between prior acts and the act or offense for which presently charged is relevant; and\n(3) Evidence of mitigation or aggravation.\n(c) After an order of revocation is entered, the respondent will be given an opportunity to present relevant material on the record for subsequent consideration by the special board convened in the event an application is filed in accordance with subpart L of this part.\n(d) Table 5.569 is for the information and guidance of Administrative Law Judges and is intended to promote uniformity in orders rendered. This table should not affect the fair and impartial adjudication of each case on its individual facts and merits. The orders are expressed by a range, in months of outright suspension, considered appropriate for the particular act or offense prior to considering matters in mitigation or aggravation. For instance, without considering other factors, a period of two to four months outright suspension is considered appropriate for failure to obey a master's written instructions. An order within the range would not be considered excessive. Mitigating or aggravating factors may make an order greater or less than the given range appropriate. Orders for repeat offenders will ordinarily be greater than those specified.\nTable 5.569—Suggested Range of an Appropriate Order\nType of offense Range of order (in months)\nMisconduct:\nFailure to obey master's/ship officer's order 1-3.\nFailure to comply with U.S. law or regulations 1-3.\nPossession of intoxicating liquor 1-4.\nFailure to obey master's written instruction 2-4.\nImproper performance of duties related to vessel safety 2-5.\nFailure to join vessel (required crew member) 2-6.\nViolent acts against other persons (without injury) 2-6.\nFailure to perform duties related to vessel safety 3-6.\nTheft 3-6.\nViolent acts against other persons (injury) 4-Revocation.\nUse, possession, or sale of dangerous drugs Revocation (Note: see § 5.59).\nNegligence:\nNegligently performing duties related to vessel navigation 2-6.\nNegligently performing non-navigational duties related to vessel safety 1-3.\nNeglect of vessel navigation duties 3-6.\nNeglect of non-navigational safety related duties 2-4.\nIncompetence The only proper order for a charge of incompetence found proved is revocation.\nViolation of Regulation:\nRefusal to take chemical drug test 12-24\nRefusal to take required alcohol test 12-24\nDangerous drugs (46 U.S.C. 7704) The only proper order for a charge under 46 U.S.C. 7704 found proved is revocation.","path":["Title 46—Shipping","CHAPTER I—COAST GUARD, DEPARTMENT OF HOMELAND SECURITY","SUBCHAPTER A—PROCEDURES APPLICABLE TO THE PUBLIC","PART 5—MARINE INVESTIGATION REGULATIONS—PERSONNEL ACTION","Subpart H—Hearings"],"source_url":"https://www.ecfr.gov/api/versioner/v1/full/2026-08-25/title-46.xml","current_through":"2026-08-25","vintage":"","retrieved_at":"2026-08-27T02:26:22Z","sha256":"3c0b29c2e530ebe78726021c7afb4e5d5035e8d056d2d6c5e3e3b297cf8ed8bf","source_id":"us-cfr","stale":true,"prev":"us/46-cfr-5.567","next":"us/46-cfr-5.701"},"notice":"GroundRules: Original legal text. Not legal advice."}