COMDTINST 16200.3A
16 OCT 1992
2.
a.
(1)
(cont'd) collection, including the preparation of
policy directives.
(2)
Provide guidance to program managers regarding
investigation and handling of reported violations.
(3)
Annually evaluate the timeless, size, and
consistency of penalties assessed nationwide for
long term fairness and equity.
b.
District Commanders.
District commanders shall:
(1)
Ensure that program managers and subordinate unit
commanders are familiar with this instruction and
use it as a guideline when forwarding civil penalty
cases in a timely manner, including district program
manager's recommended penalty amounts, to the
appropriate civil penalty hearing officer.
(2)
Notify the appropriate Headquarters program manager
of recommendations to improve the civil penalty
process.
c.
Commanding Officers. Commanding officer whose
responsibilities include the preparation and forwarding
of violation reports shall:
(1)
Ensure the most effective means of enforcement is
employed to achieve the Coast Guard's goal of
promoting the safety of lives and property and
protecting the marine environment. Commanding
officers must consider the full range of
enforcement measures available to deter violations,
including those listed in section 4.G of reference
(a) and in reference (b), independent of the civil
penalty process.
(2)
Complete and forward civil penalty cases to the
appropriate district program manager in a timely
manner.
(3)
Follow the Guidelines established in this
instruction including recommended penalty amounts.
3.
DIRECTIVES AFFECTED. Enforcement Policy for Civil Penalties,
COMDTINST 16200.3, is cancelled.
4.
SCOPE. This instruction provides policy for the handling of
non-criminal violation cases by each program having
cognizance over applicable statutes and regulations. It
also requires the identification, by the appropriate
district program manager, of a recommended civil penalty
when forwarding penalty cases to civil penalty hearing
officers. Guidelines for selecting an appropriate
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