Equal Access to Justice Claims

recommendations in the matter for the deciding official.

c. Equal Access to Justice Claims. Administrative Law Judges shall rule on

applications for award of attorney fees and other expenses, filed by respondents who

prevail in Coast Guard license, certificate, or document suspension and revocation

proceedings, as provided by the Equal Access to Justice Act, 5 U.S.C. Sec. 504,

(P.L. 96-481, 94 Stat. 2325; P. L. 99-80, 99 Stat. 183). In adjudicating the merits of

such applications, including claimants' eligibility and the amounts to be awarded,

and rendering written decisions thereon, Departmental regulations contained in 49

CFR Part 6 shall be observed and followed.

d. Civil Rights Act Hearings. When designated by Commandant (G-CJ),

Administrative Law Judges shall conduct hearings under Title VI of the Civil Rights

Act of 1964 with respect to nondiscrimination in Federally-assisted programs of the

U.S. Coast Guard. Proceedings shall be conducted and concluded in accordance

with the provisions of 33 CFR Part 24.

e. Deepwater Ports Hearings. When specifically designated by the Commandant (G-

C), with prior concurrence of the Secretary, an Administrative Law Judge shall

conduct hearings at designated locations, on specific and material factual issues as

directed, in accordance with the provisions of the Deepwater Port Act of 1974, 33

U.S.C. Sec. 1501, et seq. (P.L. 93-627), and 33 CFR Part 148.

f. Outer Continental Shelf Lands Act Claims. An Administrative Law Judge shall

conduct an administrative review of the denial of a claim filed under applicable

provisions of the Outer Continental Shelf Lands Act Amendments of 1978, 43

U.S.C. Sec. 1801, et seq. (P.L. 95-372), when such claim is referred to the

Administrative Law Judge by the Commandant (G-C), in accordance with 33 CFR

Part 136.

g. Membership in Local Hearing Boards. The Commandant (G-C) may designate

Administrative Law Judges to serve as the chair of local Hearing Boards established

for the purposes set forth in 33 CFR Part 125. (Waterfront Facilities, Port Security).