46 CFR § 5.107 - Service of complaints.

---
identifier: "/us/cfr/t46/s5.107"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "46 CFR § 5.107 - Service of complaints."
title_number: 46
title_name: "Shipping"
section_number: "5.107"
section_name: "Service of complaints."
chapter_name: "COAST GUARD, DEPARTMENT OF HOMELAND SECURITY"
subchapter_number: "A"
subchapter_name: "PROCEDURES APPLICABLE TO THE PUBLIC"
part_number: "5"
part_name: "MARINE INVESTIGATION REGULATIONS—PERSONNEL ACTION"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "46 U.S.C. 2103, 7101, 7301, 7701; DHS Delegation 00170.1, Revision No. 01.2."
regulatory_source: "CGD 82-002, 50 FR 32184, Aug. 9, 1985, unless otherwise noted."
cfr_part: "5"
---


# 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]