DON'T LIKE WHAT YOU HEAR??

Nobody likes being told "no"! Anyone with kids knows first hand the reaction that "no" brings! One of the first things I tell clients is that ANY decision made by the first person you encounter, who is representing the Coast Guard, is NOT the final agency decision maker. Yes, they have been entrusted with certain duties to perform but their word is not the last. In the world of merchant marine licensing, decisions used to be made at the local Regional Examination Center (REC), who represented the Officer in Charge of Marine Inspection (OCMI) for that Sector. Now that initial decision will be made by civilian employees and military members of the National Maritime Center. There is an administrative process that allows anyone affected by such a decision to appeal to the next level of authority. In the case of the merchant marine licensing program, it works this way. When you submit an application to the Coast Guard a civilian, military, or contract evaluator will review the information. Some of the pieces of the package will be split off to deal with medical and what is referred to as “character” issues. In the end it all comes back together and a decision is made on whether or not to “approve” the application. This approval can be for direct issuance of a credential or it may be approval to take an exam. If the application is denied, this must be done in writing and it should explain exactly why. It should also state your appeal rights under the administrative process of Title 46 Code of Federal Regulations (CFR), 1.03-15 and 1.03-40 (with respect to NMC). The FIRST level of appeal is to ask NMC to reconsider this decision. Don’t be afraid to ask for this. Many times in my career as the REC Chief in Boston, it would be beneficial to all parties to look over the issue again and get a second opinion. You are not personally attacking the person who made this decision! You are simply asking them to look at the issue again and make sure that it is truly the correct one. Once it has been “reconsidered” by the OCMI, a decision will be made in writing. If the OCMI holds up the decision of the evaluator, it can then be appealed to Coast Guard Headquarters. The regulations state that this appeal should be in writing and completed within 30 days. It must also be sent via NMC to ensure that NMC is aware of your appeal and they will then forward your appeal to Headquarters for action. Once Headquarters makes its decision it is considered “final agency action”. This process may seem scary and time consuming. However, the Coast Guard WILL respond to you if you put it in writing. If you feel that the Coast Guard is truly off in their decision, another action may be to contact your U. S. Representative or Senator. Although this is not a formal administrative process, there are departments within the Coast Guard that deal with nothing else but “congressional” issues. Congress will constantly communicate with all Federal department agencies on many issues. If a constituent is affected by a decision made by the Coast Guard, it is well within the normal business of Government to have your Congressman contact the Coast Guard for an explanation and sometimes a resolution to the issue. In the end actions taken should be the correct one for all concerned. If the Coast Guard makes a decision you don’t like, don’t be afraid to appeal. But don’t expect their decision to be overturned just because you don’t like it either. Decisions should be made under the auspices of overall marine safety and nothing else!