Role of Federal agencies

The complainant and the respondent are parties in every proceeding. See 1986.108(a)(1).

• If either party is represented by counsel, documents are sent to their counsel (see 1986.108(a)(3)).

The Assistant Secretary ordinarily acts as prosecuting party when the respondent objects to the findings or the preliminary order. See 1986.108(a)(1).

• In other cases the Assistant Secretary may choose to participate either as a party or as amicus curiae.

The Assistant Secretary may participate as a party or as amicus curiae at any stage and has the right to petition for review of an ALJ decision, including decisions approving or rejecting settlement agreements. See 1986.108(a)(1).

• This means the Assistant Secretary can file briefs, argue legal issues, and request higher-level review even if not the prosecuting party.

Yes — the Assistant Secretary may withdraw as prosecuting party by giving written notice to the ALJ or Administrative Review Board (ARB) and the other parties. See 1986.108(a)(2).

• When the Assistant Secretary withdraws, the complainant becomes the prosecuting party and the ALJ or ARB will issue orders to manage the future course of the proceedings.

Copies of documents must be sent to all parties, or to their counsel if they are represented. See 1986.108(a)(3).

• If the Assistant Secretary is a party, copies must also be sent to the Regional Solicitor's Office representing the Assistant Secretary.

Yes — the U.S. Coast Guard may participate as amicus curiae at its discretion at any time, and at its request parties must send copies of all documents to the Coast Guard whether or not it is participating. See 1986.108(b).

• Practically, if the Coast Guard requests copies, include them with other service copies to ensure compliance.

If the Assistant Secretary withdraws, the complainant will become the prosecuting party and the ALJ or ARB will issue orders to regulate the future proceedings. See 1986.108(a)(2).

• Expect procedural orders about filing deadlines, evidence, and whether you need counsel; consider seeking legal representation because you will carry the prosecutorial responsibilities.

Participation as amicus curiae means the Assistant Secretary can offer legal arguments or information to the tribunal without being a formal party to the case. See 1986.108(a)(1).

• An amicus can file briefs, provide legal perspectives, and request review, but does not control the prosecution of the case unless it becomes the prosecuting party.

Parties must send copies of all documents in the case to the U.S. Coast Guard if it requests them, even if the Coast Guard is not participating. See 1986.108(b).

• To comply, include the Coast Guard on your service list and send timely copies of filings and exhibits.

When a party is represented by counsel, copies of documents should be sent to the counsel rather than directly to the party. See 1986.108(a)(3).

• Keep clear records of service to counsel to show compliance with the rule.

Yes — the Assistant Secretary has the right to petition for review of an ALJ decision that approves or rejects a settlement agreement. See 1986.108(a)(1).

• This means even approved settlements can be subject to higher-level review if the Assistant Secretary chooses to act.

If the complainant becomes the prosecuting party after a withdrawal, they should prepare to manage filings, deadlines, and litigation tasks or obtain counsel to handle prosecution. See 1986.108(a)(2).

• Practical steps include reviewing prior filings, checking ALJ/ARB orders, updating contact information, and considering legal representation.