§ 20.1205 Motion for return of temporarily suspended merchant mariner credential, license, certificate of registry, or document.

(a) Procedure. At any time during the expedited hearing, the respondent may move that his or her merchant mariner credential, license, certificate of registry, or document be returned on the grounds that the agency lacked probable cause for temporary suspension. The motion must be in writing and explain why the agency lacked probable cause.

(b) Ruling. If the ALJ grants the motion, the ALJ may issue such orders as are necessary for the return of the suspended credential, license, certificate, or document and for the matter to continue in an orderly way under standard procedure.

[CGD 98–3472, 64 FR 28062, May 24, 1999, as amended by USCG–2006–24371, 74 FR 11211, Mar. 16, 2009]