Administrative Law System Should Be Separated from Coast Guard (Rep. Elijah Cummings)

Last week, I convened a hearing of the House Subcommittee on Coast Guard and Maritime Transportation to examine serious allegations raised by two former Coast Guard Administrative Law Judges (ALJ) who testified that they did not operate in an environment supportive of their exercise of judicial independence. These allegations, if true, would imply that improper actions were committed to direct an ALJ to decide matters in the Coast Guard’s favor.

Coast Guard officers investigate accusations and bring cases against mariners; they even handle appeals of ALJ decisions raised to the Commandant. It is therefore vital that the service’s administrative law system not only ensure that there is no impropriety in the conduct of administrative proceedings, but that there is not even an appearance of unfairness in the system.

I believe that the best way to ensure that the administrative law system that considers whether to suspend or revoke a mariner’s credential is truly balanced is by separating that system from the Coast Guard. I look forward to working with Rep. LaTourette (R-Ohio), Ranking Member of the Subcommittee, to examine the best way that such a separation can be achieved.