NOTICE OF VIOLATION (NOV) PROGRAM

R 061252Z FEB 08 ZUI ASN-PCC044000535
FM COMDT COGARD WASHINGTON DC//CG-545//
TO AIG 11924
BT
UNCLAS //N16731//
SUBJ: NOTICE OF VIOLATION (NOV) PROGRAM.
A. NOTICE OF VIOLATION USER'S GUIDE (COMDTINST M5582.1A)
1. THIS MESSAGE IS BEING ISSUED TO ENSURE NOV FORMS (CG-5582) ARE
AMENDED TO REFLECT A CHANGE TO THE PAYMENT ADDRESS, TO HIGHLIGHT
NOV PROGRAM POLICY CONTAINED IN REF (A), AND TO IMPROVE THE
COLLECTION OF PAYMENT ON DEFAULTED NOVS.
2. FIRST, A WORD ABOUT PROFESSIONALISM.  COAST GUARD NOV ISSUING
OFFICERS HAVE DISCRETION TO ISSUE NOVS WHEN THE ELEMENTS OF THE
VIOLATION ARE MET AND THE NOV IS THE APPROPRIATE ENFORCEMENT
OPTION.  NOV ISSUING OFFICERS ALSO HAVE THE DISCRETION TO DETERMINE
WHETHER ALL VIOLATIONS ARE INCLUDED ON THE NOV, OR WHETHER ANOTHER
ENFORCEMENT OPTION (E.G. LETTER OF WARNING, ADMINISTRATIVE CIVIL
PENALTY, ETC.) FOR ONE OR MORE VIOLATIONS IS APPROPRIATE WHILE
ISSUING AN NOV FOR THE OTHER VIOLATION(S).  NOV ISSUING OFFICERS
ALSO HAVE A DUTY TO INFORM THE RESPONSIBLE PARTY THAT IF THEY
DECLINE THE NOV, IT WILL BE PROCESSED AS AN ADMINISTRATIVE CIVIL
PENALTY CASE BY A COAST GUARD HEARING OFFICER, WHO MAY ASSESS A
CIVIL PENALTY HIGHER THAN THE PENALTY PROPOSED BY THE NOV.  ISSUING
OFFICERS SHOULD NOT, HOWEVER, COERCE THE RESPONSIBLE PARTY TO PAY
THE NOV BY USING PHRASES SUCH AS "IF YOU DO NOT PAY THIS NOV, THE
CIVIL PENALTY CASE WILL INCLUDE TWO MORE VIOLATIONS" OR "IF YOU DO
NOT PAY THIS NOV WE WILL SEEK THE MAXIMUM CIVIL PENALTY".  SUCH
STATEMENTS DO NOT EXEMPLIFY OUR USUAL PROFESSIONALISM WHEN
INTERACTING WITH THE PUBLIC NOR ARE THEY IN KEEPING WITH THE SPIRIT
OF OUR CORE VALUES.
3. WE (CG-545, OFFICE OF INVESTIGATIONS AND CASUALTY ANALYSIS) ARE
IN THE PROCESS OF UPDATING AND PRINTING NEW NOV FORMS.  THE
AVAILABILITY OF THE NEW FORMS FROM THE ENGINEERING LOGISTICS CENTER
(ELC) WILL BE ANNOUNCED VIA SEPARATE MESSAGE.  AS A TEMPORARY
SOLUTION, UNITS SHALL AMEND NOV FORMS BEING ISSUED TO REFLECT THE
NEW PAYMENT ADDRESS.  WE RECOMMEND YOU TAKE ONE OF THE FOLLOWING
ACTIONS:
A. PRODUCE STICKERS/LABELS WITH THE NEW PAYMENT ADDRESS (SEE
PARAGRAPH 4) AND PLACE THEM ON THE TWO COPIES (LABELED "VIOLATOR
COPY" AND "BANK / DECLINE COPY") GIVEN TO THE PARTY, OR;
B. PRINT THE UPDATED BACK PAGE OF THE NOV FORM LOCATED AT CG
CENTRAL AND ATTACH IT TO THE TWO COPIES GIVEN TO THE PARTY.  THE
UPDATED NOV BACK PAGE IS AVAILABLE AT:
http://cgcentral.uscg.mil/mycg/portal/ep/contentView.do?
contentTypeId=2&pageTypeId=1619017125&channelId=-1610641301
&programId=1618818507&contentId=1621698406
ISSUING OFFICERS SHALL INFORM PARTIES OF THE REQUIREMENT TO SEND
PAYMENTS WITH THE "BANK / DECLINE COPY" TO THE NEW ADDRESS; OR
C. MAKE PEN AND INK CHANGES TO THE PAYMENT ADDRESS (SEE PARAGRAPH
4) ON THE TWO COPIES GIVEN TO THE PARTY TO REFLECT THE NEW ADDRESS.
4. UNITS SHALL MAKE THE FOLLOWING PEN AND INK CHANGES TO REF (A).
REPLACE THE BACK PAGE OF THE NOV FORM IN ENCL (2) WITH THE UPDATED
BACK PAGE POSTED IN CGCENTRAL AND UPDATE CHAPTER 5 SECTION B TO
REFLECT THE FOLLOWING NEW PAYMENT ADDRESSES:
A) ADDRESS FOR PAYMENTS SENT VIA REGULAR MAIL:
U.S. COAST GUARD - CIVIL PENALTIES
P.O. BOX 70945
CHARLOTTE, NC 28272-0945
B) ADDRESS FOR PAYMENTS SENT VIA OVERNIGHT COURIER:
WACHOVIA QLP WHOLESALE LOCKBOX - NC0810
LOCKBOX #70945
1525 WEST WT HARRIS BLVD.
CHARLOTTE, NC 28262
5. PLEASE REMEMBER TO COMPLY WITH THE FOLLOWING NOV POLICY
CONCERNING ISSUING NOVS AND DOCUMENTING NOVS IN MISLE:
A. WHEN ISSUING NOVS DO NOT DEVIATE FROM THE PENALTY AMOUNTS LISTED
IN THE ENCLOSURES TO REF (A).
B. CREATE MISLE ENFORCEMENT ACTIVITIES USING THE ENFORCEMENT
REFERRAL FUNCTION WITHIN 3 DAYS OF ISSUING THE NOV.
C. PROCESS NOV ENFORCEMENT ACTIVITIES WITHIN 10 DAYS OF ISSUING THE
NOV.
D. ENSURE THAT THE NOV ISSUE DATE ENTERED ON THE RECOMMENDATION TAB
OF THE ENFORCEMENT ACTIVITY ACCURATELY REFLECTS THE DATE THE PARTY
RECEIVED THE NOV.
E. ROUTINELY USE THE MISLE ACTIVITY SEARCH SCREEN TO DETERMINE WHEN
AN NOV HAS BEEN DEFAULTED.  ENFORCEMENT ACTIVITIES WILL HAVE A
STATUS OF "OPEN - FORWARD TO COLLECTIONS" WHEN THE NOV HAS BEEN
DEFAULTED.  THE ACTIVITY STATUS SHALL BE CHANGED TO "OPEN -
SUBMITTED TO COLLECTIONS" AND OWNERSHIP AND CONTROL OF THE ACTIVITY
SHALL BE TRANSFERRED TO MLCPAC CLAIMS AND LITIGATIONS.  PROMPTLY
FORWARD THE UNIT COPY OF THE NOV AND PROOF OF RECEIPT BY THE PARTY
(WHEN THE NOV WAS NOT SIGNED BY THE PARTY) TO MLCPAC CLAIMS AND
LITIGATIONS FOR COLLECTION OF THE PENALTY.
6. TO IMPROVE THE COLLECTION OF DEFAULTED NOVS AND TO FACILITATE
FUTURE MISLE ENHANCEMENTS TO AUTOMATE THE TRANSFER OF ACTIVITIES TO
MLCPAC, UNITS SHALL SCAN THE UNIT COPY OF THE ISSUED NOV AND PROOF
OF RECEIPT BY THE PARTY (WHEN THE NOV WAS NOT SIGNED BY THE PARTY)
AND ATTACH THEM AS CORRESPONDENCE IN THE MISLE ACTIVITY.
7. QUESTIONS WITH THE CONTENT OF THIS MESSAGE SHOULD BE DIRECTED TO
LT EDGARDO CRUZ AT (202) 372-1035.
8. RELEASED BY CAPT M. P. RAND, CHIEF, OFFICE OF INVESTIGATIONS AND
CASUALTY ANALYSIS (CG-545).
9. INTERNET RELEASE AUTHORIZED.
BT
NNNN