Actually, all settlement agreements must be approved by an ALJ, so the USCG is not wearing all the hats, just the investigator / prosecutor hats. (http://www.uscg.mil/directives/cim/16000-16999/CI…- MSM Volume 4, Investigations. See page C4-55) . "If filing a settlement agreement before an ALJ is assigned, the Docketing Center will assign an ALJ and send the settlement file to the ALJ’s office. After an ALJ is assigned, parties should file settlement agreements directly with the assigned ALJ."

Additionally, settlement agreements can only be entered into with agreement by both parties – the ALJ cannot force one or the other party to sign off on something they don't want. So while the ALJ can recommend settling, if the USCG feels the case is strong enough (and IOs shouldn't bring cases to the ALJ that aren't strong) then regardless of discovery, the IO can still, for example, request a 6 month suspension and not sign-off on a 2 month suspension in a settlement agreement. The case goes to a hearing and the ALJ issues a Decision and Order (case dismissed, suspension, revocation, etc.)

What marines need to be more aware of is the difference between voluntary surrender, voluntary deposit, and good-faith deposit .

- A voluntary surrender is more like judge and jury since there is no ALJ involved and is identical in effect to revoking the license or MMD – it's gone for good. A voluntary surrender should NEVER be agreed on without discussing with a lawyer first.
- A voluntary deposit is a voluntary suspension, usually used in cases where a mariner self-admits to a drug or alcohol problem and no investigation has been done. "Under the provision of 46 CFR 5.201, a Voluntary Deposit can only be offered in cases where there is evidence of mental or physical incompetence. A medical condition by itself is not incompetence;" and "46 CFR 5.201(b) discusses the use of a voluntary deposit where the mental or physical incompetence has occurred resulting from the use of, or addiction to dangerous drugs.".
- A good-faith deposit of a credential allows a mariner to get 'time' counted toward any suspension sanction while the filing/hearing process takes place. Generally the time deposited is counted toward a final sanction. At the same time, the mariner can get the credential back at any time if they want to go back to work.

Actually, all settlement agreements must be approved by an ALJ, so the USCG is not wearing all the hats, just the investigator / prosecutor hats. (http://www.uscg.mil/directives/cim/16000-16999/CI…- MSM Volume 4, Investigations. See page C4-55) . "If filing a settlement agreement before an ALJ is assigned, the Docketing Center will assign an ALJ and send the settlement file to the ALJ’s office. After an ALJ is assigned, parties should file settlement agreements directly with the assigned ALJ."

Additionally, settlement agreements can only be entered into with agreement by both parties – the ALJ cannot force one or the other party to sign off on something they don't want. So while the ALJ can recommend settling, if the USCG feels the case is strong enough (and IOs shouldn't bring cases to the ALJ that aren't strong) then regardless of discovery, the IO can still, for example, request a 6 month suspension and not sign-off on a 2 month suspension in a settlement agreement. The case goes to a hearing and the ALJ issues a Decision and Order (case dismissed, suspension, revocation, etc.)

What marines need to be more aware of is the difference between voluntary surrender, voluntary deposit, and good-faith deposit .

- A voluntary surrender is more like judge and jury since there is no ALJ involved and is identical in effect to revoking the license or MMD – it's gone for good. A voluntary surrender should NEVER be agreed on without discussing with a lawyer first.
- A voluntary deposit is a voluntary suspension, usually used in cases where a mariner self-admits to a drug or alcohol problem and no investigation has been done. "Under the provision of 46 CFR 5.201, a Voluntary Deposit can only be offered in cases where there is evidence of mental or physical incompetence. A medical condition by itself is not incompetence;" and "46 CFR 5.201(b) discusses the use of a voluntary deposit where the mental or physical incompetence has occurred resulting from the use of, or addiction to dangerous drugs.".
- A good-faith deposit of a credential allows a mariner to get 'time' counted toward any suspension sanction while the filing/hearing process takes place. Generally the time deposited is counted toward a final sanction. At the same time, the mariner can get the credential back at any time if they want to go back to work.