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Notification of penalties and Motion of review

Registration Of Merchant Ships (Disciplinary) Regulations, reg. 12 · Revised Edition 2020

(1) In cases where procedures to apply any of the penalties provided herein are completed, IMMARBE shall immediately issue the document of notification to the party concerned within thirty (30) days of such decision, who shall have thirty (30) working days from the date of such notification to file a petition for a hearing or motion of review before IMMARBE. In the case of penalties imposed on vessels, the notification shall be sent either to the registered agent, the shipowner, or the master of the vessel. (2) Motion of review against any penalty or sanction imposed under these Regulations may be filed for the decision of IMMARBE either by the complainant or by the affected party who may file such motion either directly or through its duly authorized representative. (3) Before the motion referred to in subregulation (2) above is entertained, the affected party shall pay in advance to IMMARBE fifty percent (50%) of the fine imposed, and after this requirement has been satisfied, IMMARBE shall suspend the execution of the remaining penalty or sanction until the review is completed by the Senior Deputy Registrar. Where the review is decided in favour of the affected party, the fine already paid, or such part of it as may be decided on review, will be refunded to the applicant.
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