221.71—Hearing Officer referral.
         If, pursuant to  § 221.67(b)(2) of this subpart, a Party elects to have the matter referred to a Hearing Officer, the Vessel Transfer Officer may—
    
    
        
        (a) 
         Decide not to proceed with penalty action, close the case, and notify the Party in writing that the case has been closed; or
    
    
        
        (b) 
         Refer the matter to a Hearing Officer with the case file and a record of any prior violations by the Party.