§2162 — Title 14 Coast Guard | U.S. Code

Summary

Before an officer can be removed, they must get written notice at least thirty days before the board of inquiry hearing that explains why they must show cause to keep their job. The officer must be given a reasonable amount of time, set by the board under the Secretary’s rules, to prepare a defense, may attend the hearing in person and have a lawyer, and must be allowed full access to and copies of records about the case at every stage. If the Secretary decides some records must be kept secret for national security, the board may withhold them, but the officer should be given a summary of the withheld records as far as national security allows.

Title 14, §2162

Coast Guard — Source: USLM XML via OLRC

Each officer under consideration for removal under section 2159 of this title shall be—

(1)notified in writing at least thirty days before the hearing of the case by a board of inquiry of the reasons for which the officer is being required to show cause for retention;

(2)allowed reasonable time, as determined by the board of inquiry under regulations of the Secretary, to prepare his defense;

(3)allowed to appear in person and by counsel at proceedings before a board of inquiry; and

(4)allowed full access to, and furnished copies of, records relevant to the case at all stages of the proceeding, except that a board shall withhold any records that the Secretary determines should be withheld in the interests of national security. In any case where any records are withheld under this clause, the officer whose case is under consideration shall, to the extent that the national security permits, be furnished a summary of the records so withheld.

Editorial Notes

Amendments

2018—Pub. L. 115–282, § 123(b)(2), substituted “section 2159” for “section 322” in introductory provisions. Pub. L. 115–282, § 112(b), renumbered section 325 of this title as this section.

§2162 Rights and procedures

Summary

Title 14, §2162

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata