Title 33 — Navigation and Navigable WatersRelease 119-73
§923 Procedure before deputy commissioner or Board
Title 33 › Chapter CHAPTER 18— - LONGSHORE AND HARBOR WORKERS’ COMPENSATION › § 923
Summary
Deputy commissioners or the Board may hold investigations and hearings without following regular court evidence rules or formal procedures, unless this chapter says otherwise. They must find the truth. Statements by a deceased employee about the injury are evidence and, with other proof, can prove the injury. Hearings must be public, recorded by a court reporter hired with the Secretary’s approval, and the Secretary must make rules for records.
Full Legal Text
Title 33, §923
Navigation and Navigable Waters — Source: USLM XML via OLRC
(a)In making an investigation or inquiry or conducting a hearing the deputy commissioner or Board shall not be bound by common law or statutory rules of evidence or by technical or formal rules of procedure, except as provided by this chapter; but may make such investigation or inquiry or conduct such hearing in such manner as to best ascertain the rights of the parties. Declarations of a deceased employee concerning the injury in respect of which the investigation or inquiry is being made or the hearing conducted shall be received in evidence and shall, if corroborated by other evidence, be sufficient to establish the injury.
(b)Hearings before a deputy commissioner or Board shall be open to the public and shall be stenographically reported, and the deputy commissioners or Board, subject to the approval of the Secretary, are authorized to contract for the reporting of such hearings. The Secretary shall by regulation provide for the preparation of a record of the hearings and other proceedings before the deputy commissioners or Board.
Legislative History
Notes & Related Subsidiaries
Editorial Notes
Amendments
1984—Subsec. (b). Pub. L. 98–426 substituted “Secretary” for “commission”. See
Transfer of Functions
note set out under section 902 of this title. 1972—Pub. L. 92–576 inserted references to the Board in subsecs. (a) and (b).
Statutory Notes and Related Subsidiaries
Effective Date
of 1984 AmendmentAmendment by Pub. L. 98–426 effective Sept. 28, 1984, see section 28(e)(1) of Pub. L. 98–426, set out as a note under section 901 of this title.
Effective Date
of 1972 AmendmentAmendment by Pub. L. 92–576 effective 30 days after Oct. 27, 1972, see section 22 of Pub. L. 92–576, set out as a note under section 902 of this title.
Reference
Citations & Metadata
Citation
33 U.S.C. § 923
Title 33 — Navigation and Navigable Waters
Last Updated
Apr 6, 2026
Release point: 119-73