14 U.S.C. § 2162: Rights and procedures

Summary

Any officer facing removal under section 2159 must get written notice at least 30 days before the board of inquiry hearing that explains why they must show cause. The board, following the Secretary’s rules, must give the officer a reasonable time to prepare. The officer may appear at the hearing in person and may be represented by a lawyer. The officer must be allowed access to and given copies of records relevant to the case at all stages. The Secretary can withhold records for national security, but when that happens the officer must be given, as national security allows, a summary of what was withheld.

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