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

Summary

An officer facing removal under section 2159 must get written notice at least 30 days before a board of inquiry hearing that explains the reasons they must show cause. The board, following the Secretary’s rules, must give the officer reasonable time to prepare a defense. The officer may appear in person and with a lawyer. The officer must be allowed to see and get copies of relevant records at every stage, except the Secretary can withhold records for national security; if records are withheld, the officer gets a summary 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