PRIA, Government Policy, Made Personal

Summary

Anyone except the Commandant who decides an appeal or waiver of a marine safety decision—like inspections, crew staffing, or environmental threats—must either be a trained, experienced marine safety specialist able to judge the case, or have a senior staff member who meets those qualifications, actively advises, and signs off in writing.

Title 14, §562

Coast Guard, Source: USLM XML via OLRC

Except for the Commandant, any individual adjudicating an appeal or waiver of a decision regarding marine safety, including inspection or manning and threats to the environment, shall—

(1)be a qualified specialist with the training, experience, and qualifications in marine safety to effectively judge the facts and circumstances involved in the appeal and make a judgment regarding the merits of the appeal; or

(2)have a senior staff member who—

(A)meets the requirements of paragraph (1);

(B)actively advises the individual adjudicating the appeal; and

(C)concurs in writing on the decision on appeal.

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

A prior section 562 was renumbered section 1102 of this title. Another prior section 562, act Aug. 4, 1949, ch. 393, 63 Stat. 539; Aug. 3, 1950, ch. 536, § 27, 64 Stat. 407, related to deck courts, prior to repeal by act

May 5, 1950, ch. 169, §§ 5, 14(v), 64 Stat. 145, 148, effective

May 31, 1951.

Amendments

2018—Pub. L. 115–282 renumbered section 101 of this title as this section. Pub. L. 115–232 substituted “Commandant” for “Commandant of the Coast Guard” in introductory provisions. 2010—Pub. L. 111–330 renumbered section 102 of this title as this section.

Statutory Notes and Related Subsidiaries

Effective Date

of 2010 Amendment Pub. L. 111–330, § 1, Dec. 22, 2010, 124 Stat. 3569, provided that the amendment made by section 1(6)(A) is effective with the enactment of Pub. L. 111–281.

§562 Appeals and Waivers