PRIA Logo™
Title 33 — Navigation and Navigable WatersRelease 119-73not60

§923 Procedure Before Deputy Commissioner or Board

Title 33 › Chapter 18— LONGSHORE AND HARBOR WORKERS’ COMPENSATION › § 923

Last updated Apr 5, 2026|Official source

Summary

The deputy commissioner or the Board may run investigations and hold hearings without following strict common‑law or formal evidence rules, except where this chapter says otherwise. They must conduct things in whatever way best finds each party’s rights. A dead employee’s statements about the injury being examined can be accepted as evidence and, if supported by other proof, can establish the injury. Hearings must be open to the public and put into a transcript. The Secretary must approve any contracts to get reporters and must set rules for making and keeping the official 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 5, 2026

Release point: 119-73not60