§562. Appeals and waivers

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.

(Added Pub. L. 111–281, title V, §524(a), Oct. 15, 2010, 124 Stat. 2958 , §102; renumbered §101, Pub. L. 111–330, §1(6)(A), Dec. 22, 2010, 124 Stat. 3569 ; amended Pub. L. 115–232, div. C, title XXXV, §3531(c)(2), Aug. 13, 2018, 132 Stat. 2320 ; renumbered §562, Pub. L. 115–282, title I, §105(b), Dec. 4, 2018, 132 Stat. 4200 .)

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.