§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.
