CHAPTER 77 —SUSPENSION AND REVOCATION
Editorial Notes
Amendments
2022—
2004—
§7701. General
(a) The purpose of suspension and revocation proceedings is to promote safety at sea.
(b) Licenses, certificates of registry, and merchant mariners' documents may be suspended or revoked for acts described in
(c) When a license, certificate of registry, or merchant mariner's document has been revoked under this chapter, the former holder may be issued a new license, certificate of registry, or merchant mariner's document only after—
(1) the Secretary decides, under regulations prescribed by the Secretary, that the issuance is compatible with the requirement of good discipline and safety at sea; and
(2) the former holder provides satisfactory proof that the bases for revocation are no longer valid.
(d) The Secretary may prescribe regulations to carry out this chapter.
(
| Revised section | Source section (U.S. Code) |
|---|---|
| 7701 | 46:239(g) |
Section 7701 establishes the general purpose of suspension and revocation proceedings, which is to promote safety at sea. This section also provides the Secretary with the authority to suspend or revoke licenses, certificates, and documents, as well as the authority to issue a new license, certificate or document to an individual when the issuance is compatible with the requirements of good discipline and safety at sea. It also provides for necessary regulatory authority to carry out its purposes.
Editorial Notes
Amendments
1990—Subsec. (c).
Statutory Notes and Related Subsidiaries
Effective Date of 1990 Amendment
Amendment by
§7702. Administrative procedure
(a)
(b) The individual whose license, certificate of registry, or merchant mariner's document has been suspended or revoked under this chapter may appeal, within 30 days, the suspension or revocation to the Secretary.
(c)(1) The Secretary shall request a holder of a license, certificate of registry, or merchant mariner's document to make available to the Secretary, under
(2) The Secretary shall require the testing of the holder of a license, certificate of registry, or merchant mariner's document for use of alcohol and dangerous drugs in violation of law or Federal regulation. The testing may include preemployment (with respect to dangerous drugs only), periodic, random, and reasonable cause testing, and shall include post-accident testing.
(d)(1) The Secretary may temporarily, for not more than 45 days, suspend and take possession of the license, certificate of registry, or merchant mariner's document held by an individual if—
(A) that individual performs a safety sensitive function on a vessel, as determined by the Secretary; and
(B) there is probable cause to believe that the individual—
(i) has, while acting under the authority of that license, certificate, or document, performed the safety sensitive function in violation of law or Federal regulation regarding use of alcohol or a dangerous drug;
(ii) has been convicted of an offense that would prevent the issuance or renewal of the license, certificate, or document;
(iii) within the 3-year period preceding the initiation of a suspension proceeding, has been convicted of an offense described in section 30304(a)(3)(A) or (B) of title 49; or
(iv) is a security risk that poses a threat to the safety or security of a vessel or a public or commercial structure located within or adjacent to the marine environment.
(2) If a license, certificate, or document is temporarily suspended under this section, an expedited hearing under subsection (a) of this section shall be held within 30 days after the temporary suspension.
(
| Revised section | Source section (U.S. Code) |
|---|---|
| 7702 | .............................................. |
Section 7702(a) provides that
Subsection (b) allows an individual whose license, certificate, or document has been suspended or revoked to appeal it to the Secretary within 30 days.
Editorial Notes
References in Text
Section 205(a)(3)(A) or (B) of that Act, referred to in subsec. (c)(1), means section 205(a)(3)(A), (B) of the National Driver Register Act of 1982,
Amendments
2018—Subsec. (c)(1).
2004—Subsec. (d)(1).
Subsec.(d)(1)(B)(i).
Subsec. (d)(1)(B)(iii).
Subsec. (d)(1)(B)(iv).
1998—Subsec. (c)(2).
1990—Subsecs. (c), (d).
1985—Subsec. (a).
Statutory Notes and Related Subsidiaries
Effective Date of 1990 Amendment
Amendment by
1 See References in Text note below.
§7703. Bases for suspension or revocation
A license, certificate of registry, or merchant mariner's document issued by the Secretary may be suspended or revoked if the holder—
(1) when acting under the authority of that license, certificate, or document—
(A) has violated or fails to comply with this subtitle, a regulation prescribed under this subtitle, or any other law or regulation intended to promote marine safety or to protect navigable waters; or
(B) has committed an act of misconduct or negligence;
(2) is convicted of an offense that would prevent the issuance or renewal of a license, certificate of registry, or merchant mariner's document;
(3) within the 3-year period preceding the initiation of the suspension or revocation proceeding is convicted of an offense described in section 30304(a)(3)(A) or (B) of title 49;
(4) has committed an act of incompetence relating to the operation of a vessel; or
(5) is a security risk that poses a threat to the safety or security of a vessel or a public or commercial structure located within or adjacent to the marine environment.
(
| Revised section | Source section (U.S. Code) |
|---|---|
| 7703 | 46:226 46:239 46:240 46:246(c) |
This section provides the bases for suspension and revocation of a license, certificate or document. The individual must have been operating under the authority of the required license, certificate, or document and has violated a law or regulation intended to promote marine safety or to protect the navigable waters or has committed an act of incompetence, misconduct, or negligence.
Editorial Notes
Amendments
2006—Par. (3).
2004—Par. (1)(B).
Par. (3).
Pars. (4), (5).
1990—
"(1) has violated or failed to comply with this subtitle, a regulation prescribed under this subtitle, or any other law or regulation intended to promote marine safety or to protect navigable waters.
"(2) has committed an act of incompetence, misconduct, or negligence."
1985—
Statutory Notes and Related Subsidiaries
Effective Date of 1990 Amendment
Amendment by
§7704. Dangerous drugs as grounds for revocation
(a) If it is shown at a hearing under this chapter that a holder of a license, certificate of registry, or merchant mariner's document issued under this part, within 10 years before the beginning of the proceedings, has been convicted of violating a dangerous drug law of the United States or of a State, the license, certificate, or document shall be suspended or revoked.
(b) If it is shown that a holder has been a user of, or addicted to, a dangerous drug, the license, certificate of registry, or merchant mariner's document shall be revoked unless the holder provides satisfactory proof that the holder is cured.
(
| Revised section | Source section (U.S. Code) |
|---|---|
| 7704(a) | 46:239a(a) |
| 7704(b) | 46:239b(b)(1) |
| 7704(c) | 46:239b(b)(2) |
Section 7704 requires the Secretary to revoke the license, certificate, or document of any individual who has been convicted of a dangerous drug law within 10 years before the beginning of the suspension or revocation procedures. This section has expanded current law to incorporate violations involving "controlled substances" which are not narcotic. This includes PCP and LSD. Unless it can be done under existing law, the suspension or revocation of an individual's license based on the use of a "controlled substance" only applies to the use or conviction after the date of enactment of this Act.
This section also provides that anyone who has been a user of or addicted to a dangerous drug since July 14, 1954, may be subjected to revocation procedures unless the individual provides satisfactory proof of being cured.
In sections 7503(b)(2) and 7704(c), the term "use", when applying to "narcotic drugs" or "controlled substances", is not intended to include the use of "off the shelf" drugs or drugs acquired with a prescription lawfully issued by a medical doctor, as long as the drugs are used by the individual in the recommended amounts and the drugs will not impair the individual's ability to perform duties.
Editorial Notes
Amendments
2018—Subsecs. (a) to (c).
2004—Subsec. (b).
1990—Subsec. (a).
1985—Subsec. (b).
Subsec. (c).
Statutory Notes and Related Subsidiaries
Effective Date of 1990 Amendment
Amendment by
§7704a. Sexual harassment or sexual assault as grounds for suspension or revocation
(a)
(b)
(c)
(1)
(A) a legal proceeding or agency finding or decision that determines the individual committed sexual harassment or sexual assault in violation of any Federal, State, local, or Tribal law or regulation; or
(B) a determination after an investigation by the Coast Guard that, by a preponderance of the evidence, the individual committed sexual harassment or sexual assault if the investigation affords appropriate due process rights to the subject of the investigation.
(2)
(A)
(B)
(Added
§7705. Subpenas and oaths
(a) An official designated to investigate or preside at a hearing on matters that are grounds for suspension or revocation of licenses, certificates of registry, and merchant mariners' documents may administer oaths and issue subpenas to compel the attendance and testimony of witnesses and the production of records or other evidence during investigations and at hearings.
(b) The jurisdictional limits of a subpena issued under this section are the same as, and are enforceable in the same manner as, subpenas issued under
(
| Revised section | Source section (U.S. Code) |
|---|---|
| 7705 | 46:239(e) |
Section 7705 allows officials designated to investigate or preside at hearings on matters that are grounds for suspension and revocation proceedings to administer oaths and issue subpenas.
Editorial Notes
Amendments
1985—Subsec. (a).
§7706. Drug testing reporting
(a)
(b)
(c)
(Added
Editorial Notes
References in Text
Section 503(e) of the Supplemental Appropriations Act, 1987, referred to in subsec. (c), is section 503(e) of
Amendments
2018—Subsec. (a).
2014—Subsec. (a).
Subsec. (c).