46-U.S.C.-7702
§7702 – Administrative Procedure
Pathway
Title 46 > Subtitle II > Part E > Chapter 77 > Section 7702
Details
- Reference: Section 7702
- Legend: §7702 – Administrative Procedure
- USCode Year: 2013
Provision Content
(a) Sections 551–559 of title 5 apply to each hearing under this chapter about suspending or revoking a license, certificate of registry, or merchant mariners document.
(b) The individual whose license, certificate of registry, or merchant mariners 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 mariners document to make available to the Secretary, under section 206(b)(4) of the National Driver Register Act of 1982 (23 U.S.C. 401 note), all information contained in the National Driver Register related to an offense described in section 205(a)(3)(A) or (B) of that Act committed by the individual.
(2) The Secretary shall require the testing of the holder of a license, certificate of registry, or merchant mariners 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 mariners 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.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 546; Pub. L. 99–36, §1(a)(3), May 15, 1985, 99 Stat. 67; Pub. L. 101–380, title IV, §4103(a)(1), Aug. 18, 1990, 104 Stat. 510; Pub. L. 105–383, title III, §304(a), Nov. 13, 1998, 112 Stat. 3419; Pub. L. 108–293, title IV, §407, title VI, §609(2), Aug. 9, 2004, 118 Stat. 1044, 1058.)
| Revised section | Source section (U.S. Code) |
|---|---|
| 7702 | ………………………………………. |
Section 7702(a) provides that Sections 551–559 of title 5 of the United States Code shall apply to each involving the suspension or revocation of a license, certificate, or document.
Subsection (b) allows an individual whose license, certificate, or document has been suspended or revoked to appeal it to the Secretary within 30 days.
References in Text
Sections 205(a)(3)(A) or (B) and 206(b)(4) of the National Driver Register Act of 1982, referred to in subsec. (c)(1), are sections 205(a)(3)(A), (B) and 206(b)(4) of Pub. L. 97–364, which were set out in a note under section 401 of Title 23, Highways, and were repealed and restated in sections 30304 and 30305 of Title 49, Transportation, by Pub. L. 103–272, §§1(e), 7(b), July 5, 1994, 108 Stat. 862, 1379.
Amendments
2004—Subsec. (d)(1). Pub. L. 108–293, §407(1), substituted if— for if, when acting under the authority of that license, certificate, or document— in introductory provisions.
Subsec.(d)(1)(B)(i). Pub. L. 108–293, §407(2), inserted , while acting under the authority of that license, certificate, or document, after has.
Subsec. (d)(1)(B)(iii). Pub. L. 108–293, §609(2), substituted section 30304(a)(3)(A) or (B) of title 49 for section 205(a)(3)(A) or (B) of the National Driver Register Act of 1982.
Subsec. (d)(1)(B)(iv). Pub. L. 108–293, §407(3)–(5), added cl. (iv).
1998—Subsec. (c)(2). Pub. L. 105–383 inserted second sentence and struck out former second sentence which read as follows: The testing may include preemployment (with respect to dangerous drugs only), periodic, random, reasonable cause, and post accident testing.
1990—Subsecs. (c), (d). Pub. L. 101–380 added subsecs. (c) and (d).
1985—Subsec. (a). Pub. L. 99–36 substituted mariners for mariners’ .
Effective Date of 1990 Amendment
Amendment by Pub. L. 101–380 applicable to incidents occurring after Aug. 18, 1990, see section 1020 of Pub. L. 101–380, set out as an Effective Date note under section 2701 of Title 33, Navigation and Navigable Waters.
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