
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC7726]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle C--Navy and Marine Corps
 
                     PART IV--GENERAL ADMINISTRATION
 
                CHAPTER 657--STAY OF JUDICIAL PROCEEDINGS
 
Sec. 7726. Reconsideration of stay

    (a) A claimant or party who considers himself adversely affected by 
a stay under this chapter may serve a written notice on the Secretary of 
the Navy at Washington, D.C., requesting him to reconsider the stay 
previously issued and to issue a new certificate. The notice shall 
identify the stay by means of an attached copy of the certificate of the 
Secretary or a sufficient description of the stay. The notice may not 
contain any recital of the facts or circumstances involved.
    (b) Within ten days after receiving notice under this section, the 
Secretary or his designee shall hold a secret meeting at which the 
claimant or party, or his representative, may present any facts and 
arguments he thinks material.
    (c) Within ten days after a hearing under this section, the 
Secretary shall file with the court that ordered the stay a new 
certificate stating whether the stay is then to be terminated or for 
what period the stay is to continue in effect. If the Secretary fails to 
file a new certificate, the court, upon application by the claimant or 
party, shall issue an order directing the Secretary to file a new 
certificate within a specified time.

(Aug. 10, 1956, ch. 1041, 70A Stat. 485.)

                                          Historical and Revision Notes
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---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
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---------------------------------
7726(a)...............................  46 U.S.C. 794 (2d, 3d, and 4th       Ju
ly 3, 1944, ch. 399, Sec.  4 (2d,
                                         sentences).                          3
d, and 4th sentences), 58 Stat.
                                                                              7
24.
7726(b)...............................  46 U.S.C. 794 (5th sentence).        Ju
ly 3, 1944, ch. 399, Sec.  4 (5th
                                                                              s
entence), 58 Stat. 724.
7726(c)...............................  46 U.S.C. 794 (6th and 7th           Ju
ly 3, 1944, ch. 399, Sec.  4 (6th
                                         sentences).                          a
nd 7th sentences), 58 Stat. 724.
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---------------------------------

    In subsection (a) the words ``then in effect'', ``upon which the 
stay is based'', and ``for its identification'' are omitted as 
surplusage.
    In subsection (b) the words ``with respect to whether or not a stay 
should be issued or maintained'' are omitted as surplusage. The words 
``his designee'' are substituted for the words ``some official 
designated by him'' for brevity.
    In subsection (c) the words ``that ordered the stay'' are 
substituted for the words ``in which said stay is pending or the court 
in which the proceeding stayed was instituted'' for brevity and clarity.

                  Section Referred to in Other Sections

    This section is referred to in section 7727 of this title.
