
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 46USC6303]

 
                           TITLE 46--SHIPPING
 
                     Subtitle II--Vessels and Seamen
 
                        Part D--Marine Casualties
 
               CHAPTER 63--INVESTIGATING MARINE CASUALTIES
 
Sec. 6303. Rights of parties in interest

    In an investigation conducted under this chapter, the following 
shall be allowed to be represented by counsel, to cross-examine 
witnesses, and to call witnesses:
        (1) an owner,
        (2) any holder of a license or certificate of registry,
        (3) any holder of a merchant mariner's document,
        (4) any other person whose conduct is under investigation, and
        (5) any other party in interest.

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 537.)

                      Historical and Revision Notes
------------------------------------------------------------------------
          Revised section                Source section (U.S. Code)
------------------------------------------------------------------------
6303..............................  46:239(d)
------------------------------------------------------------------------

    Section 6303 provides for the rights of parties in interest to an 
investigation by allowing them to be represented by counsel, to cross 
examine witnesses, and to call witnesses. This section merely states the 
rights of a party in interest but does not necessarily determine who is 
to be considered a party in interest. Clause (4) states that these 
rights are to be afforded to ``any other person whose conduct is under 
investigation'' (emphasis added). This implies that clauses (1) through 
(3) apply to individuals whose conduct is under investigation. If any 
individual does not qualify for these rights under clauses (1) through 
(4), that individual can still be entitled to these rights under clause 
(5), if designated as a party in interest. Since parties in interest are 
not clearly set out by statute, the Secretary has the authority to do 
this by regulation under section 6301. Thus the rights of these parties 
as presently provided for in existing law have been retained.
