
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 46USC7702]

 
                           TITLE 46--SHIPPING
 
                     Subtitle II--Vessels and Seamen
 
      Part E--Merchant Seamen Licenses, Certificates, and Documents
 
                  CHAPTER 77--SUSPENSION AND REVOCATION
 
Sec. 7702. Administrative procedure

    (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 mariner's document.
    (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 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 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, when acting under 
the authority of that license, certificate, or document--
        (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 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; or
            (iii) within the 3-year period preceding the initiation of a 
        suspension proceeding, has been convicted of an offense 
        described in section 205(a)(3)(A) or (B) of the National Driver 
        Register Act of 1982.

    (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, 
Sec. 1(a)(3), May 15, 1985, 99 Stat. 67; Pub. L. 101-380, title IV, 
Sec. 4103(a)(1), Aug. 18, 1990, 104 Stat. 510; Pub. L. 105-383, title 
III, Sec. 304(a), Nov. 13, 1998, 112 Stat. 3419.)

                      Historical and Revision Notes
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          Revised section                Source section (U.S. Code)
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7702..............................  ....................................
                                     ..........
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    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 subsecs. (c)(1) and (d)(1)(B)(iii), 
are sections 205(a)(3)(A), (B) and 206(b)(4) of Pub. L. 97-364, which 
are set out as a note under section 401 of Title 23, Highways.


                               Amendments

    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 ``mariner's'' 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.
