14 U.S.C. § 2162 — Rights and procedures
submitted 63 years ago by Pub. L. 88-130 to r/title-14-COAST-GUARD · 162 words · no verdicts yet
An officer facing possible removal must receive advance written reasons, time to prepare, representation rights, and access to relevant records. Records may be withheld for national security, but a permitted summary must then be provided.
An officer being considered for removal under section 2159 must be (1) told in writing at least 30 days before the hearing why the officer must show cause for retention; (2) given reasonable preparation time set by the board under the Secretary's regulations; (3) allowed to appear personally and with counsel; and (4) given full access to, and copies of, relevant records at every stage. The board must withhold records the Secretary* decides should be withheld for national security. When records are withheld, the officer must receive a summary to the extent national security permits.
Each officer under consideration for removal under section 2159 of this title shall be—
notified in writing at least thirty days before the hearing of the case by a board of inquiry of the reasons for which the officer is being required to show cause for retention;
allowed reasonable time, as determined by the board of inquiry under regulations of the Secretary*, to prepare his defense;
allowed to appear in person and by counsel at proceedings before a board of inquiry; and
allowed full access to, and furnished copies of, records relevant to the case at all stages of the proceeding, except that a board shall withhold any records that the Secretary determines should be withheld in the interests of national security. In any case where any records are withheld under this clause, the officer whose case is under consideration shall, to the extent that the national security permits, be furnished a summary of the records so withheld.
Source credit: (Added Pub. L. 88–130, § 1(10)(C), Sept. 24, 1963, 77 Stat. 188, § 325; renumbered § 2162 and amended Pub. L. 115–282, title I, §§ 112(b), 123(b)(2), Dec. 4, 2018, 132 Stat. 4216, 4240.)
- 1963Enacted · Pub. L. 88-130 · 77 Stat. 188
- 2018Amended · Pub. L. 115-282 · 132 Stat. 4216, 4240
A history note hasn’t been published yet. The record shows enactment by Pub. L. 88-130 on 1963-09-24.
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