33 U.S.C. § 923 — Procedure before deputy commissioner or Board
submitted 99 years ago by ch. 509 to r/title-33-NAVIGATION-AND-NAVIGABLE-WATERS · 172 words · no verdicts yet
This section gives deputy commissioners and the Board flexible procedures for investigations and hearings and requires admission of corroborated statements by deceased employees about an injury. It also requires public, stenographically reported hearings and records.
(a) When investigating, making an inquiry, or holding a hearing, the deputy commissioner* or Board* is not bound by common-law or statutory evidence rules or by technical or formal procedure rules, except as this chapter provides. The deputy commissioner or Board may investigate, inquire, or hold the hearing in the way that best determines the parties’ rights. Statements by a deceased employee* about the injury* being investigated or inquired into, or involved in the hearing, must be admitted as evidence. If other evidence confirms them, they are enough to establish the injury.
(b) Hearings before a deputy commissioner or the Board must be open to the public and reported by a stenographer. Subject to the Secretary’s approval, the deputy commissioners or Board may contract for reporting those hearings. The Secretary* must issue regulations providing for a record of hearings and other proceedings before the deputy commissioners or Board. This section does not define “best ascertain” or “corroborated.”
In making an investigation or inquiry or conducting a hearing the deputy commissioner* or Board* shall not be bound by common law or statutory rules of evidence or by technical or formal rules of procedure, except as provided by this chapter; but may make such investigation or inquiry or conduct such hearing in such manner as to best ascertain the rights of the parties. Declarations of a deceased employee* concerning the injury* in respect of which the investigation or inquiry is being made or the hearing conducted shall be received in evidence and shall, if corroborated by other evidence, be sufficient to establish the injury.
Hearings before a deputy commissioner or Board shall be open to the public and shall be stenographically reported, and the deputy commissioners or Board, subject to the approval of the Secretary*, are authorized to contract for the reporting of such hearings. The Secretary shall by regulation provide for the preparation of a record of the hearings and other proceedings before the deputy commissioners or Board.
Source credit: (Mar. 4, 1927, ch. 509, § 23, 44 Stat. 1437; Pub. L. 92–576, § 15(e), Oct. 27, 1972, 86 Stat. 1262; Pub. L. 98–426, § 27(a)(2), Sept. 28, 1984, 98 Stat. 1654.)
- 1927Enacted · Act of Mar. 4, 1927, ch. 509 · 44 Stat. 1437
- 1972Amended · Pub. L. 92-576 · 86 Stat. 1262
- 1984Amended · Pub. L. 98-426 · 98 Stat. 1654
A history note hasn’t been published yet. The record shows enactment by ch. 509 on 1927-03-04.
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