Statutory Text

46 U.S.C. § 7704a — Sexual harassment or sexual assault as grounds for suspension or revocation

U.S.C. Title 46 - SHIPPING 46 U.S.C. United States Code, 2023 Edition Title 46 - SHIPPING Subtitle II - Vessels and Seamen Part E - Merchant Seamen Licenses, Certificates, and Documents CHAPTER 77 - SUSPENSION AND REVOCATION Sec. 7704a - Sexual harassment or sexual assault as grounds for suspension or revocation From the U.S. Government Publishing Office, www.gpo.gov

§7704a. Sexual harassment or sexual assault as grounds for suspension or revocation

(a) Sexual Harassment.—If it is shown at a hearing under this chapter that a holder of a license, certificate of registry, or merchant mariner's document issued under this part, within 5 years before the beginning of the suspension and revocation proceedings, is the subject of an official finding of sexual harassment, then the license, certificate of registry, or merchant mariner's document may be suspended or revoked. (b) Sexual Assault.—If it is shown at a hearing under this chapter that a holder of a license, certificate of registry, or merchant mariner's document issued under this part, within 10 years before the beginning of the suspension and revocation proceedings, is the subject of an official finding of sexual assault, then the license, certificate of registry, or merchant mariner's document shall be revoked. (c) Official Finding.— (1) In general.—In this section, the term "official finding" means— (A) a legal proceeding or agency finding or decision that determines the individual committed sexual harassment or sexual assault in violation of any Federal, State, local, or Tribal law or regulation; or (B) a determination after an investigation by the Coast Guard that, by a preponderance of the evidence, the individual committed sexual harassment or sexual assault if the investigation affords appropriate due process rights to the subject of the investigation.

(2) Administrative law judge review.— (A) Coast guard investigation.—A determination under paragraph (1)(B) shall be reviewed and affirmed by an administrative law judge within the same proceeding as any suspension or revocation of a license, certificate of registry, or merchant mariner's document under subsection (a) or (b). (B) Legal proceeding.—A determination under paragraph (1)(A) that an individual committed sexual harassment or sexual assault is conclusive in suspension and revocation proceedings.

(Added Pub. L. 117–263, div. K, title CXVI, §11603(a), Dec. 23, 2022, 136 Stat. 4147.)

Source: uscode.house.gov — public domain Official Source ↗

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◈ Machine-Readable Provenance Record Root-LD v1.0 · boisestandard.org

Federation ID

BS-USC46-SEC-DAD6AC

Entity Class

STATUTE / FEDERAL-CODE-SECTION

Domain Signature

boisestandard.org

Citation

46 U.S.C. § 7704a

Jurisdiction

Federal — United States

Status

✓ ACTIVE

Source

PRIMARY-SOURCE

Source Verified

✓ TRUE

Content Hash

20f97f88d1dbe106...

Semantic Edges

Pending — corpus passes queued

The statutory text of 46 U.S.C. § 7704a is reproduced from the official United States Code as published by the Office of the Law Revision Counsel of the U.S. House of Representatives (uscode.house.gov).

Navigate Corpus — Title 46

← 46 U.S.C. § 7704 46 U.S.C. § 7705 →

Ch. 77 — SUSPENSION AND REVOCATION

46 U.S.C. § 7701 46 U.S.C. § 7702 46 U.S.C. § 7703 46 U.S.C. § 7704 46 U.S.C. § 7704a 46 U.S.C. § 7705 46 U.S.C. § 7706

46 U.S.C. — public domain ← All Legislation