[Code of Federal Regulations]
[Title 33, Volume 2]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 33CFR125.41]

[Page 13]
 
                TITLE 33--NAVIGATION AND NAVIGABLE WATERS
 
   CHAPTER I--COAST GUARD, DEPARTMENT OF HOMELAND SECURITY (CONTINUED)
 
PART 125--IDENTIFICATION CREDENTIALS FOR PERSONS REQUIRING ACCESS TO 
WATERFRONT FACILITIES OR VESSELS--Table of Contents
 
Sec. 125.41  Challenges.

    Within five days after receipt of the notice described in Sec. 
125.39 the applicant or holder may request disqualification of any 
member of the Hearing Board on the grounds of personal bias or other 
cause. The request shall be accompanied by an affidavit setting forth in 
detail the facts alleged to constitute grounds for disqualification. The 
affidavit may be supplemented by an oral presentation if desired. If 
after due consideration the Chairman believes a challenged member is 
qualified notwithstanding the challenge, he shall notify the person who 
made the challenge and arrange to proceed with the hearing. If the 
person who made the challenge takes exception to the ruling of the 
Chairman, the exception and data relating to the claim of 
disqualification shall be made a matter of record. If the Chairman finds 
that there is reasonable ground for disqualification he shall furnish 
the person who made the challenge with the name of an alternate in lieu 
of the challenged member and arrange to proceed with the hearing. In the 
event the Chairman is challenged, he shall forthwith notify the 
Commandant, furnishing the grounds for the claim of disqualification, 
and the Commandant shall act upon the challenge in accordance with the 
foregoing procedure. In addition to the right to challenge for cause, a 
person who has requested a hearing shall have two per emptory 
challenges, one challenge for the management member and one challenge 
for the labor member of the Hearing Board. Should the management member 
be so challenged, the person who made the challenge may elect to have 
the management member replaced by another management member or by a 
member not representing either management or labor; if the member 
peremptorily challenged represents labor, the person who made the 
challenge may elect to have the labor member replaced by another labor 
member or by a member not representing either management or labor.