[Code of Federal Regulations]
[Title 46, Volume 1]
[Revised as of October 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 46CFR5.715]

[Page 63]
 
                           TITLE 46--SHIPPING
 
         CHAPTER I--COAST GUARD, DEPARTMENT OF HOMELAND SECURITY
 
PART 5--MARINE INVESTIGATION REGULATIONS--PERSONNEL ACTION--Table of Contents
 
                           Subpart J--Appeals
 
Sec. 5.715  Stay of effect of Decision of the Commandant on Appeal: Temporary 
document and/or license pending appeal to National Transportation Safety Board.

    (a) A Decision of the Commandant on Appeal affirming an order of 
revocation, except a revocation resulting from an offense enumerated 
under Sec. 5.59 or suspension that is not placed entirely on probation, 
which is appealed to the National Transportation Safety Board, may be 
stayed if, in the Commandant's opinion, the service of the appellant on 
board a vessel at that time or for the indefinite future would be 
compatible with the requirements of safety at sea and consistent with 
applicable laws. If one of the offenses enumerated in Sec. 5.61(a) has 
been found proved, the continued service of the appellant will be 
presumed not compatible with safety at sea, subject to rebuttal by the 
appellant; in cases of offenses under Sec. 5.61(a), a temporary document 
or license may be denied for that reason alone.
    (b) A stay of the effect of the Decision of the Commandant on Appeal 
may be granted by the Commandant upon application by the respondent 
filed with the notice served on the Commandant under 49 CFR 825.5(b).
    (c) An Officer in Charge, Marine Inspection, on presentation of an 
original stay order, issues a temporary document and/or license as 
specified in the stay order. This document is effective for not more 
than six months, renewable until such time as the National 
Transportation Safety Board has completed its review.

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