[Code of Federal Regulations]
[Title 46, Volume 1]
[Revised as of Octobery 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 46CFR5.205]

[Page 59-60]
 
                           TITLE 46--SHIPPING
 
         CHAPTER I--COAST GUARD, DEPARTMENT OF HOMELAND SECURITY
 
PART 5_MARINE INVESTIGATION REGULATIONS_PERSONNEL ACTION--Table of Contents
 
   Subpart E_Deposit or Surrender of License, Certificate or Document
 
Sec. 5.205  Return or issuance of a license, certificate of registry, or 
merchant mariners document.

    (a) A person may request the return of a voluntarily deposited 
license, certificate, or document at any time, provided he or she can 
demonstrate a satisfactory rehabilitation or cure of the condition which 
caused the incompetence; has complied with any other conditions of the 
written agreement executed at the time of deposit; and complies with the 
physical and professional requirements for issuance of a license, 
certificate, or document.
    (b) Where the voluntary deposit is based on incompetence due to drug 
abuse, the deposit agreement shall provide that the license, 
certificate, or document will not be returned until the person:
    (1) Successfully completes a bona fide drug abuse rehabilitation 
program;
    (2) Demonstrates complete non-association with dangerous drugs for a 
minimum of six months after completion of the rehabilitation program; 
and
    (3) Is actively participating in a bona fide drug abuse monitoring 
program.
    (c) Where the voluntary deposit is based on incompetence due to 
alcohol abuse, the deposit agreement shall provide that the license, 
certificate, or document will not be returned until the person:
    (1) Successfully completes a bona fide alcohol abuse rehabilitation 
program; and
    (2) Is actively participating in a bona fide alcohol abuse 
monitoring program.
    (d) The voluntary surrender of a license, certificate, or document 
is the

[[Page 60]]

equivalent of revocation of such papers. A holder who voluntarily 
surrenders a license, certificate, or document must comply with 
provisions of Sec. Sec. 5.901 and 5.903 when applying for the issuance 
of a new license, certificate, or document.

[CGD 84-099, 52 FR 47535, Dec. 14, 1987]