[Code of Federal Regulations]

[Title 33, Volume 1]

[Revised as of July 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 33CFR49.01-10]



[Page 118]

 

                TITLE 33--NAVIGATION AND NAVIGABLE WATERS

 

         CHAPTER I--COAST GUARD, DEPARTMENT OF HOMELAND SECURITY

 

PART 49_PAYMENT OF AMOUNTS DUE MENTALLY INCOMPETENT COAST GUARD PERSONNEL

--Table of Contents

 

                    Subpart 49.01_General Provisions

 

Sec. 49.01-10  Determination of incompetency.



    After examining the legitimacy, substance, and sufficiency of the 

application, the Commandant shall either (a) direct the Commanding 

Officer of the alleged mentally incompetent, (b) the Commanding Officer 

of the Coast Guard unit to which such incompetent may be conveniently 

referred, or (c) request the Surgeon General of the Public Health 

Service to convene or appoint, at the Public Health Hospital or 

facility, where the alleged incompetent is receiving treatment or to 

which his case may be conveniently referred, a board of not less than 

three qualified medical officers, one of whom shall be specially 

qualified in the treatment of mental disorders, to determine whether the 

alleged incompetent is capable of managing his own affairs. The record 

of proceedings, and the findings of the board shall, after action by the 

Convening or Appointive Authority thereon, be forwarded to the 

Commandant.