[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: 33CFR50.4]



[Page 121]

 

                TITLE 33--NAVIGATION AND NAVIGABLE WATERS

 

         CHAPTER I--COAST GUARD, DEPARTMENT OF HOMELAND SECURITY

 

PART 50_COAST GUARD RETIRING REVIEW BOARD--Table of Contents

 

Sec. 50.4  Presentation of case.



    (a) The applicant may present his case:

    (1) Solely by written application, or by written application 

together with any additional written evidence or argument that he may 

desire to submit;

    (2) At a hearing before the Board.

    (b) The case of an applicant may be presented by his counsel. The 

term ``counsel'' includes members of the bar in good standing, 

accredited representatives of veterans' organizations recognized by the 

Veterans' Administration under section 200 of the act of June 29, 1936 

(49 Stat. 2031, 38 U. S. C. 101), and any other person approved by the 

Board.

    (c) If an applicant signifies a desire to present his case at a 

hearing, the Board will give him written notice of the place of his 

hearing, and of the time, which shall be at least thirty days after the 

time of mailing the notice.

    (d) The Board may, upon its own motion or at the request of the 

applicant or his counsel, grant a continuance whenever it appears 

necessary, in the judgment of the Board, in order to insure a thorough, 

complete and equitable hearing.

    (e) The case of any applicant who fails to appear, either in person 

or by counsel, after being duly notified of the time and place of the 

hearing will be decided upon the written application and such other 

evidence as is available to the Board.

    (f) As far as practicable the hearings of the Board will be 

conducted in accordance with the pertinent instructions contained in 

Coast Guard Boards, 1935, as amended, except that:

    (1) Physical examination of the applicant is not mandatory, but the 

Board may request that he submit to physical examination by physicians 

of the Board's choice in any case in which it appears to the 

satisfaction of the Board to be essential;

    (2) The medical members of the Board will not submit a report and 

will not be subject to examination.

    (g) Evidence may be submitted to the Board by oral testimony under 

oath, or in the form of depositions or affidavits. Witnesses appearing 

before the Board will be subject to examination or cross-examination, as 

the case may be, by members of the Board and the applicant or his 

counsel.

    (h) The Board will consider all available service records and all 

matter adduced by the applicant that bears upon the merits of the case. 

It will not be restricted by the rules of evidence.

    (i) Classified matter of the Coast Guard will not be made available 

to an applicant or his counsel. The Board will, when it deems it 

necessary in the interest of justice and compatible with the public 

interest, make available a summary of relevant classified matter.

    (j) The Government will not assume or pay any expenses incurred by 

an applicant, or by his witnesses or counsel.



[10 FR 5650, May 17, 1945. Redesignated at 13 FR 7303, Nov. 30, 1948]