[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: 33CFR52.26]



[Page 129-130]

 

                TITLE 33--NAVIGATION AND NAVIGABLE WATERS

 

         CHAPTER I--COAST GUARD, DEPARTMENT OF HOMELAND SECURITY

 

PART 52_BOARD FOR CORRECTION OF MILITARY RECORDS OF THE COAST GUARD

--Table of Contents

 

           Subpart C_General Provisions Regarding Applications

 

Sec. 52.26  Right to timely decision; effect of requests for extensions, 

changes in requests for relief, and late submissions of evidence.



    (a) Each applicant has a right to have final action taken on his or 

her application within 10 months after all the elements of a complete 

application, as defined in Sec. 52.21(c), have been received by the 

Board, unless the applicant:

    (1) Submits a written request, which is granted by the Chair, for an 

extension of a specific duration to seek counsel or additional evidence;

    (2) Submits a written request, which is granted by the Chair, for an 

extension of the time provided for responding to the views of the Coast 

Guard in accordance with Sec. 52.42(d);

    (3) Submits a signed statement that is determined by the Chair to 

significantly amend the applicant's request for relief after the 

application has been docketed;

    (4) Submits significant new evidence, as determined by the Chair, 

after the application has been docketed; or

    (5) Is found by the Chair to have unreasonably delayed responding to 

a request for further information or evidence.

    (b) If the applicant requests an extension in accordance with 

paragraphs (a)(1) or (a)(2) of this section or unreasonably delays 

responding to a request for further information or evidence in 

accordance with paragraph (a)(5) of this section, he or she shall have a



[[Page 130]]



right to have final action taken on the application for correction 

within 10 months of the application's completion plus all periods of 

extension granted to the applicant by the Chair and all periods of 

unreasonable delay.

    (c) If the applicant significantly amends his or her request for 

relief or submits significant new evidence after the application has 

been docketed, in accordance with paragraphs (a)(3) or (a)(4) of this 

section, the application shall be considered newly complete as of the 

date the amended request for relief or new evidence is received, in 

which case the applicant shall have a right to have final action taken 

on the application within 10 months of the date the Board receives the 

amended request for relief or significant new evidence.