[Code of Federal Regulations]
[Title 46, Volume 1]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 46CFR5.901]

[Page 68]
 
                           TITLE 46--SHIPPING
 
         CHAPTER I--COAST GUARD, DEPARTMENT OF HOMELAND SECURITY
 
PART 5_MARINE INVESTIGATION REGULATIONS_PERSONNEL ACTION--Table of
 
  Subpart L_Issuance of New Licenses, Certificates or Documents After 
                         Revocation or Surrender
 
Sec. 5.901  Time limitations.


    (a) Any person whose license, certificate or document has been 
revoked or surrendered for one or more of the offenses described in 
Sec. 5.59 and Sec. 5.61(a) may, three years after compliance with the 
Administrative Law Judge's decision and order or the date of voluntary 
surrender, apply for the issuance of a new license, certificate or 
document.
    (b) The three year time period may be waived by the Commandant upon 
a showing by the individual that, since the occurrence upon which the 
revocation or surrender was based, the individual has demonstrated his 
good character in the community for a period exceeding three years.
    (c) Any person whose license, certificate or document has been 
revoked or surrendered for one or more offenses which are not 
specifically described in Sec. Sec. 5.59 or 5.61(a) may, after one 
year, apply for the issuance of a new license, certificate or document.
    (d) For a person whose license, certificate, or document has been 
revoked or surrendered for the wrongful simple possession or use of 
dangerous drugs, the three year time period may be waived by the 
Commandant upon a showing that the individual:
    (1) Has successfully completed a bona fide drug abuse rehabilitation 
program;
    (2) Has demonstrated complete non-association with dangerous drugs 
for a minimum of one year following completion of the rehabilitation 
program and;
    (3) Is actively participating in a bona fide drug abuse monitoring 
program.
    (e) For a person whose license, certificate or document has been 
revoked or surrendered for offenses related to alcohol abuse, the 
waiting period may be waived by the Commandant upon a showing that the 
individual has successfully completed a bona fide alcohol abuse 
rehabilitation program and is actively participating in a bona fide 
alcohol abuse monitoring program.
    (f) The waivers specified under subparagraphs (d) or (e) of this 
section may only be granted once to each person.

[CGD 82-002, 50 FR 32184, Aug. 9, 1985, as amended by CGD 84-099, 52 FR 
47535, Dec. 14, 1987]