Public Law 75–536

That section 4450 of the Revised Statutes of the United States, as amended by the Act of May 27, 1936 (49 Stat. 1380, 1383; U. S. C., 1934 edition, title 46, sec. 239), is amended by inserting in the third sentence of paragraph (g) of said section the words “suspended or”, after the word “is” and before the word “revoked”, so that the said paragraph (g) of said section, when amended, shall read as follows:

“(g)“(g)

In any investigation of acts of incompetency or misconduct or of any act in violation of the provisions of this title, or of any of the regulations issued thereunder, committed by any licensed officer

Notice to accused, hearing, etc.

or any holder of a certificate of service, the person whose conduct is under investigation shall be given reasonable notice of the time, place, and subject of such investigation and an opportunity to be

Determination of guilt by Director.

heard in his own defense. The whole record of the testimony received by the board conducting such investigation and the findings and recommendations of such board shall be forwarded to the Director of the Bureau of Marine Inspection and Navigation, and if that officer shall find that such licensed officer or holder of certificate of service is incompetent or has been guilty of misbehavior, negligence, or unskillfulness, or has endangered life, or has willfully violated any of the provisions of this title or any of the regulations issued

Suspension or revocation of license.

thereunder, he shall, in a written order reciting said findings, suspend or revoke the license or certificate of service of such officer or holder

Appeal to Secretary of Commerce.

Counsel.

of such certificate. The person whose license or certificate of service is suspended or revoked may, within thirty days, appeal from the order of the said Director to the Secretary of Commerce. On such appeal the appellant shall be allowed to be represented by counsel.

Decision, limitations.

The Secretary of Commerce may alter or modify any finding of the board which conducted the investigation or of the Director of the Bureau of Marine Inspection and Navigation, but the decision of the Secretary of Commerce shall be based solely on the testimony received by the said board and shall recite the findings of fact on which it is based.”

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