§ 923. Procedure before deputy commissioner or Board

Statutory text

In making an investigation or inquiry or conducting a hearing the deputy commissioner or Board shall not be bound by common law or statutory rules of evidence or by technical or formal rules of procedure, except as provided by this chapter; but may make such investigation or inquiry or conduct such hearing in such manner as to best ascertain the rights of the parties. Declarations of a deceased employee concerning the injury in respect of which the investigation or inquiry is being made or the hearing conducted shall be received in evidence and shall, if corroborated by other evidence, be sufficient to establish the injury.

Hearings before a deputy commissioner or Board shall be open to the public and shall be stenographically reported, and the deputy commissioners or Board, subject to the approval of the Secretary, are authorized to contract for the reporting of such hearings. The Secretary shall by regulation provide for the preparation of a record of the hearings and other proceedings before the deputy commissioners or Board.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1927
Pub. L. 69–509 § 23 · 44 Stat. 1424
Enacted · 33 U.S.C. § 923
Mar. 4, 1927, ch. 509, § 23, 44 Stat. 1437
Source evidence
Code source credit
Mar. 4, 1927, ch. 509, § 23, 44 Stat. 1437
1972
Longshoremen’s and Harbor Workers’ Compensation Act Amendments of 1972
Pub. L. 92–576 § 15(e) · 86 Stat. 1251
Inserted · 33 U.S.C. § 923
Pub. L. 92–576 inserted references to the Board in subsecs. (a) and (b)
Source evidence
Code amendment note
Pub. L. 92–576 inserted references to the Board in subsecs. (a) and (b).
Enacted provision · exact public law section
(e) Sections 23 and 27 of such Act are each amended by adding “or Board” after every reference to “deputy commissioner”.
1984
Longshore and Harbor Workers’ Compensation Act Amendments of 1984
Pub. L. 98–426 § 27(a)(2) · 98 Stat. 1639
Substituted · 33 U.S.C. § 923(b)
Pub. L. 98–426 substituted “Secretary” for “commission”. See Transfer of Functions note set out under section 902 of this title
Source evidence
Code amendment note
Subsec. (b). Pub. L. 98–426 substituted “Secretary” for “commission”. See Transfer of Functions note set out under section 902 of this title.
Enacted provision · exact public law section
(2) by striking out “commission” each place it appears and inserting in lieu thereof “Secretary”; and
Effective date note
Amendment by Pub. L. 98–426 effective Sept. 28, 1984, see section 28(e)(1) of Pub. L. 98–426, set out as a note under section 901 of this title.

2 of 3 references resolved to an enrolled provision · 1 partial

Editorial Notes

Amendments1972–1984 · 2 rounds

1984

Subsec. (b). Pub. L. 98–426 substituted “Secretary” for “commission”. See Transfer of Functions note set out under section 902 of this title.

1972

Pub. L. 92–576 inserted references to the Board in subsecs. (a) and (b).

Statutory Notes and Related Subsidiaries

Effective Date of 1984 Amendment

Amendment by Pub. L. 98–426 effective Sept. 28, 1984, see section 28(e)(1) of Pub. L. 98–426, set out as a note under section 901 of this title.

Effective Date of 1972 Amendment

Amendment by Pub. L. 92–576 effective 30 days after Oct. 27, 1972, see section 22 of Pub. L. 92–576, set out as a note under section 902 of this title.

Credits

1927–1984 · 3 acts

1927Mar. 4, 1927, ch. 509, § 23, 44 Stat. 1437
1972Pub. L. 92–576, § 15(e), Oct. 27, 1972, 86 Stat. 1262
1984Pub. L. 98–426, § 27(a)(2), Sept. 28, 1984, 98 Stat. 1654.

Show as published

(Mar. 4, 1927, ch. 509, § 23, 44 Stat. 1437; Pub. L. 92–576, § 15(e), Oct. 27, 1972, 86 Stat. 1262; Pub. L. 98–426, § 27(a)(2), Sept. 28, 1984, 98 Stat. 1654.)