Page:United States Statutes at Large Volume 97.djvu/569

 PUBLIC LAW 98-89 —AUG. 26, 1983 97 STAT. 537 CHAPTER 63—INVESTIGATING MARINE CASUALTIES Sec. 6301. Investigation of marine casualties. 6302. Public investigations. 6303. Rights of parties in interest. 6304. Subpena authority. 6305. Reports of investigations. 6306. Penalty. 6307. Notifications to Congress. § 6301. Investigation of marine casualties The Secretary shall prescribe regulations for the immediate inves- Regulations, tigation of marine casualties under this part to decide, as closely as possible— (1) the cause of the casualty, including the cause of any death; (2) whether an act of misconduct, incompetence, negligence, unskillfulness, or willful violation of law committed by any individual licensed, certificated, or documented under part E of this subtitle has contributed to the cause of the casualty, or to a Post, p. 538. death involved in the casualty, so that appropriate remedial action under chapter 77 of this title may be taken; Post, p. 546. (3) whether an act of misconduct, incompetence, negligence, unskillfulness, or willful violation of law committed by any person, including an officer, employee, or member of the Coast Guard, contributed to the cause of the casualty, or to a death involved in the casualty; (4) whether there is evidence that an act subjecting the offender to a civil penalty under the laws of the United States has been committed, so that appropriate action may be under- taken to collect the penalty; (5) whether there is evidence that a criminal act under the laws of the United States has been committed, so that the matter may be referred to appropriate authorities for prosecu- tion; and (6) whether there is need for new laws or regulations, or amendment or repeal of existing laws or regulations, to prevent the recurrence of the casualty. § 6302. Public investigations Each investigation conducted under this chapter and regulations prescribed under this chapter shall be open to the public, except when evidence affecting the national security is to be received. § 6303. Rights of parties in interest In an investigation conducted under this chapter, the following shall be allowed to be represented by counsel, to cross-examine witnesses, and to call witnesses: (1) an owner, (2) any holder of a license or certificate of registry, (3) any holder of a merchant mariner's document, (4) any other person whose conduct is under investigation, and (5) any other party in interest.

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