§ 562. Appeals and waivers

Except for the Commandant, any individual adjudicating an appeal or waiver of a decision regarding marine safety, including inspection or manning and threats to the environment, shall—

• (1) be a qualified specialist with the training, experience, and qualifications in marine safety to effectively judge the facts and circumstances involved in the appeal and make a judgment regarding the merits of the appeal; or
• (2) have a senior staff member who—
  • (A) meets the requirements of paragraph (1);
  • (B) actively advises the individual adjudicating the appeal; and
  • (C) concurs in writing on the decision on appeal.