46 U.S.C. § 7702

Administrative procedure

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(a) Sections 551–559 of title 5 apply to each hearing under this chapter about suspending or revoking a license, certificate of registry, or merchant mariner’s document.(b) The individual whose license, certificate of registry, or merchant mariner’s document has been suspended or revoked under this chapter may appeal, within 30 days, the suspension or revocation to the Secretary.(c)(1) The Secretary shall request a holder of a license, certificate of registry, or merchant mariner’s document to make available to the Secretary, under section 30305(b)(7) of title 49, all information contained in the National Driver Register related to an offense described in section 205(a)(3)(A) or (B) of that Act 11 See References in Text note below. committed by the individual.(2) The Secretary shall require the testing of the holder of a license, certificate of registry, or merchant mariner’s document for use of alcohol and dangerous drugs in violation of law or Federal regulation. The testing may include preemployment (with respect to dangerous drugs only), periodic, random, and reasonable cause testing, and shall include post-accident testing.(d)(1) The Secretary may temporarily, for not more than 45 days, suspend and take possession of the license, certificate of registry, or merchant mariner’s document held by ‘an 22 So in original. Opening single quotation mark probably should not appear. individual—(A) if—(i) that individual performs a safety sensitive function on a vessel, as determined by the Secretary; and(ii) there is probable cause to believe that the individual—(I) has, while acting under the authority of that license, certificate, or document, performed the safety sensitive function in violation of law or Federal regulation regarding use of alcohol or a dangerous drug;(II) has been convicted of an offense that would prevent the issuance or renewal of the license, certificate, or document;(III) within the 3-year period preceding the initiation of a suspension proceeding, has been convicted of an offense described in section 30304(a)(3)(A) or (B) of title 49; or(IV) is a security risk that poses a threat to the safety or security of a vessel or a public or commercial structure located within or adjacent to the marine environment; or(B) if there is probable cause to believe that the individual has violated company policy and is a security risk that poses a threat to other individuals on the vessel.(2) If a license, certificate, or document is temporarily suspended under this section, an expedited hearing under subsection (a) of this section shall be held within 30 days after the temporary suspension.(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 546; Pub. L. 99–36, § 1(a)(3), May 15, 1985, 99 Stat. 67; Pub. L. 101–380, title IV, § 4103(a)(1), Aug. 18, 1990, 104 Stat. 510; Pub. L. 105–383, title III, § 304(a), Nov. 13, 1998, 112 Stat. 3419; Pub. L. 108–293, title IV, § 407, title VI, § 609(2), Aug. 9, 2004, 118 Stat. 1044, 1058; Pub. L. 115–232, div. C, title XXXV, § 3546(f), Aug. 13, 2018, 132 Stat. 2326; Pub. L. 119–60, div. G, title LXXIII, § 7301(i), Dec. 18, 2025, 139 Stat. 1758.)

Historical and Revision Notes
Revised section	Source section (U.S. Code)
7702	..............................................

Section 7702(a) provides that Sections 551–559 of title 5 of the United States Code shall apply to each involving the suspension or revocation of a license, certificate, or document.

Subsection (b) allows an individual whose license, certificate, or document has been suspended or revoked to appeal it to the Secretary within 30 days.

Editorial NotesReferences in Text

Section 205(a)(3)(A) or (B) of that Act, referred to in subsec. (c)(1), means section 205(a)(3)(A), (B) of the National Driver Register Act of 1982, Pub. L. 97–364, which was set out in a note under section 401 of Title 23, Highways, and was repealed and restated in section 30304 of Title 49, Transportation, by Pub. L. 103–272, §§ 1(e), 7(b), July 5, 1994, 108 Stat. 975, 1379.

Amendments

2025—Subsec. (d)(1). Pub. L. 119–60 substituted “an individual—” for “an individual” in introductory provisions, inserted subpar. (A) designation before “if—”, redesignated former subpars. (A) and (B) as cls. (i) and (ii), respectively, of subpar. (A), and added subpar. (B),

2018—Subsec. (c)(1). Pub. L. 115–232 substituted “section 30305(b)(7) of title 49” for “section 206(b)(4) of the National Driver Register Act of 1982 (23 U.S.C. 401 note)”.

2004—Subsec. (d)(1). Pub. L. 108–293, § 407(1), substituted “if—” for “if, when acting under the authority of that license, certificate, or document—” in introductory provisions.

Subsec.(d)(1)(B)(i). Pub. L. 108–293, § 407(2), inserted “, while acting under the authority of that license, certificate, or document,” after “has”.

Subsec. (d)(1)(B)(iii). Pub. L. 108–293, § 609(2), substituted “section 30304(a)(3)(A) or (B) of title 49” for “section 205(a)(3)(A) or (B) of the National Driver Register Act of 1982”.

Subsec. (d)(1)(B)(iv). Pub. L. 108–293, § 407(3)–(5), added cl. (iv).

1998—Subsec. (c)(2). Pub. L. 105–383 inserted second sentence and struck out former second sentence which read as follows: “The testing may include preemployment (with respect to dangerous drugs only), periodic, random, reasonable cause, and post accident testing.”

1990—Subsecs. (c), (d). Pub. L. 101–380 added subsecs. (c) and (d).

1985—Subsec. (a). Pub. L. 99–36 substituted “mariner’s” for “mariners’ ”.

Statutory Notes and Related SubsidiariesEffective Date of 1990 Amendment

Amendment by Pub. L. 101–380 applicable to incidents occurring after Aug. 18, 1990, see section 1020 of Pub. L. 101–380, set out as an Effective Date note under section 2701 of Title 33, Navigation and Navigable Waters.

Notes of Decisions

Cited in 9 cases (2 in the last 5 years), 1991–2025 · leading case: Dresser v. Meba Med. & Benefits Plan, 628 F.3d 705 (5th Cir. 2010).

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Dresser v. Meba Med. & Benefits Plan, 628 F.3d 705 (5th Cir. 2010). “46 U.S.C. § 7702 (b). 20 . 33 C.F.R. § 20.”

Kinneary v. City of New York, 358 F. Supp. 2d 356 (S.D.N.Y. 2005). · cites it 2× “On June 30, 2004, Kinneary brought the instant action against Ridge, claiming the violation of his rights under the Rehabilitation Act by the DHS in its capacity as a regulator, in that the Coast Guard, an agency within the DHS, suspended Kin-neary’s license to operate a vessel…”

Kinneary v. City of New York, 536 F. Supp. 2d 326 (S.D.N.Y. 2008). “See 46 U.S.C. § 7702 (c)(2) ("The Secretary shall require the testing of the holder of a license, certificate of registry, or merchant mariner's document for use of alcohol and dangerous drugs in violation of law or Federal regulation.”

Mcdonald v. Dept. of Pro. Reg., 582 So. 2d 660 (Fla. 1st DCA 1991). “In contrast to the federal disciplinary proceedings, state disciplinary proceedings against a pilot are penal in nature, and the standard of proof required is clear and convincing evidence.”

Jack Anthony Jory v. United States, 562 F. App'x 926 (11th Cir. 2014). “However, 46 U.S.C. § 7702 specifically provides the administrative procedure for the suspension and revocation of merchant seamen licenses, certificates, and documents, and as the statutes make clear, these types of decisions are subject to judicial review in a U.”

Jory v. Sec'y, United States Dep't of Homeland Sec., 859 F. Supp. 2d 72 (D.D.C. 2012). “46 U.S.C. § 7702 (d). 4 . The question of whether the statute relied upon imposes a clear and compelling duty on the defendant merges into an issue of the merits of the complaint.”

Reid v. Mayorkas (D.D.C. 2024). · cites it 2× “Plaintiffs claim that 46 U.S.C. § 7702 (d)(1)(B) provides a property interest in an MMC.”

Mullen v. Dep't of Homeland Sec. (E.D. La. 2025). “The court held the judicial review process is as follows: first, a S&R hearing before an ALJ governed by the APA, 46 U.S.C. § 7702 (a), second, an appeal to the Coast Guard Commandant “to determine whether the ALJ committed error in the proceedings[,]” 33 C.”

Interocean Ships, Inc. v. Samoan Gases, 24 Am. Samoa 2d 108 (1993). “When issues not raised by the pleadings are tried by express or implied consent of the parties, they shall be treated in all respects as if they had been raised in the pleadings.”

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