§ 923. — Procedure before deputy commissioner or Board.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 33USC923]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 18--LONGSHORE AND HARBOR WORKERS' COMPENSATION
Sec. 923. Procedure before deputy commissioner or Board
(a) 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.
(b) 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.
(Mar. 4, 1927, ch. 509, Sec. 23, 44 Stat. 1437; Pub. L. 92-576,
Sec. 15(e), Oct. 27, 1972, 86 Stat. 1262; Pub. L. 98-426, Sec. 27(a)(2),
Sept. 28, 1984, 98 Stat. 1654.)
Amendments
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).
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.
