§ 940. — Deputy commissioners.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 33USC940]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 18--LONGSHORE AND HARBOR WORKERS' COMPENSATION
Sec. 940. Deputy commissioners
(a) Appointment; use of personnel and facilities of boards, commissions,
or other agencies; expenses and salaries
The Secretary may appoint as deputy commissioners any member of any
board, commission, or other agency of a State to act as deputy
commissioner for any compensation district or part thereof in such
State, and may make arrangements with such board, commission, or other
agency for the use of the personnel and facilities thereof in the
administration of this chapter. The Secretary may make such arrangements
as may be deemed advisable by him for the payment of expenses of such
board, commission, or other agency, incurred in the administration of
this chapter pursuant to this section, and for the payment of salaries
to such board, commission, or other agency, or the members thereof, and
may pay any amounts agreed upon to the proper officers of the State,
upon vouchers approved by the Secretary.
(b) Appointment in Territories and District of Columbia; compensation
In any Territory of the United States or in the District of Columbia
a person holding an office under the United States may be appointed
deputy commissioner and for services rendered as deputy commissioner may
be paid compensation, in addition to that he is receiving from the
United States, in an amount fixed by the Secretary in accordance with
chapter 51 and subchapter III of chapter 53 of title 5.
(c) Transfers to other districts; temporary details
Deputy commissioners (except deputy commissioners appointed under
subsection (a) of this section) may be transferred from one compensation
district to another and may be temporarily detailed from one
compensation district for service in another in the discretion of the
Secretary.
(d) Maintaining offices
Each deputy commissioner shall maintain and keep open during
reasonable business hours an office, at a place designated by the
Secretary, for the transaction of business under this chapter, at which
office he shall keep his official records and papers. Such office shall
be furnished and equipped by the Secretary, who shall also furnish the
deputy commissioner with all necessary clerical and other assistants,
records, books, blanks, and supplies. Wherever practicable such office
shall be located in a building owned or leased by the United States;
otherwise the Secretary shall rent suitable quarters.
(e) Records and papers
If any deputy commissioner is removed from office, or for any reason
ceases to act as such deputy commissioner, all of his official records
and papers and office equipment shall be transferred to his successor in
office or, if there be no successor, then to the Secretary or to a
deputy commissioner designated by the Secretary.
(f) Conflict of interest
Neither a deputy commissioner or Board member nor any business
associate of a deputy commissioner or Board member shall appear as
attorney in any proceeding under this chapter, and no deputy
commissioner or Board member shall act in any such case in which he is
interested, or when he is employed by any party in interest or related
to any party in interest by consanguinity or affinity within the third
degree, as determined by the common law.
(Mar. 4, 1927, ch. 509, Sec. 40, 44 Stat. 1443; Oct. 28, 1949, ch. 782,
title XI, Sec. 1106(a), 63 Stat. 972; Pub. L. 92-576, Sec. 15(j), Oct.
27, 1972, 86 Stat. 1262; Pub. L. 98-426, Sec. 27(a)(2), Sept. 28, 1984,
98 Stat. 1654.)
Codification
In subsec. (b) ``chapter 51 and subchapter III of chapter 53 of
title 5'' substituted for ``the Classification Act of 1949, as amended''
on authority of Pub. L. 89-554, Sec. 7(b), Sept. 6, 1966, 80 Stat. 631,
the first section of which enacted Title 5, Government Organization and
Employees.
Amendments
1984--Subsecs. (a) to (e). Pub. L. 98-426 substituted ``Secretary''
for ``commission''. See Transfer of Functions note set out under section
902 of this title.
1972--Subsec. (f). Pub. L. 92-576 inserted references to Board
member.
1949--Subsec. (b). Act Oct. 28, 1949, substituted ``Classification
Act of 1949'' for ``Classification Act of 1923''.
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.
Repeals
Act Oct. 28, 1949, ch. 782, cited as a credit to this section, was
repealed (subject to a savings clause) by Pub. L. 89-554, Sept. 6, 1966,
Sec. 8, 80 Stat. 632, 655.
Transfer of Functions
For transfer of functions to the Secretary of Labor, see note set
out under section 902 of this title.
Section Referred to in Other Sections
This section is referred to in section 939 of this title.
