158 LAWS GOVERNING MARINE INSPECTION 



to the Commandant of the Coast Guard. On such appeal the 

 appellant shall be allowed to Vje represented by counsel. The Com- 

 mandant of the Coast Guard may alter or modify any finding of 

 the investigation, but the decision of the Commandant shall be based 

 solely on the testimony received by the said investigation and shall 

 recite the findings of fact on which it is based. 



Narcotics violations; definitions 



46 U.S.C. 239a 



When used in section 239b of this title — 



(a) The term "narcotic drug" shall have the meaning ascribed 

 to that term by section 171(a) of title 21, and also shall include 

 marihuana as defined in section 3238(b) of title 26, I.R.C. 1939 and 

 section 4761 of title 26, I.R.C. 1954. 



(b) The term "Secretary" means the head of the department in 

 which the Coast Guard is operating. 



(c) The term "seaman's document" means any document authorized 

 by law or regulation to be issued to a merchant mariner by the 

 Secretary. 



Narcotics violations ; denial or revocation of seaman's document 



46 U.S.C. 239b 



The Secretary may — 



( a ) deny a seaman's document to — 



(1) any person who, within ten years prior to the date of 

 application therefor, has been convicted in a court of record of a 

 violation of the narcotic drug laws of the United States, the District 

 of Columbia, or any State or Territory of the United States, which 

 conviction has become final ; or 



(2) any person who, unless he furnishes satisfactory evidence 

 that he is cured, has ever been a user of or addicted to the use of 

 a narcotic drug ; and 



(b) take action, based on a hearing before a Coast Guard ex- 

 aminer, under hearing procedures prescribed by the Administrative 

 Procedure Act, as amended, to revoke the seaman's document of — 



(1) any person who, subsequent to July 15, 1954, and within 

 ten years prior to the institution of the action, has been convicted 

 in a court of record of a violation of the narcotic drug laws of the 

 United States, District of Columbia, or any State or Territory of the 

 United States, the revocation to be subject to the conviction's becoming 

 final ; or 



(2) any person who, unless he furnishes satisfactory evidence 

 that he is cured, has been, subsequent to July 15, 1954, a user of 

 or addicted to the use of a narcotic drug. 



