33 CFR 49.01-10
§ 49.01-10 Determination of incompetency.
United States · 33 CFR — Navigation and Navigable Waters · Status: effective
Cite this
- Citation
- 33 CFR 49.01-10, § 49.01-10 Determination of incompetency, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/149529
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Full text
After examining the legitimacy, substance, and sufficiency of the application, the Commandant shall either (a) direct the Commanding Officer of the alleged mentally incompetent, (b) the Commanding Officer of the Coast Guard unit to which such incompetent may be conveniently referred, or (c) request the Surgeon General of the Public Health Service to convene or appoint, at the Public Health Hospital or facility, where the alleged incompetent is receiving treatment or to which his case may be conveniently referred, a board of not less than three qualified medical officers, one of whom shall be specially qualified in the treatment of mental disorders, to determine whether the alleged incompetent is capable of managing his own affairs. The record of proceedings, and the findings of the board shall, after action by the Convening or Appointive Authority thereon, be forwarded to the Commandant.
Legislative history
This is a federal regulation, adopted through agency rulemaking under the Administrative Procedure Act — not enacted by a recorded vote of Congress.