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Current as of January 02, 2025 | Updated by Findlaw Staff
(a) A person may request the return of a voluntarily deposited credential or endorsement at any time, provided he or she can demonstrate a satisfactory rehabilitation or cure of the condition which caused the incompetence; has complied with any other conditions of the written agreement executed at the time of deposit; and complies with the physical and professional requirements for issuance of a credential or endorsement.
(b) Where the voluntary deposit is based on incompetence due to drug abuse, the deposit agreement shall provide that the credential or endorsement will not be returned until the person:
(1) Successfully completes a bona fide drug abuse rehabilitation program;
(2) Demonstrates complete non-association with dangerous drugs for a minimum of six months after completion of the rehabilitation program; and
(3) Is actively participating in a bona fide drug abuse monitoring program.
(c) Where the voluntary deposit is based on incompetence due to alcohol abuse, the deposit agreement shall provide that the credential or endorsement will not be returned until the person:
(1) Successfully completes a bona fide alcohol abuse rehabilitation program; and
(2) Is actively participating in a bona fide alcohol abuse monitoring program.
(d) The voluntary surrender of a credential or endorsement is the equivalent of revocation of such papers. A holder who voluntarily surrenders a credential or endorsement must comply with provisions of §§ 5.901 and 5.903 when applying for the issuance of a new credential or endorsement.
Cite this article: FindLaw.com - Code of Federal Regulations Title 46. Shipping § 46.5.205 Return or issuance of a credential or endorsement - last updated January 02, 2025 | https://codes.findlaw.com/cfr/title-46-shipping/cfr-sect-46-5-205/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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