(3) Second instance and judgement
The examinee, counselor and commissioner may file an appeal with the High Marine Accidents Inquiry Agency within seven days after the pronouncement when he is dissatisfied with a judgement pronounced at a Local Marine Accidents Inquiry Agency.
A collegiate body of five judges conducts the inquiry in the second instance through the same procedure of the first instance.
When a judgement delivered by the High Marine Accidents Inquiry Agency is not satisfactory, it is possible to file litigation with the Tokyo High Court within 30 days after the delivery to revoke the judgement.
(4) Execution of Judgement
The judgement pronounced becomes final within seven days after the delivery of the judgement if no appeal for a review is made. If the judgement is finalized and there is an order to discipline the examinee, the commissioner put it into effect immediately. The revocation of a license and suspension of duties shall be put into practice after having the examinee submit his certificate.
If the license is revoked, the certificate will be sent to the Ministry of Transport, and in the case of suspension of duties, the certificate will be returned to the holder after the specified timed has elapsed.
If the judgement is finalized and there is a recommendation against a designated person concerned in a marine accident, the presiding judge prepares a written recommendation and hand it over to the commissioner. As well as delivering it to the designated person concerned, the commissioner may have the whole or a summary of the text published in a newspaper or public gazette. Although the person who has received a recommendation is expected to make efforts to take necessary measures according to the recommendation, he may submit a written excuse to the commissioner and request him to make it public within a month after the delivery of the judgement.
