Us Code § 3820 - Procedural rights

Full text of Us Code United States Code § 3820 — Procedural rights, with citation guidance and answers to common questions.

§ 3820. Procedural rights

(a) It is hereby declared to be the purpose of this section to guarantee to each registrant asserting a claim before a local or appeal board, a fair hearing consistent with the informal and expeditious processing which is required by selective service cases.

(b) Pursuant to such rules and regulations as the President may prescribe—

(1) Each registrant shall be afforded the opportunity to appear in person before the local or any appeal board of the Selective Service System to testify and present evidence regarding his status.

(2) Subject to reasonable limitations on the number of witnesses and the total time allotted to each registrant, each registrant shall have the right to present witnesses on his behalf before the local board.

(3) A quorum of any local board or appeal board shall be present during the registrant's personal appearance.

(4) In the event of a decision adverse to the claim of a registrant, the local or appeal board making such decision shall, upon request, furnish to such registrant a brief written statement of the reasons for its decision.

(June 24, 1948, ch. 625, title I, §22, as added Pub. L. 92–129, title I, §101(a)(36), Sept. 28, 1971, 85 Stat. 353.)


Editorial Notes

Codification

Section was formerly classified to section 471a of the former Appendix to this title prior to editorial reclassification and renumbering as this section.

CHAPTER 50—SERVICEMEMBERS CIVIL RELIEF

Sec.
3901.
Short title.
3902.
Purpose.

        

SUBCHAPTER I—GENERAL PROVISIONS

3911.
Definitions.
3912.
Jurisdiction and applicability of chapter.
3913.
Protection of persons secondarily liable.
3914.
Extension of protections to citizens serving with allied forces.
3915.
Notification of benefits.
3916.
Information for members of the Armed Forces and their dependents on rights and protections of the Servicemembers Civil Relief Act.
3917.
Extension of rights and protections to reserves ordered to report for military service and to persons ordered to report for induction.
3918.
Waiver of rights pursuant to written agreement.
3919.
Exercise of rights under chapter not to affect certain future financial transactions.
3920.
Legal representatives.

        

SUBCHAPTER II—GENERAL RELIEF

3931.
Protection of servicemembers against default judgments.
3932.
Stay of proceedings when servicemember has notice.
3933.
Fines and penalties under contracts.
3934.
Stay or vacation of execution of judgments, attachments, and garnishments.
3935.
Duration and term of stays; codefendants not in service.
3936.
Statute of limitations.
3937.
Maximum rate of interest on debts incurred before military service.
3938.
Child custody protection.
3938a.
Annual notice to members of the Armed Forces regarding child custody protections guaranteed by the Servicemembers Civil Relief Act.

        

SUBCHAPTER III—RENT, INSTALLMENT CONTRACTS, MORTGAGES, LIENS, ASSIGNMENT, LEASES, COMMUNICATIONS SERVICE CONTRACTS

3951.
Evictions and distress.
3952.
Protection under installment contracts for purchase or lease.
3953.
Mortgages and trust deeds.
3954.
Settlement of stayed cases relating to personal property.
3955.
Termination of residential or motor vehicle leases.
3956.
Termination of certain consumer contracts.
3957.
Protection of life insurance policy.
3958.
Enforcement of storage liens.
3959.
Extension of protections to dependents.

        

SUBCHAPTER IV—LIFE INSURANCE

3971.
Definitions.
3972.
Insurance rights and protections.
3973.
Application for insurance protection.
3974.
Policies entitled to protection and lapse of policies.
3975.
Policy restrictions.
3976.
Deduction of unpaid premiums.
3977.
Premiums and interest guaranteed by United States.
3978.
Regulations.
3979.
Review of findings of fact and conclusions of law.

        

SUBCHAPTER V—TAXES AND PUBLIC LANDS

3991.
Taxes respecting personal property, money, credits, and real property.
3992.
Rights in public lands.
3993.
Desert-land entries.
3994.
Mining claims.
3995.
Mineral permits and leases.
3996.
Perfection or defense of rights.
3997.
Distribution of information concerning benefits of subchapter.
3998.
Land rights of servicemembers.
3999.
Regulations.
4000.
Income taxes.
4001.
Residence for tax purposes.

        

SUBCHAPTER VI—ADMINISTRATIVE REMEDIES

4011.
Inappropriate use of chapter.
4012.
Certificates of service; persons reported missing.
4013.
Interlocutory orders.

        

SUBCHAPTER VII—FURTHER RELIEF

4021.
Anticipatory relief.
4022.
Power of attorney.
4023.
Professional liability protection.
4024.
Health insurance reinstatement.
4025.
Guarantee of residency for military personnel and spouses of military personnel.
4025a.
Portability of professional licenses of servicemembers and their spouses.
4026.
Business or trade obligations.
4027.
Guarantee of residency for spouses of servicemembers.

        

SUBCHAPTER VIII—CIVIL LIABILITY

4041.
Enforcement by the Attorney General.
4042.
Private right of action.
4043.
Preservation of remedies.

        

Editorial Notes

Codification

The Servicemembers Civil Relief Act, comprising this chapter, was originally enacted as act Oct. 17, 1940, ch. 888, 54 Stat. 1178, known as the Soldiers' and Sailors' Civil Relief Act of 1940, and amended by acts Oct. 6, 1942, ch. 581, 56 Stat. 769; July 3, 1944, ch. 397, 58 Stat. 722; Apr. 3, 1948, ch. 170, 62 Stat. 160; June 23, 1952, ch. 450, 66 Stat. 151; July 11, 1956, ch. 570, 70 Stat. 528; Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1105; Pub. L. 86–721, Sept. 8, 1960, 74 Stat. 820; Pub. L. 87–771, Oct. 9, 1962, 76 Stat. 768; Pub. L. 89–358, Mar. 3, 1966, 80 Stat. 12; Pub. L. 92–540, Oct. 24, 1972, 86 Stat. 1074; Pub. L. 102–12, Mar. 18, 1991, 105 Stat. 34; Pub. L. 104–106, Feb. 10, 1996, 110 Stat. 186; Pub. L. 107–107, Dec. 28, 2001, 115 Stat. 1012; Pub. L. 107–330, Dec. 6, 2002, 116 Stat. 2820. Sections of the act Oct. 17, 1940, are shown herein, however, as having been added by Pub. L. 108–189, §1, Dec. 19, 2003, 117 Stat. 2835, without reference to the intervening amendments listed above because of the extensive revision of act Oct. 17, 1940, by Pub. L. 108–189.

Act Oct. 17, 1940, ch. 888, as added Pub. L. 108–189, §1, Dec. 19, 2003, 117 Stat. 2835, comprising this chapter, was formerly set out in the Appendix to this title, prior to the elimination of the Appendix to this title and the editorial reclassification of the Act as this chapter. For disposition of sections of the former Appendix to this title, see Table II, set out preceding section 1 of this title.

About This Section

50 U.S.C. § 3820 is part of Title 50 of the United States Code. The United States Code is the official codification of federal statutes maintained by the Office of the Law Revision Counsel of the U.S. House of Representatives. Congress amends the Code through new public laws, which are eventually incorporated into the relevant title.

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