---
kind: "section"
citation: "33 U.S.C. § 923"
title: "33"
title_heading: "Navigation and Navigable Waters"
number: "923"
heading: "Procedure before deputy commissioner or Board"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/33/923"
units:
  - "Chapter 18 — Longshore and Harbor Workers’ Compensation"
---

# §923. Procedure before deputy commissioner or Board

- (a) In making an investigation or inquiry or conducting a hearing the [deputy commissioner](/usc/33/902.md?p=7) or [Board](/usc/33/902.md?p=20) shall not be bound by common law or statutory rules of evidence or by technical or formal rules of procedure, except as provided by this chapter; but may make such investigation or inquiry or conduct such hearing in such manner as to best ascertain the rights of the parties. Declarations of a deceased [employee](/usc/33/902.md?p=3) concerning the [injury](/usc/33/902.md?p=2) in respect of which the investigation or inquiry is being made or the hearing conducted shall be received in evidence and shall, if corroborated by other evidence, be sufficient to establish the [injury](/usc/33/902.md?p=2).
- (b) Hearings before a [deputy commissioner](/usc/33/902.md?p=7) or [Board](/usc/33/902.md?p=20) shall be open to the public and shall be stenographically reported, and the [deputy commissioners](/usc/33/902.md?p=7) or [Board](/usc/33/902.md?p=20), subject to the approval of the [Secretary](/usc/33/902.md?p=6), are authorized to contract for the reporting of such hearings. The [Secretary](/usc/33/902.md?p=6) shall by regulation provide for the preparation of a record of the hearings and other proceedings before the [deputy commissioners](/usc/33/902.md?p=7) or [Board](/usc/33/902.md?p=20).

## Source credit

(Mar. 4, 1927, ch. 509, § 23, 44 Stat. 1437; Pub. L. 92–576, § 15(e), Oct. 27, 1972, 86 Stat. 1262; Pub. L. 98–426, § 27(a)(2), Sept. 28, 1984, 98 Stat. 1654.)

## Notes

### Editorial Notes

### Amendments

1984—Subsec. (b). Pub. L. 98–426 substituted “Secretary” for “commission”. See Transfer of Functions note set out under section 902 of this title.

1972—Pub. L. 92–576 inserted references to the Board in subsecs. (a) and (b).

### Statutory Notes and Related Subsidiaries

### Effective Date of 1984 Amendment

Amendment by Pub. L. 98–426 effective Sept. 28, 1984, see section 28(e)(1) of Pub. L. 98–426, set out as a note under section 901 of this title.

### Effective Date of 1972 Amendment

Amendment by Pub. L. 92–576 effective 30 days after Oct. 27, 1972, see section 22 of Pub. L. 92–576, set out as a note under section 902 of this title.