(a) Any person with physical disabilities, a record of an impairment, or regarded as having an impairment, shall be subject to the same laws and rules adopted by the secretary relating to the certification of an individual to operate a vessel.
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Terms Used In Alabama Code 33-5-58

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • circuit: means judicial circuit. See Alabama Code 1-1-1
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • person: includes a corporation as well as a natural person. See Alabama Code 1-1-1
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(b) Notwithstanding any law or rule to the contrary, the secretary shall not refuse to issue or renew any certification for the operation of a vessel on the grounds of physical appearance, speculations, or generalizations that the individual’s physical impairment would impede that person’s ability to operate a vessel in a safe manner without probable cause to believe the person’s ability to operate a vessel in a safe manner is impaired.
(c) If a person’s application for a certification is denied based on the physical appearance or speculated inability of the person to operate a vessel in a safe manner, the person shall have a right to an impartial hearing before the secretary or his or her designee. At the hearing, the person shall have the right to be represented by counsel and to present witnesses including, but not limited to, a physician of choice. The person may appeal any decision to the circuit court of competent jurisdiction for a trial de novo.
(d) This section shall be interpreted to be consistent with and to further the purposes and policies of Section 504 of the Rehabilitation Act of 1973, as amended, 34 C.F.R. part 104 and P.L. 101-336, The Americans with Disabilities Act of 1990, together with implementing regulations, and amendments to the laws and regulations.
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