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Code · CFR · Title 15 — Commerce and Foreign Trade · Part 998 — Marine and Aviation Operations · § 998.29

§ 998.29. Waivers or suspension of compliance.

214 words·~1 min read·/us/cfr/t15/s§ 998.29·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)The Secretary may waive the service obligations of an officer incurred under § 998.23, § 998.24, and § 998.27 who:
(1)Becomes unqualified to serve on active duty in the NOAA Corps because of a circumstance not within the control of that officer; or
(2)Is:
(i)Not physically qualified for appointment; and
(ii)Determined to be unqualified for service in the NOAA Corps because of a physical or medical condition that was not the result of the officer's own misconduct or grossly negligent conduct.
(b)The Secretary may waive the service obligations of an officer incurred under § 998.25 who fails to satisfy the eligibility requirements if the Secretary determines that the imposition of the repayment requirement and the termination of unpaid amounts of such assistance would be---
(1)Contrary to personnel policy or management objective;
(2)Against equity and good conscience; or
(3)Contrary to the best interest of the United States.
(c)With respect to a service obligation under § 998.27(a), the Secretary may relieve an officer's ADSO and provide an alternative obligation at the discretion of the Secretary, the terms of which will be documented in a new written agreement.
(d)The authorities provided in this part to grant waivers or exceptions will be referenced in all written agreements.
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