Except for the Commandant, any individual adjudicating an appeal or waiver of a decision regarding marine safety, including inspection or manning and threats to the environment, shall—

((1)) be a qualified specialist with the training, experience, and qualifications in marine safety to effectively judge the facts and circumstances involved in the appeal and make a judgment regarding the merits of the appeal; or

((2)) have a senior staff member who—

((A)) meets the requirements of paragraph (1);

((B)) actively advises the individual adjudicating the appeal; and

((C)) concurs in writing on the decision on appeal.