| Suspension and Revocation Appeals Authority | 2079 - SHEPARD | This appeal has been taken in accordance with Title 46 Code of
Federal Regulations 5.30-1.
By order dated 8 December 1975, an Administrative Law Judge of
the United States Coast Guard at New York, New York, suspended
Appellant's license for 3 months on 12 months' probation upon
finding him guilty of negligence. The specification found proved
alleges that while serving as pilot on board the M/V FRANK D.
MOORES (Brit.) being the holder of the license above captioned, on
or about 16 July 1975, Appellant did imprudently navigate said
vessel in heavy fog causing the vessel to collide with a fixed
object, to wit, the Mount Hope Bridge, Mount Hope Bay, Rhode
Island.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduce in evidence the testimony
of seven witnesses, and six exhibits. | Appeal No. 2079 | Suspension and Revocation Appeals Authority | 9/27/1976 | 9/27/1976 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2069 - STEELE | This appeal has been taken in accordance with Title 46 Code of
Federal Regulations 5.30-1.
By order dated 26 August 1975, an Administrative Law Judge of
the United States Coast Guard at New Orleans suspended Appellant's
license for 6 months outright upon finding him guilty of
negligence. The specifications found proved allege that while
serving as a Pilot on board the SS ROBERT WATT MILLER under
authority of the license above captioned, on or about 5 February
1975, Appellant: (1) wrongfully navigated the vessel at excessive
speed, contributing to a collision with the Dredge ALASKA and and
Barge GL 142 with loss of life; (2) wrongfully failed to slow or
stop the vessel thereby contributing to the collision; (3)
wrongfully failed to maintain control of the vessel, thereby
contributing to the collision; and (4) wrongfully failed to
initiate passing signals as required by 33 CFR 80.26.
At the hearing, Appellant was represented by professional
counsel and entered a plead of not guilty to the charge and each
specification.
The Investigating Officer introduced in evidence twenty-one
exhibits and the testimony of seven witnesses. | Appeal No. 2069 | Suspension and Revocation Appeals Authority | 8/25/1976 | 8/25/1976 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2073 - SCHUESSLER | This appeal has been taken in accordance with Title 46 Code of
Federal Regulations 5.30-1 and 3.
By order dated 20 November 1975, an Administrative Law Judge
of the United States Coast Guard at Houston, Texas, suspended
Appellant's seaman documents for one month outright plus two months
on six months' probation upon finding him guilty of the charge of
"inattention to duty" while acting as a pilot of a steam vessel.
The specification found proved alleges that while serving as a
pilot on board the S.S. SKUKUZA (South Africa) on or about 19 July
1975, Appellant failed to insure that the attending M/V J. HARRIS
MASTERSON was clear before maneuvering his vessel ahead in the
Houston Ship Channel, thereby causing a collision with the M/V J.
HARRIS MASTERSON.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced in evidence the testimony
of three witnesses and ten exhibits. | Appeal No. 2073 | Suspension and Revocation Appeals Authority | 9/15/1976 | 9/15/1976 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2071 - WUESTHOFF | This appeal has been taken in accordance with Title 46 Code of
Federal Regulations 5.30-1 and 3.
By order dated 20 May 1975, an Administrative Law Judge of the
United States Coast Guard at San Francisco. California, suspended
Appellant's seaman documents for eight months outright upon finding
him guilty of negligence. The specifications found proved alleges
that while serving as a pilot on board the SS NORFOLK (Lib.), on 22
January 1975, Appellant did negligently cause the vessel to ground
in the vicinity of Anchorage 25, Carquinez Strait, San Francisco
Bay, and later on the same date, negligently failed to correctly
ascertain the conditions of tidal currents thereby causing said
vessel to collide with the south tower of the Benicia-Martinez
Bridge causing severe damage to the support tower protective
cribbing.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced in evidence the testimony
of six witnesses, as well as eighteen exhibits. | Appeal No. 2071 | Suspension and Revocation Appeals Authority | 9/8/1976 | 9/8/1976 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2310 - MANLEY | This appeal has been taken in accordance with Title 46 CFR
5.30-15.
By order dated 30 December 1982, an Administrative Law Judge
of the United States Coast Guard at Houston, Texas revoked
Appellant's seaman's document upon finding proved the charge of
"conviction for a narcotic drug law violation."
On 4 February 1983 Appellant requested a temporary document
pending appeal. The Administrative Law Judge denied the request by
letter on 7 February 1983.
BASES OF APPEAL
This appeal has been taken from the denial of a temporary
document by the Administrative Law Judge. It is urged that
Appellant should have been issued a temporary document.
OPINION
The decision of the Administrative Law Judge states only that
the request for the temporary document was received and is denied.
This is not sufficient.
The Administrative Procedure Act requires that an agency
rejection of an application "be accompanied by a brief statement of
the grounds for denial." See 5 USC 555e. The grounds must, of | Appeal No. 2310 | Suspension and Revocation Appeals Authority | 5/17/1983 | 5/17/1983 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2372 - COLLA | This appeal has been taken in accordance with Title 46 CFR
5.30-15(a)(1).
The hearing was held on 2 May 1984 and 7 June 1984 at
Baltimore, Maryland.
By order dated 7 June 1984, an Administrative Law Judge of the
United States Coast Guard at Norfolk, Virginia, suspended
Appellant's license and seaman's document upon finding proved the
charge of misconduct. The specification alleges that while serving
as Second Mate aboard the SS CORONADO, under authority of the
document above captioned, on or about 1 April 1983, Appellant did
fail to perform his duty as deck watch officer by falling asleep on
the wheelhouse settee while the vessel was at anchor.
On 28 June 1984, the Appellant requested a temporary license
and document pending appeal. The Administrative Law Judge denied
the request by his order dated 3 July 1984. | Appeal No. 2372 | Suspension and Revocation Appeals Authority | 10/5/1984 | 10/5/1984 | | 12/7/2017 |
| Suspension and Revocation Appeals Authority | 2126 - RIVERA | This appeal has been taken in accordance with the Title 46
United States Code 239(g) Title 46 Code of Federal Regulations
5.30-1
By order dated 21 December 1976, an Administrative Law Judge
of the United States Coast Guard at Jacksonville, Florida suspended
Appellant's license for 3 months on 12 months' probation with
respect to all seaman's documents issued to Appellant upon finding
him guilty of negligence. The specification found proved alleges
that while serving as operator of the United States M/T CABO ROJO
and /or the M/T PUERTO NUEVO under authority of the documents
above captioned, on or about 18 October 1976, Appellant wrongfully
and negligently failed to navigate the Barge MIAMI, with the
assistance of the towing vessels PUERTO NUEVO and CABO ROJO, with
caution, notwithstanding the proximity of a visible buoy, thereby
contributing to a collision between the MIAMI and the Bahia de San
Juan lighted buoy 13 (LLNR1291)
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification. | Appeal No. 2126 | Suspension and Revocation Appeals Authority | 7/3/1978 | 7/3/1978 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2300 - STROHECKER | This appeal has been taken in accordance with 5 U.S.C. 504 and
49 CFR Part 6.
By order dated 30 June 1982, an Administrative Law Judge of
the United States Coast Guard at Norfolk, Virginia denied
Appellant's application for attorney's fees and expenses incurred
as a result of defending himself against a charge of negligence
brought by the Coast Guard against his Operator's license. Three
specifications supporting the charge were raised by the Coast
Guard. They alleged that, while serving as Operator aboard Tug
MARIE SWANN, O.N. 253463 under authority of the license above
captioned, on or about 0550, 30 March 1982, in the James River at
or near the City of Newport News in the State of Virginia,
Appellant: (1) negligently failed to navigate said vessel in such
a manner as to preclude the barge said vessel was towing, tank
barge SWANN NO. 17, from alliding with M/V CENTAURO, thereby
damaging said tank barge; (2) negligently navigated said vessel in
such a manner as to endanger the life, limb or property of other
persons, to wit, failing to maintain adequate communications with
said vessel's line handlers, thereby contributing to the loss of
control over the barge said vessel was towing, tank barge SWANN NO.
17, and the allision of said barge with M/V CENTAURO; (3) negligently navigated said vessel in such a manner as to endanger
the life, limb or property of other persons, to wit; failing to
connect the towing hawser before releasing the breast lines,
thereby contributing to the barge said vessel was towing, SWANN NO.
17, being set adrift and alliding with the M/V CENTAURO.
The hearing was held at Norfolk, Virginia on 20 April 1982.
After the presentation of Appellant's defense, the Administrative
Law Judge rendered an order in which he dismissed the charge and
specifications. | Appeal No. 2300 | Suspension and Revocation Appeals Authority | 4/12/1983 | 4/12/1983 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2312 - HITT III | This appeal has been taken in accordance with 5 U.S.C. 504 and
49 CFR Part 6.
By order dated 21 July 1982, an Administrative Law Judge of
the United States Coast Guard at Norfolk, Virginia denied
Appellant's application for attorney's fees and expenses incurred
as a result of defending himself against a charge of misconduct
brought by the Coast Guard against his Operator's license. One
specification supported the charge of misconduct. It was alleged
that, while serving as Operator aboard tug LARK, under authority of
the license above captioned, on or about 0650 on 11 April 1982,
while transiting the Nanticoke River Entrance, Appellant wrongfully
failed to perform his duties by leaving the tug bridge without
proper relief. Appellant pled guilty to a concurrently filed
negligence charge.
The hearing was held at Norfolk, Virginia on 11 May 1982. At
the conclusion of the hearing, the Administrative Law Judge
rendered an order in which he dismissed the misconduct charge and
specification. | Appeal No. 2312 | Suspension and Revocation Appeals Authority | 5/22/1983 | 5/22/1983 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2362 - ARNOLD | This appeal has been taken in accordance with 4l United States
Code 239(g) and 46 CFR 5.30-1.
By order dated 17 December 1982, an Administrative Law Judge
of the United States Coast Guard Seattle, Washington, suspended
Appellant's seaman's document for ten months upon finding him
guilty of misconduct. The specification found proved alleges that
while serving as able-bodied seaman on board the SS PRINCE WILLIAM
SOUND under authority of the document above captioned, on or about
12 December 1981 through 19 December 1981, Appellant wrongfully
saved in the capacity noted his document was in the possession of
the Coast Guard in Compliance with a Coast Guard Administrative Law
Judge's order.
The hearing was held in Seattle, Washington on 9 September, 20
October, and 17 December 1982.
At the hearing Appellant was represented by professional
counsel. Prior to arraignment, Appellant moved for dismissal. The
motion was denied. After denial of the motion to dismiss and upon
being arraigned, Appellant entered a plea of guilty to the charge
an specification.
The Investigating Officer introduced in evidence sixteen
documents.
The Appellant offered no defense.
At the end of the hearing, the Administrative Law Judge
rendered and oral decision in which he concluded that the charge
and single specification had been proved by plea. He then served
a written order on Appellant suspending all documents issues to
Appellant for a period of ten months.
The entire decision was served on 12 January 1983. Appeal was
timely filed on 22 December 1982, and perfected on 23 March 1983. | Appeal No. 2362 | Suspension and Revocation Appeals Authority | 6/12/1984 | 6/12/1984 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2442 - ALLBRITTEN | This appeal has been taken in accordance with 46 USC 7702 and
46 CFR 5.701.
By order dated 6 November 1985, an Administrative Law Judge of
the United States Coast Guard at Jacksonville, Florida, suspended
Appellant's license for one month remitted on three months'
probation upon finding proved the charge of negligence. The
specification found proved alleges that Appellant, while serving as
operator aboard the M/V MIRIAM M. DEFELICE, under the authority of
the captioned document, while the vessel was towing the barge GULF
FLEET 263 and navigating in conditions of fog and restricted
visibility on the St. Johns River, failed to navigate the vessel
with caution causing the barge to strike the Buckman Bridge.
The hearing was held at Jacksonville, Florida, on 2 August; 5,
13 and 20 September; and 2 October 1985.
At the hearing Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification. | Appeal No. 2442 | Suspension and Revocation Appeals Authority | 12/16/1986 | 12/16/1986 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2443 - BRUCE | This appeal has been taken in accordance with 46 USC 7702 and
46 CFR 5.701.
By order dated 28 April 1986, an Administrative Law Judge of
the United States Coast Guard at Jacksonville, Florida, suspended
Appellant's license outright for one month, plus an additional six
months remitted on twelve months' probation upon finding proved the
charge of negligence. The specification alleges that Appellant,
while serving as operator aboard the M/V MIRIAM M. DEFELICE, under
the authority of the captioned document, failed to properly attain
and/or use available weather information prior to proceeding to sea
with the M/V MIRIAM M. DEFELICE and the tow GULF FLEET 263,
contributing to the failure of the towing connection and grounding
of the barge GULF FLEET 263. A second specification under the
charge of negligence, alleging a failure to properly examine towing
gear, was found not proved and was dismissed.
The hearing was held at Jacksonville, Florida, on 21 and 30
January 1986. | Appeal No. 2443 | Suspension and Revocation Appeals Authority | 1/5/1987 | 1/5/1987 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2445 - MATHISON | This appeal has been taken in accordance with 46 USC 7702 and
46 CFR 5.701.
By order dated 16 January 1986, an Administrative Law Judge of
the United States Coast Guard at Jacksonville, Florida, suspended
Appellant's license for two months, remitted on twelve months'
probation upon finding proved the charge of misconduct. The
specification found proved alleges that Appellant, while serving as
operator aboard the M/V BELCHER PENSACOLA, under the authority of
the captioned document, on or about 20 July 1984, after an
underwater survey and the unauthorized repair of tank barge Belcher
No. 35 at Key West, Florida, wrongfully failed to make known to
officials designated to enforce inspection laws, at the earliest
opportunity, a marine casualty producing serious injury to said
tank barge in violation of 46 USC 3315.
The hearing was held at Miami, Florida. on 13 March 1985.
At the hearing Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification. | Appeal No. 2445 | Suspension and Revocation Appeals Authority | 3/6/1987 | 3/6/1987 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2447 - HODNETT | This appeal has been taken in accordance with 46 USC 7702 and
46 CFR 5.701.
By order dated 16 January 1986, an Administrative Law Judge of
the United States Coast Guard at Jacksonville, Florida, suspended
Appellant's license for two months, remitted on twelve months'
probation upon finding proved the charge of misconduct. The charge
was supported by two specifications. The first specification found
proved alleges that Appellant, while serving as operator aboard the
M/V BELCHER PENSACOLA, under the authority of the captioned
document, on or about 18 July 1984, wrongfully failed to give
notice as soon as possible to the nearest Coast Guard Marine Safety
Office of the accidental grounding of tank barge Belcher No. 35,
under tow of the BELCHER PENSACOLA, as required by 46 CFR 4.05-1.
The second specification found proved alleges that Appellant, while
acting in the same capacity, on or about 19 July 1984, after an
underwater survey and the unauthorized repair of tank barge Belcher
No. 35 at Key West, Florida, wrongfully failed to make known to
officials designated to enforce inspection laws, at the earliest
opportunity, a marine casualty producing serious injury to said
tank barge. | Appeal No. 2447 | Suspension and Revocation Appeals Authority | 4/10/1987 | 4/10/1987 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2446 - WATSON | This appeal has been taken in accordance with 46 USC 7702 and
46 CFR 5.701.
By order dated 11 July 1986, an Administrative Law Judge of
the United States Coast Guard at St. Louis, Missouri, suspended
Appellant's license for four months outright plus an additional
four months remitted on twelve months' probation upon finding
proved the charge of misconduct. The specification found proved
alleges that on or about September 1, 1985, Appellant, while
serving as operator aboard the M/V ETTA KELCE, under the authority
of the captioned document, failed to post a proper lookout, a
violation of Rule 5 of the Inland Rules of the Road, at
approximately Mile 44 on the Kanawha River, West Virginia.
The hearing was held at St. Louis, Missouri on 15 April 1986.
At the hearing Appellant was represented by professional
counsel and denied the charge and specifications.
The Investigating Officer introduced in evidence four exhibits
and the testimony of two witnesses. | Appeal No. 2446 | Suspension and Revocation Appeals Authority | 3/19/1987 | 3/19/1987 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2436 - STAFFNEY | This appeal has been taken in accordance with 46 USC 7702 and
46 CFR 5.701.
By order dated 1 November 1985, an Administrative Law Judge of
the United States Coast Guard at Jacksonville, Florida, suspended
Appellant's license for one month, remitted on three months'
probation, upon finding proved the charge of misconduct. The first
specification found proved alleges that Appellant, under the
authority of the captioned license, between 22 and 27 January 1985,
wrongfully operated the vessel ZENOVIA carrying passengers for hire
while the vessel was documented exclusively for pleasure, in
violation of 46 CFR 67.45-19. The second specification found
proved alleges that Appellant, under the authority of the captioned
license, during the same time period, wrongfully operated the
ZENOVIA carrying passengers for hire while liquified petroleum gas
was used, in violation of 46 CFR 25.45-1(a), 46 CFR 147.03-11 and
46 CFR 147.05-100 Table S. | Appeal No. 2436 | Suspension and Revocation Appeals Authority | 10/14/1986 | 10/14/1986 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2444 - RABATSKY | This appeal has been taken in accordance with 46 USC 7702 and 46
CFR 5.701.
By order dated 11 July 1986, an Administrative Law Judge of the
united States Coast Guard at St. Louis, Missouri, suspended Appellant's
license for three months remitted on twelve months' probation upon
finding proved the charge of misconduct. The specification found proved
alleges that on or about June 26, 1985, Appellant, while serving as
operator aboard the M/V JOHN M. SELVICK, under the authority of the
captioned document, operated the vessel and two on Lake Michigan during
a period of darkness without ensuring that the tow was equipped with
adequate navigational sidelights as required by Rules 22 and 24 of the
Inland Navigational Rules.
The hearing was held at Chicago, Illinois on 20 March 1986.
At the hearing Appellant was represented by professional counsel
and denied the charge and specification.
The Investigating Officer introduced in evidence ten exhibits and
the testimony of one witness. | Appeal No. 2444 | Suspension and Revocation Appeals Authority | 2/10/1987 | 2/10/1987 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2388 - MANLEY | This appeal has been taken in accordance with 46 USC 239(g)
and 46 CFR 5.30-1.
By order dated 30 December 1982, an Administrative Law Judge
of the United States Coast Guard at Houston, Texas revoked
Appellant's seaman's document upon finding him guilty of the charge
of "conviction for a narcotic drug law violation." The
specification found proved alleges that being the holder of the
document above captioned, on or about 5 June 1981, Appellant was
convicted of possession of marijuana by the County Court of Harris
County, Texas.
The hearing was held at Houston, Texas on 12 November 1982.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced in evidence the record of
Appellant's conviction on 5 June 1981.
In defense, Appellant made several motions related to the
admissibility of the court records, the legal effect of the Texas
conviction, and the legal adequacy of the Coast Guard proceeding. | Appeal No. 2388 | Suspension and Revocation Appeals Authority | 4/24/1985 | 4/24/1985 | | 12/7/2017 |
| Suspension and Revocation Appeals Authority | 2608 - SHEPARD | This appeal has been taken in accordance with 46 USC § 7702 and 46 CFR § 5.701.
By Final Decision and Order dated December 8, 1997, the Chief Administrative Law Judge
("ALJ") of the United States Coast Guard at Tampa, Florida, revoked
Mr. Charles R. Shepherd’s ("Appellant") license and document based upon findings proved the
charges of use of a dangerous drug, misconduct, and violation of law. The use of a dangerous
drug charge was supported by one specification which was found proved. The misconduct charge
was supported by six specifications, which were found proved. One specification was found not
proved and five other specifications were dismissed with prejudice. The violation of law charge
was supported by two specifications, which the first specification was found proved. The second
specification was found not proved.
The hearing was held on May 22, 1997, and June 27, 1997, at the U.S. Coast Guard’s Marine
Safety Office, 155 Columbia Drive, Tampa, Florida. Appellant entered a response denying each
charge and specification.
During the course of the hearing the Coast Guard Investigating Officer (I. O.) introduced into
evidence the testimony of seven (7) witnesses and twenty-six (26) exhibits. In defense, Appellant
entered into evidence the testimony of four (4) witnesses and nineteen (19) exhibits. | Appeal No. 2608 | Suspension and Revocation Appeals Authority | 6/24/1999 | 6/24/1999 | | 11/28/2017 |
| Suspension and Revocation Appeals Authority | 2117 - AGUILAR | This appeal has been taken in accordance with 46 United States
Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 9 March 1977, an Administrative Law Judge of
the United States Coast Guard at New York, New York, suspended
Appellant's seaman's documents for twelve months outright plus
twelve months on twelve months' probation upon finding him guilty
of misconduct. The specifications found proved allege that while
serving as AB seaman on board SS SANTA CLARA under authority of the
document above captioned, Appellant:
(1) at about 0315, 31 July 1976, at Cartagena, Colombia,
wrongful fail to turn to for assigned undocking duties;
(2) on 31 July 1976, at sea, wrongfully fail to
performdutieson the 0400-0800 watch;
(3) on 1 August 1976, at Cristobal, C.Z., wrongfully fail to
turn to for undocking duties and to perform on the 1600-2000
watch.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and each
specification.
The Investigating Officer introduced in evidence voyage
records of SANTA CLARA. | Appeal No. 2117 | Suspension and Revocation Appeals Authority | 4/11/1978 | 4/11/1978 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2195 - FORREST | This appeal has been taken in accordance with 46 United States
Code 239(g) and CFR 5.30-1.
By order dated 25 May 1978, an Administrative Law Judge of the
United States Coast Guard at Norfolk, Virginia, after a hearing at
Norfolk, Virginia, on 25 April 1978, suspended Appellant's Merchant
Mariner's Document for a period of two months on probation for 12
months upon finding him guilty of negligence. The specification of
negligence was found proved in part. The specification alleges
that Appellant, while serving as Tankerman aboard T/B ATC-133,
under authority of the captioned document, did, on or about 26
February 1978, wrongfully fail to secure the Tank Barge ATC-133
properly for sea.
At the hearing, Appellant was represented by professional
counsel. Appellant entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced into evidence the
testimony of to witnesses, one document, and 13 photographs.
Appellant rested without introducing any evidence. | Appeal No. 2195 | Suspension and Revocation Appeals Authority | 3/26/1980 | 3/26/1980 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2191 - BOYKIN | This appeal has been taken in accordance with 46 United States
Code 239(g) and CFR 5.300-1.
By order dated 16 January 1978, an Administrative Law Judge of
the United States Coast Guard at Galveston, Texas, revoked
Appellant's seaman's documents upon finding him mentally
incompetent. The specifications alleged that Appellant, while
serving as ordinary seaman on board SS MARINE CHEMICAL TRANSPORTER
under authority of the document above captioned, did on or about 8
August 1979, wrongfully assault the Chief Mate by threatening him
with a tank top ratchet wrench.
The hearing was held at Galveston, Texas, on 13 October 1977
and 14 November 1977.
At the hearing, Appellant was represented by counsel and
entered a plea of not guilty to the charge and specification.
The Investigating Officer introduced in evidence voyage
records, the testimony of witnesses, given both in person and by
stipulation, and certain medical records.
In defense, Appellant offered in evidence both written and oral testimony of witnesses.
After the hearing, the Administrative Law Judge rendered a
written decision in which he concluded that the charge and
specification had not been proved. He concluded that the Appellant
was mentally incompetent at the time of the assault. He
additionally concluded that Appellant was not fit for duty because
he was required to remain on medication. He then served a written
order on Appellant revoking all documents issued to Appellant.
The entire decision was served on 17 January 1978. Appeal was
timely filed on 16 February 1978 and perfected on 18 July. | Appeal No. 2191 | Suspension and Revocation Appeals Authority | 3/24/1980 | 3/24/1980 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2432 - LEON | This appeal has been taken in accordance with 46 U.SC. 7702
and former 46 CFR 5.30-1 (currently 46 CFR Part 5, Subpart J).
By order dated 18 June 1985, an Administrative Law Judge of
the United States Coast Guard at Norfolk, Virginia, revoked
Appellant's merchant mariner's document upon finding proved a
charge of misconduct. The charge was supported by three
specifications which alleged that appellant, while serving as A.B.
on board the S.S. STONEWALL JACKSON, on or about 1 February 1985
wrongfully failed to perform his duty as lookout by being asleep on
watch; on or about 3 February 1985 wrongfully failed to perform his
duty as lookout by not timely relieving the watch; and on or about
19 February 1985 had in his possession marijuana.
The hearing was held at Norfolk, Virginia, on 19 March, 2
April, 24 April, 15 May, and 21 May 1985. At the hearing,
Appellant was represented by professional counsel and entered a
plea of not guilty to the charges and supporting specifications.
The Investigating Officer introduced in evidence five exhibits
and the testimony of one witness. In defense, Appellant testified
on his own behalf, and introduced in evidence one exhibit and the
testimony of one additional witness. | Appeal No. 2432 | Suspension and Revocation Appeals Authority | 9/4/1986 | 9/4/1986 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2356 - FOSTER | This appeal has been taken in accordance with 46 U.S.C.239(g)
and 46 CFR 5.30-1.
By order dated 13 July 1981, an Administrative Law Judge of
the United States Coast Guard, at Long Beach, California, revoked
Appellant's seaman's license upon finding him guilty of misconduct.
The specifications found proved allege that while serving as
Operator aboard the M/V CHARGER, under the authority of the above
captioned license, on or about 24 and 25 April 1981 Appellant
wrongfully: operated the vessel while under the influence of
intoxicating beverages while carrying passengers; molested one or
more female passengers by using improper an suggestive language and
placing his hands on their private parts in a lewd and lascivious
manner against the female passengers' will; and used a narcotic
drug by smoking a marijuana cigarette.
The hearing was held at Honolulu, Hawaii on 14 May 1981. At
the hearing, Appellant was represented by professional counsel and
entered a plea of not guilty to the charge and to each
specification. | Appeal No. 2356 | Suspension and Revocation Appeals Authority | 6/5/1984 | 6/5/1984 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2336 - SAMPSON | This appeal has been taken in accordance with 46 U.S.C.239(g)
and 46 CFR 5.30-1.
By order dated 13 April 1982, an Administrative Law Judge of
the United States Coast Guard at Tampa, Florida revoked Appellant's
seaman's license upon finding him guilty of incompetence. The
specification found proved alleges that Appellant while serving as
Operator on board the United States S/V LA GRINGA, O.N. 530918,
under authority of the license above captioned, did during the year
1981, operate said vessel from St. Petersburg Municipal Marina
Tampa Bay, Florida, while physically incompetent because of
inadequate vision.
The hearing was held at Tampa, Florida, on 12 February 1982
and on 13 April 1982. At the hearing, Appellant elected to act as
his own counsel and entered a plea of not guilty to the charge and
single specification thereunder
The Investigating Officer introduced in evidence seven
exhibits, one of which, Exhibit 1, was a stipulation of fact signed
by both the Investigating Officer and the Appellant. | Appeal No. 2336 | Suspension and Revocation Appeals Authority | 12/9/1983 | 12/9/1983 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2345 - CRAWFORD | This appeal has been taken in accordance with 46 U.S.C.239(g)
and 46 CFR 5.30-1.
By order dated 10 November 1982, and Administrative Law Judge
of the United States Coast Guard at New York, N.Y.suspended
Appellant's seaman's documents for 12 months, upon finding him
guilty of misconduct. The specification found proved alleges that
while serving as Third Assistant Engineer on board the S.S. SANTA
BARBARA under authority of the document and license above
captioned, on or about 29 August 1982, Appellant assaulted and
battered a fellow crewmember, James W. PARRISH, with a dangerous
weapon, a wheel wrench.
The hearing was held at New York, N.Y. on 27 October 1982.
At the hearing, Appellant neither appeared nor was he
represented by counsel. The Investigating Officer testified to
jurisdictional facts concerning service of charges on Appellant and
notice to Appellant of the date of the hearing. A plea of not
guilty to the charge and specification was entered on his behalf by
the Administrative Law Judge and the hearing proceeded in absentia. | Appeal No. 2345 | Suspension and Revocation Appeals Authority | 3/27/1984 | 3/27/1984 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2471 - BARTLETT | This appeal has been taken in accordance with 46 U.S.C.
SS7702 and 46 CFR SS5.701.
By his order dated 16 June 1987, an Administrative Law Judge
of the United States Coast Guard at Los Angeles/Long Beach,
California, revoked Appellant's License and Document upon finding
proved the charge of misconduct. The three specifications
thereunder found proved allege that Appellant, while serving
under the authority ofthe captioned document and license, on bard
the SS PRESIDENT F.D. ROOSEVELT: (1) on 11 August 1986,
wrongfully had in his possession Valium (Diazepam); (2) on 11
August 1986, wrongfully attempted to enter the room of a
crewmember; and (3) on 18 August 1986, wrongfully falsified a
government document by giving false information regarding his
prior record when seeking to upgrade his license.
The hearing was held at Long Beach, California on 16
December 1986, 8 and 29 January 1987, and on 18 February 1987.
At the hearing, Appellant was represented by professional counsel
and entered an answer of deny to the charge and specifications. | Appeal No. 2471 | Suspension and Revocation Appeals Authority | 10/6/1988 | 10/6/1988 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2539 - HARRISON | This appeal has been taken in accordance with 46 U.S.C.
Section 7702 and 46 C.F.R. Section 5.701.
By Order dated 21 December 1990, an Administrative Law
Judge of the United States Coast Guard at Baltimore, Maryland,
suspended Appellant's Merchant Mariner's License for a period
of seven months (outright) upon finding proved the charge of
negligence.
The specification supporting the charge alleged that, on
28 July 1990, Appellant, while serving as operator under the authority of License No. 622115, negligently left the helm of the
M/V BUDDY PLAN unattended, resulting in an allision with a fixed
aid to navigation, sinking said vessel and injuring passengers
and crew.
The hearing was held at Baltimore, Maryland on 12 December
1990. Appellant represented himself at the hearing. The
Investigating Officer offered into evidence five exhibits and
introduced the testimony of six witnesses. Appellant offered
into evidence one exhibit and introduced the testimony of one
witness. In addition, Appellant's Merchant Mariner's Personnel
Record was marked as Judge's Exhibit No. 1. | Appeal No. 2539 | Suspension and Revocation Appeals Authority | 5/11/1992 | 5/11/1992 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2536 - JACQUE | This appeal has been taken in accordance with 46 U.S.C.
7703 and 46 C.F.R. 5.701.
By an order dated 9 May 1991, an Administrative Law Judge of
the United States Coast Guard at Alameda, California, revoked
Appellant's Merchant Mariner's License and Document upon finding
proved the charge and specification of violating 46 U.S.C. 7704
by using a controlled substance, cocaine. The specification
found proved alleges that Appellant, while the holder of the
above-captioned license and document, did, on or about 12 July
1990 have cocaine metabolite present in his body as revealed through a drug screening test. Appellant submitted an answer of
deny to the charge and specification.
Appellant was fully advised by the Administrative Law Judge
that if the charge were found proved, an order of revocation
would be required unless Appellant provided satisfactory evidence
of cure. No evidence of cure was submitted by Appellant.
Accordingly, the Administrative Law Judge found the charge and
specification proved and entered an order of revocation.
On 6 June 1991, Appellant petitioned the Administrative Law
Judge to reopen the hearing to enable Appellant to submit
evidence of cure. The petition was subsequently denied by a
ruling of the Administrative Law Judge on 2 July 1991. On 16
July 1991, Appellant submitted a notice of appeal. On 13
September 1991, Appellant received the transcript of the
proceedings and on 24 October 1991, Appellant filed a supporting
appellate brief with the Commandant, thus perfecting his appeal.
Accordingly, this matter is properly before the Commandant for
review. | Appeal No. 2536 | Suspension and Revocation Appeals Authority | 2/18/1992 | 2/18/1992 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2540 - ALFOLDI | This appeal has been taken in accordance with 46 U.S.C.
7703 and 46 C.F.R. 5.701.
By an order dated 20 April 1983, an Administrative Law Judge
of the United States Coast Guard at Seattle, Washington, revoked
Appellant's Merchant Mariner's License upon finding proved the
charges and specifications of violating a federal regulation and
committing misconduct. The first charge and specification found
proved alleges that Appellant wrongfully and willfully acted as
master, in a capacity beyond the scope of his license, in violation of 46 C.F.R. 157.30-10(b), aboard the F/V LADY
PACIFIC, O. N. 636 981, while the vessel sailed from Kodiak,
Alaska to Seattle, Washington from 25 October 1982 through 31
October 1982. The second charge and specification found proved
alleges that Appellant committed misconduct in that he operated
the F/V LADY PACIFIC on the same trip with crew members not
possessing valid certificates of service or merchant mariner's
documents, thereby violating 46 C.F.R. 12.02-7(c)(1).
The hearing was held in absentia pursuant
to 46 C.F.R. 5.20-25 at Seattle, Washington on 30 March 1983.
The Investigating Officer introduced the testimony of one witness
and eleven exhibits into evidence.
At the conclusion of the hearing, the Administrative Law
Judge found that the charges and specifications had been proved
and entered an order revoking Appellant's license. | Appeal No. 2540 | Suspension and Revocation Appeals Authority | 5/11/1992 | 5/11/1992 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2377 - HICKEY | This appeal has been taken in accordance with 46 U.S.C.
7702(b) and 46 CFR 5.30-1.
By order dated 9 May 1984, an Administrative Law Judge of the
United States Coast Guard at Portland, Maine revoked Appellant's
seaman's document and license upon finding him guilty of the charge
of "conviction for a dangerous drug law violation." The
specification found proved alleges that being the holder of the
documents above captioned, on or about 23 March 1984, Appellant was
convicted in the United States District Court for the District of
Maine for conspiring to import large quantities of marijuana into
the United States.
At the hearing, Appellant was represented by professional
counsel and entered a plea of guilty to the charge and
specification.
The Investigating Officer introduced in evidence 2 exhibits.
In defense, Appellant offered in evidence 6 exhibits and his
own testimony.
At the end of the hearing, the Administrative Law Judge
rendered an oral decision in which he concluded that the charge and
specification had been proved by plea. He then entered an order
revoking the merchant mariner's license and document issued to
Appellant. | Appeal No. 2377 | Suspension and Revocation Appeals Authority | 2/7/1985 | 2/7/1985 | | 12/7/2017 |
| Suspension and Revocation Appeals Authority | 2385 - CAIN | This appeal has been taken in accordance with 46 U.S.C.
7702(b) and 46 CFR 5.30-1.
By order dated 5 June 1984, an Administrative Law Judge of the
United States Coast Guard at Seattle, Washington, revoked
Appellant's seaman's document upon finding proved the charge of
conviction for a dangerous drug law violation. The specification
found proved alleged that while being the holder of the
above-captioned document, on or about 3 September 1975, Appellant
was convicted in the Superior Court of King County, Washington, a
court of record, for the possession of heroin.
The hearing was held at Seattle, Washington, on 5 June 1984.
At the hearing, Appellant elected to act as his own counsel,
with the assistance of non-professional counsel, and entered a plea
of guilty to the charge and specification.
The Investigating Officer introduced in evidence six exhibits. | Appeal No. 2385 | Suspension and Revocation Appeals Authority | 3/20/1985 | 3/20/1985 | | 12/7/2017 |
| Suspension and Revocation Appeals Authority | 2412 - LOUVIERE | This appeal has been taken in accordance with 46 U.S.C.
7702(b) and 46 CFR 5.30-1.
By order dated 23 January 1984, an Administrative Law Judge of
the United States Coast Guard at Houston, Texas, suspended
Appellant's seaman's license and document for a period of two
months plus an additional three months on six months' probation
upon finding proved a charge of negligence and a charge of
misconduct. The specifications supporting these two charges allege
that Appellant, while serving as operator of the M/V EDGAR BROWN,
JR., under the authority of the captioned documents, on or about 24
November 1983, negligently navigated the vessel at approximately
Mile 285 of the Gulf Intracoastal Waterway, thereby contributing to
a collision between his vessel and the T/B AMOCO VIRGINIA; and
that, on the same date, he wrongfully failed to arrange a proper
meeting situation with the M/V AMOCO ATLANTA at approximately Mile
285 of the Gulf Intracoastal Waterway.
The hearing was held at Port Arthur, Texas, on 22 December
1983.
At the hearing Appellant was represented by professional
counsel and entered pleas of not guilty to both charges and
specifications. | Appeal No. 2412 | Suspension and Revocation Appeals Authority | 10/18/1985 | 10/18/1985 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2408 - BROWN | This appeal has been taken in accordance with 46 U.S.C.
7702(b) and 46 CFR 5.30-1.
By order dated 22 April 1985, an Administrative Law Judge of
the United States Coast Guard at Jacksonville, Florida, revoked
Appellant's motorboat operator's license upon finding proved the
charge of conviction of a dangerous drug law violation. The
specification found proved alleged that while being the holder of
the above captioned license, on or about 21 December 1981,
Appellant was convicted in the Circuit Court of Monroe County,
Florida, a court of record, for possession of marijuana. The
Administrative Law Judge also found proved a second charge of
misconduct and its supporting specification which alleged that
Appellant, while serving under the authority of his license, on or
about 19 August 1982, wrongfully made a fraudulent statement in his
application for license renewal by answering "no" to the question:
"Have you been convicted by any court - including military court -
for other than a minor traffic violation?"
The hearing was held at Miami, Florida, on 15 March 1985 and
9 April 1985. | Appeal No. 2408 | Suspension and Revocation Appeals Authority | 10/2/1985 | 10/2/1985 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2368 - MADJIWITA | This appeal has been taken in accordance with 46 U.S.C.
7702(b) and 46 CFR 5.30-1.
By order dated 16 March 1984, an Administrative Law Judge of
the United States Coast Guard at St. Louis, Missouri suspended
Appellant's license for two months, plus three months on twelve
months' probation, upon finding him guilty of negligence. The
specification found proved alleges that while serving as pilot on
board the Panamanian vessel, the M/V PASSAT, under the authority of
the license above captioned, on or about 17 August 1983, Appellant
negligently failed to insure that there was adequate clearance
between the vessel's #4 cargo hatch boom and the Tower Drive
Bridge, which spans the Fox River at Green Bay, Wisconsin, prior to
transiting beneath the bridge, causing the boom to strike the
bridge.
The hearing was held at Sturgeon Bay, Wisconsin on 25 August
1983.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification. | Appeal No. 2368 | Suspension and Revocation Appeals Authority | 8/14/1984 | 8/14/1984 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2379 - DRUM | This appeal has been taken in accordance with 46 U.S.C.
7702(b) and 46 CFR 5.30-1.
By order dated 14 November 1983, Administrative Law Judge of
the united States Coast Guard at St. Louis, Missouri, suspended
Appellant's license for one month plus an additional two months
remitted on twelve months' probation upon finding him guilty of
negligence. The specification found proved alleges that while
serving as Operator aboard the M/V DAVID ESPER under the authority
of the above captioned license, Appellant did, on or about 9 May
1983, while pushing twelve loaded coal barges downbound on the Ohio
River, fail to navigate his vessel so as to avoid alliding with the
Big Four Railroad Bridge at approximately mile 603 on the Ohio
River.
The hearing was held at St. Louis, Missouri, on 12 July 1983.
At the hearing Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification. | Appeal No. 2379 | Suspension and Revocation Appeals Authority | 2/8/1985 | 2/8/1985 | | 12/7/2017 |
| Suspension and Revocation Appeals Authority | 2409 - PLACZKIEWICZ | This appeal has been taken in accordance with 46 U.S.C.
7702(b) and 46 CFR 5.30.
By order dated 14 September 1984, an Administrative Law Judge
of the United States Coast Guard at Norfolk, Virginia, suspended
Appellant's license for ten months and eighteen days upon finding
proved the charge of negligence. The specification found proved
alleges that while serving as operator on board the uninspected
passenger vessel M/V DEEP SPIN, under authority of his license, on
or about 26 June 1984, Appellant failed to navigate the vessel with
due regard for existing conditions, while approaching a bend in the
Toussaint Channel, causing the vessel to ground.
The hearing was held at Toledo, Ohio, on 9 August and 12
September 1984.
At the hearing, Appellant was represented by professional
counsel. He entered a plea of not guilty to the charge and
specification. | Appeal No. 2409 | Suspension and Revocation Appeals Authority | 10/2/1985 | 10/2/1985 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2367 - SPENCER | This appeal has been taken in accordance with 46 U.S.C.
7702(b) and 46 CFR 5. 30-1.
By order dated 12 September 1983, an Administrative Law Judge
of the United States Coast Guard at St. Louis, Missouri, suspended
Appellant's mariner's license for two months, plus two months on
twelve months' probation, upon finding him guilty of negligence.
The specification found proved alleges that while serving as
Operator on board the United States M/V RUST FLOWERS, under
authority of the above captioned license, at or about 1955, 14
April 1983, Appellant did cause his tow to allide with the tank
barge CE-64, the crane barge number 2, the freight barge VL-361,
and the freight barge PB-142, while they were moored at the
National Marine Services repair facility, mile 196.6, upper
Mississippi River.
The hearing was held at St. Louis, Missouri, on 4 May 1983,
and 1 June 1983. At the hearing, Appellant was represented by
professional counsel and entered a plea of not guilty to the charge
and specification. | Appeal No. 2367 | Suspension and Revocation Appeals Authority | 7/17/1984 | 7/17/1984 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2551 - LEVENE | This appeal has been taken in accordance with 46 U.S.C.
7702 and 46 C.F.R. 5.707.
BACKGROUND
By order dated September 25, 1992, an Administrative Law
Judge of the United States Coast Guard at New York, New York
revoked Appellant's seaman's documents upon finding proved the
charges of misconduct and violation of law. The misconduct
charge, supported by two specifications, alleged that Appellant,
while serving as Second Assistant Engineer aboard the S/S
RESOLUTE, Official Number D612715, on or about June 30, 1991,
while the vessel was at sea, wrongfully (1) assaulted and
battered the Third Assistant Engineer, William P. Jeuvelis, by
strangling him with a strand of wire, and (2) assaulted another
crewmember, Franklin Sesenton, by threatening him with a steel pipe. The violation of law charge, also supported by two
specifications, alleged that Appellant wrongfully (1) operated
the vessel while intoxicated, in violation of 33 C.F.R.
95.045(b), and (2) refused to be tested for evidence of dangerous
drugs and alcohol use, in violation of 33 C.F.R.
95.040.
The Administrative Law Judge issued his decision and order on
September 25, 1992. On October 22, 1992, Appellant filed a
notice of appeal. On November 25, 1992, Commandant (G-MMI)
extended the time for Appellant to file a completed appeal to
December 21, 1992. Appellant timely submitted his completed
appeal and, accordingly, this appeal is properly before the
Commandant for review. | Appeal No. 2551 | Suspension and Revocation Appeals Authority | 8/27/1993 | 8/27/1993 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2571 - DYKES | This appeal has been taken in accordance with 46 U.S.C.
7702 and 46 C.F.R. 5.701.
By order dated September 7, 1993, an Administrative Law Judge of the United States Coast Guard at Mobile, Alabama, revoked Appellant's duly issued Coast Guard license and
merchant mariner's document upon finding a use of dangerous
drugs charge proved. The single specification supporting the
charge alleged that Appellant, while being the holder of the
above captioned documents, was found to be a user of dangerous
drugs, to wit: marijuana, as a result of chemical tests
conducted on a urine sample he provided on or about March 31,
1993.
The hearing was held at Mobile, Alabama, on August 27,
1993. At the hearing, Appellant, after being advised of the right to
have counsel represent him, chose to represent himself.
Appellant answered "no contest" to the charge and its supporting
specification. | Appeal No. 2571 | Suspension and Revocation Appeals Authority | 11/6/1995 | 11/6/1995 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2550 - RODRIQUES | This appeal has been taken in accordance with 46 U.S.C.
7702 and 46 C.F.R. 5.701.
By order dated September 25, 1991, an Administrative Law
Judge (Judge) of the United States Coast Guard at New York, New
York suspended Appellant's Coast Guard issued License and
Merchant Mariner's Document for a period of four months, remitted
on eight months probation, upon finding proved a charge of
negligence and one of three supporting specifications.
The proven specification alleges that, during an outbound
voyage on the evening of December 4, 1990, Appellant, while
serving as Pilot under the authority of the captioned documents,
negligently failed to maintain the M/V NANTUCKET, Official Number
556196, within the navigable limits of Lewis Bay Channel,
Nantucket Sound, Massachusetts.
A hearing on this matter was held at Providence, Rhode
Island on May 8, 1991. Appellant appeared with his Counsel,
William Hewig III, Esq. On the advice of Counsel, Appellant
denied the charge and its three supporting specifications. The Investigating Officer offered into evidence twelve exhibits and
introduced the testimony of five witnesses. Appellant offered
into evidence two exhibits and introduced the testimony of one
witness.
The Judge's written Decision and Order was issued
on September 25, 1991, and served on Appellant on September 30,
1991. Appellant filed a notice of appeal on October 3, 1991,
pursuant to 46 C.F.R. 5.703. Appellant filed the completed
appeal on November 22, 1991. Accordingly, this appeal is
properly before the Vice Commandant for review. | Appeal No. 2550 | Suspension and Revocation Appeals Authority | 6/28/1993 | 6/28/1993 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2554 - DEVONISH | This appeal has been taken in accordance with 46 U.S.C.
7702 and 46 C.F.R. 5.701.
By order dated November 6, 1991, an Administrative Law Judge
of the United States Coast Guard at New York, New York
revoked Appellant's merchant mariner's document upon finding a
use of dangerous drugs charge proved. The single
specification supporting the charge alleged that Appellant, while
being the holder of a merchant mariner's document, was tested on
or about December 28, 1990, and found to be a user of cocaine.
The hearing was held at New York, New York on May 20 and 31,
1991. At the hearing, Appellant, after being advised of the
right to have counsel represent him, chose to represent himself.
Appellant then denied the charge and its supporting
specification. During the hearing, the Investigating Officer introduced in
evidence seven exhibits, and the testimony of three witnesses.
In defense, Appellant offered in evidence sixteen exhibits, and
his own sworn testimony.
After the hearing, the Administrative Law Judge rendered a
decision in which he concluded that the charge and specification
had been found proved. On November 6, 1991, he issued a written
order revoking Appellant's Coast Guard issued Merchant Mariner's
Document No.(REDACTED).
Appellant timely filed an appeal on December 5, 1991 and, after
receiving an extension, timely completed his appeal on March 23,
1992. Therefore, this appeal is properly before the Commandant
for review. | Appeal No. 2554 | Suspension and Revocation Appeals Authority | 1/4/1994 | 1/4/1994 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2574 - JONES | This appeal has been taken in accordance with 46 U.S.C.
7702 and 46 C.F.R. 5.701.
By order dated March 25, 1993, an Administrative Law Judge
of the United States Coast Guard at Seattle, Washington,
suspended appellant's license for two months, remitted upon nine
months probation, upon finding a negligence charge proved. The single specification supporting the charge alleged that
Appellant, while serving as the master of the charter boat MYRNA
BEA VII, did on July 22, 1992, navigate the vessel in such a
manner as to cause the vessel to ground on Roland Bar Rapid in
the Snake River.
At the hearing held at Lewiston, Idaho, on January 27,
1993, Appellant was represented by counsel. On counsel's
advice, Appellant denied the charge and its supporting
specification.
During the hearing, the Coast Guard Investigating Officer
introduced into evidence one exhibit and the testimony of two
witnesses.
In defense, Appellant offered into evidence four exhibits
and the testimony of two witnesses. | Appeal No. 2574 | Suspension and Revocation Appeals Authority | 1/22/1996 | 1/22/1996 | | 11/28/2017 |
| Suspension and Revocation Appeals Authority | 2569 - TAYLOR | This appeal has been taken in accordance with 46 U.S.C.
7702 and 46 C.F.R. 5.701.
By order dated June 16th, 1993, an Administrative Law Judge (ALJ)
of the United States Coast Guard at Houston, Texas, revoked
Appellant's merchant mariner's document (MMD) upon finding proved
a charge of misconduct. The charge was supported by a total of four specifications. The first three specifications alleged that
Appellant, while serving as able seaman aboard the M/V THUNDER,
under authority of his document, on or about November 6, 1992,
failed to return to the vessel by the time ordered; was
wrongfully absent from his duties without authority; and
wrongfully failed to perform his duties. The fourth
specification alleged that Appellant, while acting under the
authority of his MMD, submitted a fraudulent application for a
supplemental MMD on or about June 4, 1992 by answering "No" to
the question asking if he had been convicted for other than minor
traffic offenses, when in fact he had three "DWI" convictions and
12 other assorted convictions.
A hearing was held at Houston, Texas, on May 25, 1993.
Appellant was present at the hearing and represented himself
throughout the proceedings. | Appeal No. 2569 | Suspension and Revocation Appeals Authority | 7/25/1995 | 7/25/1995 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2565 - COULON | This appeal has been taken in accordance with 46 U.S.C.
7702 and 46 C.F.R. 5.701.
By order dated July 6, 1993, an Administrative Law Judge of
the United States Coast Guard at New Orleans, Louisiana,
suspended Appellant's seaman's license for three months. The
suspension was based on a finding of proved the charge of
negligence. The specification supporting the charge alleges,
that while serving as captain aboard the M/V EARLY BIRD on
August 23, 1992, the appellant negligently failed to take prudent
action by wrongfully mooring to West Delta block 45G, a Conoco
oil and gas platform, and failing to adhere to the posted sign that read, quote, "Blow-down, do not tie up."
The hearing was held at New Orleans, Louisiana, on
13 January and 2 March 1993. Appellant was represented at the
hearing by professional counsel. At the hearing, Appellant
entered an answer of "deny" to the specification and the charge.
The Investigating Officer introduced four exhibits and the
testimony of two witnesses into evidence. In defense, the
Appellant offered seven exhibits in evidence, the testimony of
three witnesses, and his own testimony.
After the hearing, the Administrative Law Judge rendered a
decision in which he concluded that the charge and specification
had been found proved. He served a written order on Appellant
suspending license No. 601260 and all other licenses issued to
the Appellant by the Coast Guard for a period of three months.
The entire decision was served on July 6, 1993. Appeal was
timely filed.
APPEARANCE: Attorney David E. Cole of Marrero, Louisiana. | Appeal No. 2565 | Suspension and Revocation Appeals Authority | 4/11/1995 | 4/11/1995 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2573 - JONES | This appeal has been taken in accordance with 46 U.S.C.
7702 and 46 C.F.R. 5.701.
By order dated July 13, 1993, an Administrative Law Judge
of the United States Coast Guard at Morgan City, Louisiana,
revoked appellant's license and merchant mariner's document upon
finding a misconduct charge proved. The three specifications
supporting the charge alleged that Appellant, while serving as the operator of three different towing vessels, did, without
consent, on three occasions, i.e., on or about August 29, 1992,
July, 1990, and August, 1990, act in a perverse manner by
fondling the anal area or genitals of the deck hand on each of
the three vessels.
At the initial hearing on April 7, 1993, the Appellant
appeared without counsel. In response to the Administrative Law
Judge's inquiries, the Appellant indicated he wanted
representation by professional counsel. Appropriately, on his
own motion, the Administrative Law Judge continued the hearing
until April 28, 1993, to allow Appellant to obtain
representation. At the April 28, 1993, hearing, and thereafter,
the Appellant has been represented by counsel. On counsel's
advice, Appellant denied the charge and its supporting
specifications. During the hearing, the Coast Guard Investigating
Officer introduced into evidence six exhibits and the testimony
of three witnesses. In defense, the Appellant and his wife
testified. | Appeal No. 2573 | Suspension and Revocation Appeals Authority | 1/17/1996 | 1/17/1996 | | 11/28/2017 |
| Suspension and Revocation Appeals Authority | 2564 - MANUEL | This appeal has been taken in accordance with 46 U.S.C.
7702 and 46 C.F.R. 5.701.
By order dated February 19, 1993, an Administrative Law
Judge of the United States Coast Guard at Norfolk, Virginia
revoked Appellant's merchant mariner's document. The revocation
was based upon a finding of proved the charge of use of a
dangerous drug. The specification supporting the charge
alleged that on or about September 24, 1992, Appellant failed a
chemical test for dangerous drugs, to wit: marijuana.
The hearing was held at Norfolk, Virginia on January 27,
1993. Appellant did not appear at the hearing. The
Administrative Law Judge found Appellant had been adequately
notified of the date and place of the hearing and proceeded with
the hearing in absentia. The Administrative Law Judge
entered an answer of "deny" to the specification and the charge
alleging use of a dangerous drug.
After the hearing, the Administrative Law Judge rendered a Decision in which he concluded that the charge and specification
had been found proved. He served a written Order on Appellant
revoking merchant mariner's document No. 423-82-9398 and all
other licenses and authorizations issued to Appellant by the
Coast Guard. The Decision and Order was served on June 16, 1993. | Appeal No.2564 | Suspension and Revocation Appeals Authority | 3/24/1995 | 3/24/1995 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2576 - AILSWORTH | This appeal has been taken in accordance with 46 U.S.C.
7702 and 46 C.F.R. 5.701.
By order dated December 3, 1992, an Administrative Law
Judge of the United States Coast Guard at Norfolk, Virginia,
revoked Appellant's merchant mariner's license. The revocation
was based upon finding proved charges of violation of law, negligence, and misconduct. The two specifications supporting
the negligence charge alleged that on September 13, 1991,
Appellant, while acting as master of the towing vessel, M/V
JACQUELINE A, under the authority of the above captioned
license, negligently navigated the vessel resulting in an
allision with a privately owned dock and vessel in the Wicomico
River; and, on that same date, failed to maintain a proper
lookout. The specifications supporting the charge of misconduct
alleged that on September 13, 1991, Appellant wrongfully worked
on his vessel for more than 12 hours in a 24 hour period and
wrongfully failed to give his name,
address, and identification of his vessel to the owner of the
property damaged. The violation of law charge was supported by
a single specification alleging that on October 18, 1991,
Appellant, while acting as master of the towing vessel, M/V
JACQUELINE A, under the authority of the above captioned
license, wrongfully worked for more than 12 hours in a 24 hour
period. The hearing was held at Norfolk, Virginia, on February
11, 12, and 13, 1991. Appellant appeared personally with legal counsel at the hearing. Appellant denied all charges and
specifications. | Appeal No. 2576 | Suspension and Revocation Appeals Authority | 7/7/1996 | 7/7/1996 | | 11/28/2017 |
| Suspension and Revocation Appeals Authority | 2556 - LINTON | This appeal has been taken in accordance with 46 U.S.C.
7702 and 46 C.F.R. 5.701.
By order dated August 10, 1992, an Administrative Law Judge
of the United States Coast Guard at St. Louis, Missouri revoked
Appellant's merchant mariner's document upon finding a use of
dangerous drugs charge proved. The single specification
supporting the charge alleged that Appellant, while being the
holder of a merchant mariner's document, was tested on or about
December 14, 1989, and found to have marijuana cannabinoids
present in his body.
At the hearing held at Portland, Oregon on September 27,
1990, Appellant appeared with counsel. On counsel's advice,
Appellant denied the charge and its supporting specification.
During the hearing, the Coast Guard Investigating Officer
(hereinafter "Investigating Officer") introduced into evidence 10 exhibits, and the testimony of four witnesses. In defense,
Appellant offered into evidence five exhibits, and his own sworn
testimony.
After the hearing, the Administrative Law Judge rendered a
decision in which she concluded that the charge and specification
had been found proved. On August 10, 1992, the Administrative
Law Judge issued a written order revoking Appellant's Coast Guard
issued Merchant Mariner's Document No.(REDACTED).
Appellant timely filed an appeal on August 21, 1992, and,
after receiving an extension, timely completed his appeal on
June 18, 1993. Therefore, this appeal is properly before the
Commandant for review. | Appeal No. 2556 | Suspension and Revocation Appeals Authority | 3/29/1994 | 3/29/1994 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2572 - MORSE | This appeal has been taken in accordance with 46 U.S.C.
7702 and 46 C.F.R. 5.701.
By order dated 28 April 1993, an Administrative Law Judge (ALJ)
of the United States Coast Guard at Houston, Texas, suspended
Appellant's merchant mariner's license outright for three months,
with a further six months' suspension on 24 months' probation, upon finding proved a charge of negligence. The charge was
supported by three specifications. All three specifications
concerned Appellant's actions while serving under the authority
of his license as Master of the small passenger vessel MAALAEA
KAI II, O.N. 900366, on 18 December 1992, while the vessel was
underway off Molokini Crater near the island of Maui, Hawaii.
The three specifications alleged that Appellant failed to take
action to avoid a collision with the vessel IDLE
WILD; failed to sound a danger signal; and failed to keep a safe
distance from the moored dive boat ONELOA which then had divers
in the water. | Appeal No. 2572 | Suspension and Revocation Appeals Authority | 11/17/1995 | 11/17/1995 | | 11/30/2017 |