| Suspension and Revocation Appeals Authority | 2557 - FRANCIS | This appeal has been taken in accordance with 46 U.S.C.
7702 and 46 C.F.R. 5.701.
By an order dated November 19, 1991, an Administrative Law
Judge of the United States Coast Guard at New Orleans, Louisiana
revoked Appellant's license and merchant mariner's document, upon
finding a use of dangerous drugs charge proved. The single
specification supporting the charge alleged that, on or about
January 28, 1991, Appellant was tested and found to be a user of
a dangerous drug, to wit, tetrahydrocannabinol.
The hearing was held at New Orleans, Louisiana on November 6,
1991. Appellant waived his right to representation by
professional counsel and appeared on his own behalf, pro se. Appellant entered an answer of "no contest" to the charge and
specification. The Investigating Officer introduced six exhibits
into evidence, and the Appellant made unsworn statements on his
own behalf. Appellant also produced a document related to his
participation at a drug rehabilitation program. Portions of that
document were read and discussed on the record. | Appeal No. 2557 | Suspension and Revocation Appeals Authority | 5/6/1994 | 5/6/1994 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2559 - NIELSEN | This appeal has been taken in accordance with 46 U.S.C.
7702 and 46 C.F.R. 5.701.
By an order dated May 21, 1992, an Administrative Law Judge
of the United States Coast Guard at Long Beach, California,
revoked Appellant's Merchant Mariner's Document upon finding a
use of a dangerous drug charge proved. The single
specification supporting the charge alleged that Appellant
wrongfully used cocaine as evidenced by the results of a random
screening test administered on or about January 19, 1992.
The hearing was held at Long Beach, California on March 24,
1992. Appellant waived his right to representation by
professional counsel and appeared on his own behalf. Appellant
entered an answer of "no contest" to the charge and specification
as provided in 46 C.F.R. 5.527. The Investigating Officer introduced two exhibits into evidence. The Appellant introduced
no evidence on defense. After the Administrative Law Judge
found the charge and supporting specification proved by the
Appellant's answer of "no contest," one additional Investigating
Officer exhibit and two exhibits from the Appellant were admitted
in aggravation and mitigation.
The Administrative Law Judge's written decision and order
revoking all licenses and documents issued to Appellant was
entered on April 13, 1992. Service of the decision and order was
made on April 23, 1992. Subsequently, on May 5, 1992 the
Appellant filed a petition to reopen the hearing. This petition
was denied on May 21, 1992. On May 19, 1992 Appellant filed a
notice of appeal. After receipt of the hearing transcript,
appellant perfected his appeal by timely filing an appellate
brief on September 3, 1992. | Appeal No. 2559 | Suspension and Revocation Appeals Authority | 1/25/1994 | 1/25/1994 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2563 - EMERY | This appeal has been taken in accordance with 46 U.S.C.
7702 and 46 C.F.R. 5.701.
By an order dated May 12, 1993, an Administrative Law Judge
of the United States Coast Guard at Detroit, Michigan suspended
Appellant's license and merchant mariner's document, upon finding
charges of "Misconduct" and "Violation of Law" proved. The
single specification of the charge of Misconduct alleged that on
August 4, 1992, Appellant reported to his place of employment, in
anticipation of operating a passenger vessel, while being
wrongfully intoxicated. The single specification supporting the
charge of Violation of Law alleged that on or about September 20,
1991, Appellant was convicted in Michigan State Court of driving
while intoxicated.
A hearing was held at Detroit, Michigan on April 1, 1993. Appellant entered an answer of "No Contest" to the charge of
Misconduct. As to the charge of Violation of Law, the Appellant
admitted the facts asserted and that they constitute a violation
of law under 205(a)(3)(A) of the National Drivers Register Act
of 1982 (23 U.S.C. 401 note), an offense described in 46 U.S.C.
7703(3) as a basis for suspension or revocation of a merchant
mariner's license or document. However, the Appellant contended
that 46 U.S.C. 7703(3) was unconstitutional and asked the court
to note his position for purposes of appeal. The Administrative
Law Judge stated he had no jurisdiction to rule on constitutional
issues, and noted the issue for appeal. The Investigating
Officer introduced seven exhibits into evidence. | Appeal No. 2563 | Suspension and Revocation Appeals Authority | 2/28/1995 | 2/28/1995 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2537 - CHATHAM | This appeal has been taken in accordance with 46 U.S.C.
7702 and 46 C.F.R. 5.701.
By an order dated 9 October 1991, an Administrative Law
Judge of the United States Coast Guard at New York, New York,
revoked Appellant's License and Merchant Mariner's Document upon
finding proved the charge of use of dangerous drugs. The single
specification supporting the charge alleged that, on or about 21
January 1991, Appellant wrongfully used marijuana as evidenced in
a urine specimen collected on that date which subsequently tested
positive for the presence of marijuana.
The hearing was held at New York, New York on 30 May 1991.
Appellant appeared at the hearing and chose to represent himself
pro se. The Administrative Law Judge clearly and
succinctly advised Appellant of the procedures, and applicable
rights, including the right to counsel or other representation.
Appellant knowingly, intelligently and voluntarily waived his
right to counsel and chose pro se representation. Appellant entered a response of deny to the charge and
specification as provided in 46 C.F.R. 5.527. The Investigating
Officer introduced three exhibits into evidence and two witnesses
testified at his request. Appellant testified on his own behalf
and fully participated in the cross examination of witnesses. | Appeal No. 2537 | Suspension and Revocation Appeals Authority | 5/12/1992 | 5/12/1992 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2531 - SERRETTE | This appeal has been taken in accordance with 46 U.S.C.
7702 and 46 C.F.R. 5.701.
By an order dated 8 April 1991, an Administrative Law Judge
of the United States Coast Guard at Houston, Texas suspended
Appellant's Merchant Mariner's Document outright for two months
with an additional suspension of three months remitted on nine
months probation upon finding proved the charge of misconduct.
The single specification supporting the charge alleged that, on
or about 12 August 1990, Appellant, while serving under the
authority of his document as tankerman, did wrongfully fail to
follow vessel oil transfer procedures and did wrongfully violate 33 C.F.R. 156.120(t)(3), to wit: violating instructions for
topping-off cargotanks on the barge SFI-33.
The hearing was held at Houston, Texas on 16 January 1991.
The Investigating Officer introduced nine exhibits into evidence
and introduced the testimony of three witnesses. Appellant was
represented by professional counsel and introduced four exhibits
and the testimony of one witness. Appellant entered a response
of "deny" to the charge and specification as provided in 46
C.F.R. 5.527.
The Administrative Law Judge's written order suspending
Appellant's Merchant Mariner's Document was entered on 8 April
1991. The decision and order were served on Appellant on 10
April 1991. Appellant filed a notice of appeal on 3 May 1991.
Upon request, a transcript of the proceeding was served on
Appellant, however, there is no definitive record of when the
transcript was served on Appellant. Appellant submitted a brief
on 7 June 1991. Accordingly, this matter is properly before the
Vice Commandant for review. | Appeal No. 2531 | Suspension and Revocation Appeals Authority | 11/27/1991 | 11/27/1991 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2545 - JARDIN | This appeal has been taken in accordance with 46 U.S.C.
7702 and 46 C.F.R. 5.701.
By an order dated 27 February 1992, an Administrative Law
Judge of the United States Coast Guard at New York, New York,
revoked Appellant's document upon finding proved a charge of use
of a dangerous drug. The single specification supporting the
charge alleged that Appellant used dangerous drugs as evidenced
in a urine specimen collected on or about 21 June 1991, which
subsequently tested positive for the presence of dangerous drugs.
The hearing was held at Providence, Rhode Island on 31
October 1991. Appellant appeared at the hearing with
professional counsel by whom he was represented throughout the
proceedings.
Appellant responded to the charge and specification by denial
as provided in 46 C.F.R. 5.527. The Investigating Officer introduced seven exhibits into evidence and two witnesses
testified at his request. Appellant did not testify on his own
behalf, nor did he call any witnesses. He introduced one
exhibit into evidence and actively cross-examined the
Government's witnesses. | Appeal No. 2545 | Suspension and Revocation Appeals Authority | 6/11/1992 | 6/11/1992 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2546 - SWEENEY | This appeal has been taken in accordance with 46 U.S.C.
7702 and 46 C.F.R. 5.701.
By an order dated 21 June 1991, an Administrative Law Judge
of the United States Coast Guard at Alameda, California suspended
Appellant's License and Merchant Mariner's Document outright for
six months with six additional months suspension remitted on
twelve months probation, upon finding proved the charge of use of
dangerous drugs. The single specification supporting the charge
alleged that, on or about 27 December 1990, Appellant wrongfully
used marijuana as evidenced in a drug test administered and the
urine specimen collected on that date.
The hearing was held at Alameda, California on 31 January
1991 and on 12 and 13 March 1991. Appellant was represented by
professional counsel. Appellant entered a response denying the
charge and specification as provided in 46 C.F.R. 5.527. The
Investigating Officer introduced nine exhibits into evidence and introduced the testimony of three witnesses, two of whom
testified telephonically pursuant to 46 C.F.R. 5.535(f).
Appellant introduced 8 exhibits into evidence and introduced the
testimony of two witnesses. In addition, Appellant testified
under oath in his own behalf. | Appeal No. 2546 | Suspension and Revocation Appeals Authority | 6/30/1992 | 6/30/1992 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2535 - SWEENEY | This appeal has been taken in accordance with 46 U.S.C.
7702 and 46 C.F.R. 5.701.
By an order dated 21 June 1991, an Administrative Law Judge
of the United States Coast Guard at Alameda, California suspended
Appellant's License and Merchant Mariner's Document outright for
six months with six additional months suspension remitted on
twelve months probation, upon finding proved the charge of use of
dangerous drugs. The single specification supporting the charge
alleged that, on or about 27 December 1990, Appellant wrongfully
used marijuana as evidenced by a urine specimen collected on that
date pursuant to a drug test program required by his employer,
San Francisco Bar Pilot Association.
The hearing was held at Alameda, California on 31 January
1991 and on 12 and 13 March 1991. Appellant was represented by
professional counsel. Appellant entered a response denying the
charge and specification as provided in 46 C.F.R. 5.527. The
Investigating Officer introduced nine exhibits into evidence and
introduced the testimony of three witnesses, two of whom
testified telephonically pursuant to 46 C.F.R. 5.535(f).
Appellant introduced eight exhibits into evidence and introduced the testimony of two witnesses. In addition, Appellant testified
under oath in his own behalf.
The Administrative Law Judge's final order suspending all
licenses and documents issued to Appellant was entered on 21 June
1991. Service of the Decision and Order was made on 28 June
1991. Subsequently, Appellant filed a notice of appeal on 2 July
1991, perfecting his appeal by filing an appellate brief on 1
August 1991. Accordingly, this appeal is properly before the
Vice Commandant for review. | Appeal No. 2535 | Suspension and Revocation Appeals Authority | 2/18/1992 | 2/18/1992 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2544 - GENER | This appeal has been taken in accordance with 46 U.S.C.
7702 and 46 C.F.R. 5.701.
By an order dated 2 December 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
proved the charge of use of dangerous drugs. The single
specification supporting the charge alleged that, on or about 14
March 1991, Appellant wrongfully used cocaine as evidenced in a
urine specimen collected on that date which subsequently tested
positive for the presence of cocaine.
The hearing commenced at New York, New York on 17 July 1991.
At that time, Appellant appeared, without professional counsel
and requested and received a continuance until 1 August 1991.
The hearing was resumed and completed on 1 August 1991, with
Appellant appearing, represented by professional counsel.
Appellant entered a response denying the charge and
specification as provided in 46 C.F.R. 5.527. The Investigating
Officer introduced four exhibits into evidence and two witnesses testified at his request (one of these by telephonic testimony).
Appellant introduced one exhibit into evidence. One witness
testified on behalf of Appellant. In addition, Appellant
testified on his own behalf. | Appeal No. 2544 | Suspension and Revocation Appeals Authority | 6/11/1992 | 6/11/1992 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2538 -SMALLWOOD | This appeal has been taken in accordance with 46 U.S.C.
7702 and 46 C.F.R. 5.701.
By an order dated 19 June 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 proved the
charge of the use of a dangerous drug. The single specification
supporting the charge alleged that, on or about 2 July 1990, in
the city of Brooklyn, New York, Appellant was tested and found to
be a user of a dangerous drug, namely, marijuana. Appellant's
use of the drug was discovered through a pre-employment
urinalysis which revealed the presence of Tetrahydrocannabinol
(THC), a marijuana metabolite.
The hearing was held at New York, New York, on 19 February
1991 and 4 March 1991. Appellant was represented by professional counsel. Appellant entered a response of deny to the charge and
specification as provided in 46 C.F.R. 5.527. The Investigating
Officer introduced eight exhibits into evidence and three
witnesses testified at his request. Appellant introduced three
exhibits into evidence and one witness testified on his behalf.
Appellant also testified under oath on his own behalf. | Appeal No. 2538 | Suspension and Revocation Appeals Authority | 5/12/1992 | 5/12/1992 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2547 - PICCIOLO | This appeal has been taken in accordance with 46 U.S.C.
7702 and 46 C.F.R. 5.701.
By an order dated 15 January 1992, an Administrative Law
Judge of the United States Coast Guard at Long Beach, California,
revoked Appellant's document upon finding proved a charge of
incompetence. The single specification supporting the charge
alleged that Appellant, while serving as Able Seaman aboard SS
SEA-LAND HAWAII, O.N. 547288, under authority of his document,
was found not fit for duty due to uncontrolled diabetes, and
continued to suffer from the effects of diabetes.
The hearing was held at Long Beach, California, on 13
November and 12 December 1991. Appellant appeared personally and
was advised of his rights. He elected to represent himself,
which he did for the remainder of the hearing.
Appellant responded to the charge and specification by denial as provided in 46 C.F.R. 5.527. The Investigating Officer
introduced five exhibits into evidence and two witnesses
testified at his request. Appellant introduced a total of four
exhibits and the testimony of three witnesses. | Appeal No. 2547 | Suspension and Revocation Appeals Authority | 8/19/1992 | 8/19/1992 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2541 - RAYMOND | This appeal has been taken in accordance with 46 U.S.C.
7702 and 46 C.F.R. 5.701.
By an order dated 13 August 1991, an Administrative Law
Judge of the United States Coast Guard revoked Appellant's
License and Merchant Mariner's Document upon finding proved the
charge of use of dangerous drugs. The single specification
supporting the charge alleged that, on or about 18 June 1990,
Appellant wrongfully used marijuana as evidenced in a urine
specimen collected on that date, which subsequently tested
positive for the presence of marijuana metabolite.
The hearing was held at Seattle, Washington on 29 and 30
November 1990. Appellant appeared at the hearing and was
represented by professional counsel. Appellant entered a
response of deny to the charge and specification as provided in
46 C.F.R. 5.527. The Investigating Officer introduced four
exhibits into evidence and two witnesses testified at his
request. Appellant introduced 16 exhibits into evidence and testified in his own behalf. Appellant also called six witnesses
who testified in his defense. | Appeal No. 2541 | Suspension and Revocation Appeals Authority | 6/9/1992 | 6/9/1992 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2555 - LAVALLAIS | This appeal has been taken in accordance with 46 U.S.C.
7702 and 46 C.F.R. 5.701.
BACKGROUND
By order dated September 8, 1992, an Administrative Law Judge
of the United States Coast Guard at New Orleans, Louisiana,
revoked Appellant's merchant mariner's document upon finding a
use of dangerous drugs charge proved. The supporting
specification, which was also found proved, alleged that
Appellant was a user of cannabinoids, based upon laboratory tests
of his urine conducted at Compuchem Laboratories, Inc.
(Compuchem).
Appellant represented himself at a hearing held at Mobile,
Alabama on August 23, 1992. His wife, Helen Lavallais, appeared
with him. At the hearing, Appellant entered ananswer of "guilty
with an explanation" to the charge and specification. The
Administrative Law Judge, after listening to the Appellant's
explanation, which in essence was a denial of knowingly ingesting marijuana, directed the Investigating Officer to produce
evidence. The Investigating Officer introduced into evidence
four exhibits, and the testimony of three witnesses. In defense,
Appellant offered two exhibits.
The Administrative Law Judge advised Appellant that if the
charge was found proved, an order of revocation would be required
unless Appellant provided satisfactory evidence of cure. After
the hearing, the Administrative Law Judge rendered a written
decision and order, and concluded that the charge and
specification had been found proved. The order, dated
September 8, 1992, revoked the above captioned documents issued
to Appellant by the Coast Guard.
Appellant submitted timely notice of appeal in accordance
with 46 C.F.R. 5.703(a) and then timely completed his appeal on
November 8, 1992. Therefore, this appeal is properly before the
Commandant for review. | Appeal No. 2555 | Suspension and Revocation Appeals Authority | 2/14/1994 | 2/14/1994 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2373 - OLDOW | This appeal has been taken in accordance with 46 U.S.C.
239(g), and 46 CFR 5930-1.
By order dated 25 April 1983, an Administrative Law Judge of
the United States Coast Guard at Seattle, Washington suspended
Appellant's license for two months on six months' probation, upon
finding him guilty of negligence. The specification found proved
alleges that while serving as Operator on board the M/V SHAMAN
under authority of the license above captioned, on or about 22 July
1982, Appellant failed to properly navigate the vessel in the
confined waters adjacent to Knights Island, Prince William Sound,
Alaska, thereby contributing to the grounding of the vessel.
The hearing, was held at Anchorage, Alaska on 4 and 5 January,
1983.
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 seven
exhibits and the testimony of one witness. | Appeal No. 2373 | Suspension and Revocation Appeals Authority | 10/16/1984 | 10/16/1984 | | 12/7/2017 |
| Suspension and Revocation Appeals Authority | 2361 - ZEMEL | This appeal has been taken in accordance with 46 U.S.C.
239(g), 23b and 46 CFR 5.30-1.
By order dated 18 July 1983, and Administrative Law Judge of
the United States Cost Guard at Long Beach, California revoked
Appellant's seaman's document upon finding him guilty of misconduct
and the charge of having been a user of a narcotic drug. The
specifications found proved allege that while acting under
authority of the document above captioned, on or about 14 May 1979,
Appellant made a false or fraudulent statement on CG Form 719B
(Rev. 9-72), Seaman's Certificate Application, by declaring that he
had used a narcotic drug, which declaration was false; and that
while being the holder of the document above captioned, on or about
10 September 1982 and for an unknown period of time before,
Appellant was wrongfully a user of a narcotic drug.
The hearing was held at Long Beach, California on 28 May, 27
June, and 18 July 1983.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charges and each
specification.
The Investigating Officer introduced in evidence three
documents and the testimony of one witness.
Appellant offered no evidence in defense. | Appeal No. 2361 | Suspension and Revocation Appeals Authority | 6/12/1984 | | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2532 - AILSWORTH | This appeal has been taken in accordance with 46 U.S.C.
#7702 and 46 C.F.R. #5.701.
By a decision dated 22 January 1990, an order dated 8
February 1990 and an errata order dated 15 February 1990, an
Administrative Law Judge of the United States Coast Guard at
Norfolk, Virginia, suspended Appellant's Merchant Mariner's
License and any other valid documents and certificates outright
for twelve months, having found proved the charges of negligence
and misconduct. The single specification supporting the finding of proved to
the charge of negligence alleged that, on or about 7 July 1989,
Appellant, while serving under the authority of his license as
operator of the towing vessel M/V MILDRED A., failed to
adequately control the movements of the M/V MILDRED A. and its
tow, resulting in an allision with a pier.
The specification supporting the finding of proved to the
charge of misconduct alleged that, on or about 7 July 1989, under
the authority of his license, Appellant operated the M/V MILDRED
A. without being familiar with the vessel's characteristics as
required in 46 C.F.R. #15.405. A second specification to the
charge of misconduct was dismissed by the Administrative Law
Judge.
The hearing was held at Norfolk, Virginia on 7 December 1989
and 6 February 1990. The Investigating Officer introduced eight
exhibits into evidence and introduced the testimony of three
witnesses. Appellant was represented by professional counsel and
introduced three exhibits and testified under oath in his own
behalf. Appellant entered a response of "deny" to the charges
and specifications as provided in 46 C.F.R. 5.527. | Appeal No. 2532 | Suspension and Revocation Appeals Authority | 12/2/1991 | 12/2/1991 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2490 - PALMER | This appeal has been taken in accordance with 46 U.S.C. SS7703
and 46 CFR SS5.701.
By order dated 18 August 1988, an Administrative Law Judge of the
United States Coast Guard at Long Beach, California, suspended
Appellant's Seaman's license for three months, remitted on twelve
months probation. The suspension was based upon a finding of proved
of the charge of misconduct. The specifications supporting the charge
allege violations of law and regulation, that while serving as
Operator on board the M/V ROMAN HOLIDAY and under teh authority of the
above-captioned license, Appellant, did, on or about 11 December 1987,
while said vessel was located in Newport harbor, California:
a) operate said vessel without having on board a valid U.S. Coast
Guard Certificate of Inspection, while carrying more than six
passengers, a violation of 46 U.S.C. 3311;
b) operate said vessel without having on board a valid U.S. Coast
Guard Certificate of Documentation while operating on a coastwise
voyage, a violation of 46 C.F.R. 67.45-21;
c) operate said vessel in restricted visibility without a proper sounding device, a violation of the Inland Rules of the Road, Rule 33
and Rule 35;
d) operate said vessel without having the required three fire
extinguishers in serviceable condition, a violation of 46 C.F.R.
25.30-20; and
e) operate said vessel in restricted visibility without the proper
masthead and side navigation lights, a violation of the Inland Rules
of the Road, Rule 21 and Rule 23.
The hearing was held at Long Beach, California, on 21 January, 26
January, 3 February, 17 February, 23 March, and 13 April 1988.
Appellant was represented at the hearing by professional counsel. At
the hearing, Appellant entered an answer of "deny" to the five
specifications and the charge of Violation of Law or Regulation. | Appeal No. 2490 | Suspension and Revocation Appeals Authority | 10/26/1989 | 10/26/1989 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2500 - SUBCLEFF | This appeal has been taken in accordance with 46 U.S.C. SS7702
and 46 CFR SS5.701.
By order dated December 8, 1988, an Administrative Law Judge of
the United States Coast Guard at Seattle suspended outright
Appellant's Merchant Mariner's License for a period of six months upon
finding proved the charge of negligence. The specification supporting
the charge alleged that Appellant, while serving as Pilot under the
authority of his above-captioned license, aboard the GLACIER BAY, O.N.
526588, did, on July 2, 1987, negligently ground said vessel at the
approximate position of 60-29.4N; 151-26.4W, after failing to heed
navigational information on NOAA Chart 16660, including Note E, and
NOAA Chart 16662, including Note B, and supplemental information in
U.S. Coast Pilot No. 9, Pacific and Arctic Coasts of Alaska pertaining
to Cook Inlet, Alaska, resulting in the vessel's hull being holed and
a major oil spill.
A similar charge for this incident has been brought against the
vessel's Master and is reported as Appeal Decision 2501 (HAWKER).
The hearing was held at Anchorage, Alaska, on April 25-28 and May
1-2, 1988. Appellant was represented by professional counsel and | Appeal No. 2500 | Suspension and Revocation Appeals Authority | 7/26/1990 | 7/26/1990 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2493 - KAAUA | This appeal has been taken in accordance with 46 U.S.C. SS7702
and 46 CFR SS5.701.
By order dated 9 May 1988, an Administrative Law Judge of the
United States Coast Guard at Honolulu, Hawaii, revoked Appellant's
Merchant Mariner's Document. This order was issued upon finding
proved a charge of misconduct supported by two specifications. The
specifications found proved were that Appellant, while serving as an
Ordinary Seaman/Waitress aboard the SS INDEPENDENCE, under the
authority of the captioned document, on or about 11 March 1988, while
said vessel was at sea, did wrongfully have in her possession certain
narcotic drugs, to wit, marijuana, and did wrongfully have in her
possession certain drug paraphernalia, to wit, a pipe and rolling
papers.
The hearing was held at Honolulu, Hawaii, on 9 May 1988. The
Appellant was represented by professional counsel at the hearing and
entered an answer of deny to the charge and to each specification.
The Investigating Officer introduced a total of six exhibits which
were admitted into evidence, and called two witnesses, one of whom
testified in person, and one whom testified via a conference telephone
connection from the Naval Investigative Service Forensic Science
Laboratory at Pearl Harbor, Hawaii. The Appellant introduced eight
exhibits which were admitted into evidence, and called one witness who
testified in person. Appellant also voluntarily testified in her own
defense. | Appeal No. 2493 | Suspension and Revocation Appeals Authority | 1/11/1989 | 1/11/1989 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2479 - BRANCH | This appeal has been taken in accordance with 46 U.S.C. SS7702
and 46 CFR SS5.701.
By order dated 8 February 1988, an Administrative Law Judge of
the United States Coast Guard at New Orleans, Louisiana, suspended
Appellant's Merchant Mariner's License for three months remitted on
conditions of probation for twelve months. This order was issued upon
finding proved a charge of negligence supported by a single
specification. The specification found proved that Appellant, while
serving as a towboat operator aboard the M/V BILL FROREICH, under the
authority of the captioned license, did, on or about 5 October 1987,
negligently navigate said vessel by failing to arrange a proper
meeting situation with the M/V JANET DICHARRY, thereby contributing to
a collision in the vicinity of mile marker 179 on the Gulf
Intracoastal Waterway.
The hearing was held at New Orleans, Louisiana on 20 January
1988. Appellant appeared at the hearing with counsel, and entered, in
accordance with 46 CFR SS5.527(a), an answer of deny to the charge of
negligence and the supporting specification.
The Investigating Officer introduced in evidence five exhibits
and called three witnesses.
Following the conclusion of the Coast Guard's case, Appellant
moved to dismiss the charge and specification for failure of proof.
The Administrative Law Judge took the motion under advisement, and
Appellant elected not to present any evidence or call any witnesses in
his own behalf.
After the hearing the Administrative Law Judge rendered a
decision in which he concluded that the charge and specification had
been found proved, and entered a written order suspending all licenses
and/or documents issued to Appellant as specified above. | Appeal No. 2479 | Suspension and Revocation Appeals Authority | 1/5/1989 | 1/5/1989 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2474 - CARMIENKE | This appeal has been taken in accordance with 46 U.S.C. SS7702
and 46 CFR SS5.701.
By order dated 4 September 1987, an Administrative Law Judge of
the United States Coast Guard at Houston, Texas, suspended outright
Appellant's Merchant Mariner's License and Document for one month, and
further suspended them for an additional two months under probationary
terms for six months following the termination of the outright
suspension. This order was issued upon finding proved a charge of
misconduct and a charge of negligence. Each charge was supported by
one specification. The misconduct charge was initially supported by
two specifications. The first specification was withdrawn at the
hearing. The misconduct charge and specification found proved that
Appellant, while serving as the operator of the tug ORION, under the
authority of the captioned license and document, on or about 27
February 1987, failed to maintain a proper lookout by sight and
hearing as required by Rule 5 of the International Regulations for
Preventing Collisions at Sea, 1972 (COLREGS '72), 33 U.S.C. foll.
1602, which contributed to the collision of the barge USL-501, while
under the tow of the tug ORION, with the M/V UNITED PEACE in the Gulf
of Mexico in the vicinity of the Sabine Pass Sea Buoy. The negligence
charge and specification found proved that Appellant, while acting as
the operator on board the tug ORION, under the authority of the
captioned license and document, on or about 27 February 1987, failed
to take early and substantial action to avoid a collision with the M/V
UNITED PEACE, as required by Rule 8(a) and 8(c) of the International
Regulations for Preventing Collisions at Sea, 1972 (COLREGS '72), 33
U.S.C. foll. 1602. | Appeal No. 2474 | Suspension and Revocation Appeals Authority | 11/10/1988 | 11/10/1988 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2516 - ESTRADA | This appeal has been taken in accordance with 46 U.S.C. SS7702
and 46 CFR SS5.701.
By order dated 27 October 1989, an Administrative Law Judge of the
United States Coast Guard at San Juan, Puerto Rico, suspended
Appellant's Merchant Mariner's License and Document for five months
remitted on 10 months probation. This order was issued upon finding
proved a charge of negligence supported by a single specification.
The charge alleged that Appellant, while serving under the
authority of his license and document as pilot aboard the S/S SEALAND
DISCOVERY, did, on or about 28 July 1988, fail to safely navigate
within San Juan Harbor Channel, thereby causing the S/S SEALAND
DISCOVERY to run aground.
The hearing was held at San Juan, Puerto Rico on 22 and 23
September 1989.
Appellant appeared at the hearing and was represented by
professional counsel. Appellant entered, in accordance with 46 C.F.R.
SS5.527(a), an answer of deny to the charge and specification.
The Investigating Officer introduced in evidence 12 exhibits and
called four witnesses. | Appeal No. 2516 | Suspension and Revocation Appeals Authority | 10/24/1990 | 10/24/1990 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2520 - DAVIS | This appeal has been taken in accordance with 46 U.S.C. SS7702
and 46 CFR SS5.701.
By order dated 24 July 1990, an Administrative Law Judge of the
United States Coast Guard at Long Beach, California, suspended
Appellant's Merchant Mariner's License outright for three months with
an additional suspension of six months remitted on 12 months
probation. This order was issued upon finding proved a charge of
negligence supported by a single specification.
The charge alleged that Appellant, while serving under the
authority of his license as master of the S/V TEREGRAM, did, on or
about 17 May 1990, fail to ensure that all passengers were onboard the
vessel upon departure from Molokini /crater, Hawaii, thereby leaving
one passenger in the water. The hearing was held at Honolulu, Hawaii
on 12 June 1990.
Appellant appeared at the hearing and was represented by
professional counsel. Appellant entered, in accordance with 46 C.F.R.
SS5.527(a), an answer of deny to the charge and specification. | Appeal No. 2520 | Suspension and Revocation Appeals Authority | 2/7/1991 | 2/7/1991 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2461 - KITTRELL | This appeal has been taken in accordance with 46 U.S.C. SS7702
and 46 CFR SS5.701.
By order dated 22 January 1987, an Administrative Law Judge of
the United States Coast Guard at St. Louis, Missouri admonished
Appellant upon finding proved the charge of Violation of Regulation.
The charge was initially supported by three specifications. However,
the Administrative Law Judge found one specification involving 46 CRF
SS35.35-1(c) not proved and dismissed this count.
One specification found proved alleged that Appellant, serving as
person-in-charge aboard Tank Barge T-7953, under the authority of his
merchant mariner's document, on or about 25 April 1986, while
transferring oil to Tank Barge T-7953 from Packer River Terminal at
Mile 857.0, Upper Mississippi River, wrongfully absented himself from
the barge in violation of 33 CFR 156.120(s).
The remaining specification found proved alleged that Appellant,
serving as person-in-charge aboard Tank Barge T-7953, under the
authority of his merchant mariner's document, on or about 25 April
1986, while transferring oil to Tank Barge T-7953 from Packer River
Terminal at Mile 857.0, Upper Mississippi River, wrongfully failed to
provide a flame screen or proper supervision for the open No. One
ullage hole in violation of 46 CFR 35.30-10. | Appeal No. 2461 | Suspension and Revocation Appeals Authority | 12/7/1987 | 12/7/1987 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2486 - GOETZ | This appeal has been taken in accordance with 46 U.S.C. SS7702
and 46 CFR SS5.701.
By order dated 19 April 1988, an Administrative Law Judge of the
United States Coast Guard at Norfolk, Virginia, suspended Appellant's
Merchant Mariner's License outright for twelve months, upon finding
proved the charges of negligence and misconduct. The negligence
charge was supported by one specification, which was found proved.
The misconduct charge was supported by the negligence charge found
proved alleged that Appellant, while serving as the Master aboard the
motor vessel JET TRADER, under the authority of the captioned
documents, on or about 27 June 1987, failed to maintain a proper
lookout, creating a hazardous situation which led to a collision
between the M/V JET TRADER and a 16 foot pleasure craft. The first
specification under the misconduct charge found proved alleged that
Appellant, while serving in the same capacity at the same time failed
to take action to avoid a collision with a 16 foot pleasure craft, as
required by 33 USC 2008 (Rule 8 of the Inland Navigation Rules)
resulting in a collision with the pleasure craft. The second
specification found proved alleged that Appellant, while serving in
the same capacity at the same time failed to render assistance after
the collision with the pleasure craft, as required by 46 USC 2303(a). | Appeal No. 2486 | Suspension and Revocation Appeals Authority | 6/29/1989 | 6/29/1989 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2480 - LETT | This appeal has been taken in accordance with 46 U.S.C. SS7702
and 46 CFR SS5.701.
By order dated 17b February 1988, an Administrative Law Judge of
the United States Coast Guard at Seattle, Washington, admonished
Appellant. This order was issued upon finding proved a charge of
Violation of Law supported by two specifications. The first
specification found proved that Appellant, while serving as Master of
the M/V ALASKAN HERO, under the authority of the captioned license,
did, from on or about 27 July 1987 through 24 September 1987, operate
said vessel on the high seas while engaging or employing an unlicensed
individual to serve as mate in violation of 46 U.S.C. SS8304. The
second specification found proved that Appellant, while serving as
Master of the M/V ALASKAN HERO, under the authority of the captioned
license, did, from on or about 27 July 1987 through 24 September 1987,
on the high seas, allow a non- U.S. citizen to serve as an officer in
charge of a deck watch on a documented vessel in violation of 46
U.S.C. SS8103. | Appeal No. 2480 | Suspension and Revocation Appeals Authority | 1/21/1989 | 1/21/1989 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2462 - ARMSTEAD | This appeal has been taken in accordance with 46 U.S.C. SS7702
and 46 CFR SS5.701.
By order dated 12 June 1987, an Administrative Law Judge of the
United States Coast Guard at New Orleans, Louisiana, revoked
Appellant's Merchant Mariner's Document upon finding proved the charge
of conviction for a narcotic drug law violation. The charge was
supported by two specifications. The specifications found proved
alleged that Appellant, being the holder of the captioned document, on
or about 7 July 1982 and 18 November 1982, respectively, was convicted
by the Criminal District Court for teh Parish of Orleans, State of
Louisiana for possession of marijuana in violation of the Revised
Statutes of Louisiana.
The hearing wsa held at New Orleans, Louisiana, on 18 March, 29
April, and 9 June 1987.
Appellant appeared at the hearing with counsel, Harry Cantrell,
Jr., Esq. Appellant entered an answer of no contest to the charge and
specifications in accordance with 46 CFR SS5.527(a). | Appeal No. 2462 | Suspension and Revocation Appeals Authority | | | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2478 - DUPRE | This appeal has been taken in accordance with 46 U.S.C. SS7702
and 46 CFR SS5.701.
By his order dated 30 September 1987, an Administrative Law Judge
of the United States Coast Guard at Houston, Texas, suspended
Appellant's Merchant Mariner's license and document for a period of
one month upon finding proved the charges of negligence, misconduct,
and violation of law. The specification supporting the charge of
negligence alleged that Appellant, while serving under the authority
of his above-captioned license and document, aboard the towing vessel
ADMIRAL LEE, did, on 15 February 1987, tow the unmanned freight barge
CMS-754 in an unsafe and hazardous manner, to wit: operating with a
load in excess of the vessel's stability letter. The specification
supporting the charge of misconduct alleged that Appellant, acting
under the authority of his license and document aboard the ADMIRAL
LEE, on 15 February 1987, failed to insure that the CMS-754 was loaded
in compliance with the vessel's stability letter issued by the U.S.
Coast Guard. The specification supporting the charge of violation of
law alleged that Appellant, under the authority of his license and
document, violated 46 U.S.C. SS2302, however, the Coast Guard withdrew
this charge and its specification at the commencement of the hearing.
The hearing was held at Houston, Texas on 5 August 1987. The
Appellant was represented by professional counsel and entered an
answer of denial to the charges and specifications. | Appeal No. 2478 | Suspension and Revocation Appeals Authority | 2/4/1988 | 2/4/1988 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2498 - KLATT | This appeal has been taken in accordance with 46 U.S.C. SS7702
and 46 CFR SS5.701.
By his order dated 30 January 1989, an Administrative Law Judge
of the United States Coast Guard at Alameda, California, issued an
admonishment to Appellant upon finding proved the charge of violation
of law. The charge was supported by one specification which was found
proved. The specification alleged that Appellant, while serving as
master under the authority of the captioned documents, on board the
S/S COVE LIBERTY on or about 11 March 1988, did wrongfully discharge
oil from his vessel into U.S. navigable waters in violation of 33
U.S.C. SS1321.
The hearing was held at Alameda, California on 12 April 1988.
Appellant appeared at the hearing and was represented by professional
counsel. Appellant entered, in accordance with 46 C.F.R. SS5.527(a),
an answer of deny to the charge and specification.
The Investigating Officer introduced seven exhibits into evidence
and called two witnesses. | Appeal No. 2498 | Suspension and Revocation Appeals Authority | 4/10/1990 | 4/10/1990 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2521 - FRYER | This appeal has been taken in accordance with 46 U.S.C. SS7702
and 46 CFR SS5.701.
By his order dated 17 August 1990, an Administrative Law Judge
for the United States Coast Guard at Tampa, Florida suspended
Appellant's license for six months, remitted on twelve months
probation, having found proved the charges of misconduct and violation
of law.
The specification supporting the charge of misconduct alleged
that Appellant, while serving under the authority of the abovecaptioned
license as operator of the M/V PRINCESS XANADU OF MONACO
(M/V PRINCESS XANADU) on 3 February 1990, operated said vessel without
a Certificate of Inspection while carrying more than six passengers.
The specification supporting the charge of violation of law
alleges that Appellant, on 3 February 1990, operated the M/V PRINCESS
XANADU in the coastwise trade. The vessel has a Certificate of
Documentation endorsed only for pleasure.
The hearing was held at Tampa, Florida on 19 and 20 April 1990 and
on 10 May 1990. Appellant was represented at the hearing by professional counsel. At the hearing, Appellant entered an answer of
"deny" to the charges and specifications. | Appeal No. 2521 | Suspension and Revocation Appeals Authority | 2/15/1991 | 2/15/1991 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2497 - GUIZZOTTI | This appeal has been taken in accordance with 46 U.S.C. SS7702
and 46 CFR SS5.701.
By his order dated 14 September 1988, an Administrative Law Judge
of the United States Coast Guard at Seattle, Washington, revoked
Appellant's Merchant Mariner's License upon finding proved the charge
of misconduct. The single specification supporting the charge of
misconduct alleged that, on 1 September 1987, ,Appellant, while
serving as Operator aboard the M/V ROSE under the authority of his
above-captioned license, did wrongfully rape a passenger while on
board the vessel at Vancouver, Washington.
The hearing was held at Portland, Oregon, on May 10, 1988.
Appellant was represented by professional counsel and introduced two
exhibits into evidence as well as the testimony of one witness.
Appellant entered a response of DENIAL to the charge and specification
as provided in 46 C.F.R. SS5.527. The Investigating Officer
introduced seventeen exhibits that were received into evidence. Three
witnesses testified at the request of the Investigating Officer.
The Administrative Law Judge's final order revoking all of appellant's
licenses and documents was entered on 14 September 1988. An order
authorizing issuance of a temporary license to Appellant to serve on non-passenger carrying vessels was entered 22 September 1988. | Appeal No. 2497 | Suspension and Revocation Appeals Authority | 4/10/1990 | 4/10/1990 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2494 - PUGH | This appeal has been taken in accordance with 46 U.S.C. SS7702
and 46 CFR SS5.701.
By his order dated 14 October 1988, an Administrative law Judge
of the United States Coast Guard at Port Arthur, Texas, revoked
Appellant's Merchant Mariner's License upon finding proved the charge
and specification of misconduct for possession of marijuana.
The specification alleges that Appellant, while serving under the
authority of his license as operator of the M/V C PROWLER, on 22 March
1988, was in possession of marijuana in violation of a narcotic drug
law.
The hearing was held at Port Arthur, Texas on 30 August 1988.
Appellant appeared at the hearing together with his wife and, after
being advised of his right to professional counsel by the
Administrative Law Judge, chose to be represented pro se.
The Investigating Officer called five witnesses who testified
under oath and presented six exhibits which were admitted into
evidence. Appellant called one witness who testified under oath, in
addition, testified on his own behalf under oath. Upon finding proved the charge and specification of misconduct, the Administrative law
Judge revoked Appellant's license. | Appeal No. 2494 | Suspension and Revocation Appeals Authority | 1/16/1990 | 1/16/1990 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2482 - WATSON | This appeal has been taken in accordance with 46 U.S.C. SS7702
and 46 CFR SS5.701.
By her 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 plus an additional four months
remitted on twelve months probation upon finding proved the charge of
misconduct. This case was remanded to the Administrative Law Judge by
the Vice-Commandant in Appeal Decision 2446 (WATSON) on 19 March
1987 in order to rule on proposed findings of fact and conclusions of
law. Consistent with the remand, the Administrative Law Judge
subsequently issued rulings on the proposed findings of fact and
conclusions of law on 1 April 1987. On 12 April 1988, the
Administrative Law Judge reinstated the original decision and order of
11 July 1986, incorporating by reference the Rulings on the proposed
findings of fact and conclusions of law. | Appeal No. 2482 | Suspension and Revocation Appeals Authority | 2/24/1989 | 2/24/1989 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2510 - HALPIN | This appeal has been taken in accordance with 46 U.S.C. SS7702
and 46 CFR SS5.701.
By an order dated 9 January 1989, an Administrative Law Judge of
the United States Coast Guard at Jacksonville, Florida suspended
Appellant's Merchant mariner's License for three months remitted on
twelve months probation upon finding proved the charge of misconduct.
The charge was supported by a single specification alleging that,
on or about 17 February 1988, Appellant, under the authority of his
license, wrongfully operated the M/V PRESIDENTIAL SUITE II with more
than six passengers without a Certificate of Inspection.
The hearing was held at Jacksonville, Florida on 21 December
1988. Appellant appeared and was represented by professional counsel.
Appellant submitted an answer of "no contest" to the charge and
specification. Appellant filed no motions or objections.
Accordingly, the Administrative Law Judge found the charge and
specification proved without presentation of evidence by the
Investigating officer as permitted by 46 C.F.R. SS5.527.
The Administrative Law Judge issued his written Decision and Order on 9 January 1989. The record and administrative case file
fails to confirm when the Decision and Order was served on Appellant,
however, Appellant, in his notice of appeal states that the Decision
and Order was delivered to him postmarked 29 June 1989. | Appeal No. 2510 | Suspension and Revocation Appeals Authority | 9/6/1990 | 9/6/1990 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2505 - TAYLOR | This appeal has been taken in accordance with 46 U.S.C. SS7702
and 46 CFR SS5.701.
By an order dated 30 October 1989, an Administrative Law Judge of
the United States Coast Guard at Houston, Texas, suspended outright
Appellant's license for three months, having found proved the charge
of misconduct. The charge was supported by one specification alleging
that Appellant, under the authority of his license, served as the
operator of the passenger vessel M/V MISS GO-CO on 30 March 1989,
without a Certificate of Inspection. The hearing was held at Houston,
Texas on 24 August 1989. Appellant himself was not present at the
hearing, but was represented at the hearing by a designated
representative. At the hearing, Appellant's representative entered an
answer of "deny" to the charges and specifications on behalf of
Appellant.
The Investigating Officer introduced in evidence twelve exhibits
and the testimony of two witnesses. In defense, Appellant offered in
evidence three exhibits, the testimony of one witness, and his own
testimony. | Appeal No. 2505 | Suspension and Revocation Appeals Authority | 8/20/1990 | 8/20/1990 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2524 - TAYLOR | This appeal has been taken in accordance with 46 U.S.C. SS7702
and 46 CFR SS5.701.
By an order dated 30 November 1990, an Administrative Law Judge
of the United States Coast Guard at Norfolk, Virginia revoked
Appellant's Merchant Mariner's Document for negligence, violation of
law and misconduct.
Appellant was charged with negligence supported by a single
specification alleging that he negligently failed to properly navigate
his vessel, causing an allision with a bridge.
Appellant was also charged with violation of law supported by a
single specification alleging that he wrongfully discharged oil into a
navigable water.
Appellant was also charged with misconduct supported by twelve
specifications alleging that Appellant wrongfully served in the
capacity of towing vessel operator while his license was under
suspension from a previous order of the Administrative Law Judge.
The hearing was held on 5, 7, and 11 September 1990. Appellant,
represented by professional counsel, was present at the proceedings.
The Investigating Officer offered into evidence twelve exhibits and
introduced the testimony of nine witnesses. Appellant offered into
evidence two exhibits and introduced the testimony of two witnesses. | Appeal No. 2524 | Suspension and Revocation Appeals Authority | 5/9/1991 | 5/9/1991 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2508 - LYLE | This appeal has been taken in accordance with 46 U.S.C. SS7702
and 46 CFR SS5.701.
By an order dated 30 May 1989, an Administrative Law Judge of the
United States Coast Guard at Houston, Texas suspended Appellant's
Merchant Mariner's Document outright for eight months upon finding
proved the charge of misconduct. The misconduct charge was supported
by two specifications, both of which were found proved. The first
specification alleged that Appellant on or about 19 December 1988,
while serving as an able seaman aboard the S/T OVERSEAS CHICAGO, did,
while said vessel was engaged in lightering operations, assault the
Chief Mate, Vernon Adkison, in the cargo control room by making The
first specification further alleged that, by confronting the Chief
Mate during the operations and in the control room, Appellant had
created a disturbance aboard the ship at a critical time. The second
specification alleged that Appellant, while serving in the same
capacity on 20 December 1988, verbally threatened the same Chief Mate
in the Captain's office.
The hearing was held at Houston, Texas, on 30 march 19898.
Appellant appeared at the hearing pro se and entered a plea of
DENIAL to the charge and all specifications.
The Investigating Officer introduced five exhibits into evidence
and called four witnesses. Thee Appellant testified in his own behalf
and introduced the testimony of four other witnesses. The Administrative Laws Judge found the charge and specifications proved
at the conclusion of the hearing on 30 March 1989. The complete
Decision and Order was issued on 15 June 1989 and was served on
Appellant on 19 June 1989. Appellant filed a notice of appeal on 12
June 1989 and perfected his appeal by filing a brief on 7 November
1989. | Appeal No. 2508 | Suspension and Revocation Appeals Authority | 6/15/1989 | 6/15/1989 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2507 - WEIS | This appeal has been taken in accordance with 46 U.S.C. SS7702
and 46 CFR SS5.701.
By an order dated 3 February 1989, an Administrative Law Judge of
the United States Coast Guard at Houston, Texas ordered an outright
suspension, for one month, of Appellant's license and merchant
mariner's document, to be followed by a two month suspension of his
documents on six months probation. The single specification
supporting the charge of misconduct alleged that Appellant, while
serving as Master aboard the S/S OMI CHARGER under the authority of
the captioned documents, did, from 23 December 1987 to 23 April 1988,
fail to lower to the water lifeboat number 1 at least once in each
three-month period in violation of 46 C.F.R. SS35.10-5(e)(5). The
hearing was held at Port Arthur, Texas, on 8 September 1988, and
Appellant was represented by professional counsel. Heard earlier that
day was the case of Captain Steven Fox, who was Appellant's successor
as Master of the S/S OMI CHARGER. After the close of the Fox hearing
and at the commencement of the Weis hearing, it was stipulated by and
between Appellant's counsel and the Senior Investigating Officer that
the transcripts of both hearings would apply to each case, including
all witnesses and exhibits, and that they would be essentially tried
in joinder. These stipulations were accepted partly because it was
the same vessel and the same counsel representing both the Appellant
and Captain Fox.
As a result of the stipulation, the Appellant introduced into
evidence ten exhibits and the testimony of five witnesses. Appellant entered a response of DENIAL to the charge and specification as
provided in 46 C.F.R. 5.527. The Senior Investigating Officer
introduced seven exhibits which were admitted into evidence and the
testimony of one witness. | Appeal No. 2507 | Suspension and Revocation Appeals Authority | 9/6/1990 | 9/6/1990 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2512 - OLIVO | This appeal has been taken in accordance with 46 U.S.C. SS7702
and 46 CFR SS5.701.
By an order dated 21 April 1989, an Administrative Law Judge of
the United States Coast Guard at Long Beach, California, suspended
Appellant's Merchant Mariner's Document outright for six months and an
additional six months, remitted on twelve months probation, upon
finding proved the charge of misconduct. The charge was supported by
two specifications which were found proved. An additional
specification was dismissed by the Administrative Law Judge.
The first specification alleges that Appellant, under the
authority of the above captioned document, was, on or about 20 January
1989, wrongfully under the influence of alcohol while aboard the M/V
EXXON YORKTOWN in violation of 33 C.F.R. SS95.045(b).
The second specification alleges that at the same time and date
aforementioned, Appellant was in wrongful possession of certain
alcoholic beverages. This specification was dismissed by the
Administrative Law Judge.
The third specification alleges that at the same time and date
aforementioned, Appellant wrongfully assaulted and battered the second
officer of the M/V EXXON YORKTOWN, Jorge Viso, by beating him with his
fists.
The hearing was held at Long Beach, California on 12 April 1989. | Appeal No. 2512 | Suspension and Revocation Appeals Authority | 10/5/1990 | 10/5/1990 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2523 - BRACKEN | This appeal has been taken in accordance with 46 U.S.C. SS7702
and 46 CFR SS5.701.
By an order dated 2 July 1990, an Administrative Law Judge of the
United States Coast Guard at Tampa, Florida suspended Appellant's
license and any documents issued for one month, remitted on three
months probation, having found proved the charge of misconduct.
The specification supporting the charge of misconduct alleges
that Appellant, while serving under the authority of the abovecaptioned
license as master of the tug M/V BELCHER PORT EVERGLADES,
O.N. 636207, did, on 8 January 1990, wrongfully fail to report as soon
as possible the grounding of barge BELCHER 101 (which said tug was
towing) as required in 46 C.F.R. 4.05-1(a).
The hearing was held at Tampa, Florida on 12 February and 30
March 1990. Appellant was not present at the initial session but was
present at the subsequent session. Appellant was represented at both
sessions by professional counsel. At the hearing, Appellant entered
an answer of "deny" to the charge and specification. | Appeal No. 2523 | Suspension and Revocation Appeals Authority | 5/7/1991 | 5/7/1991 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2511 - GILTNER | This appeal has been taken in accordance with 46 U.S.C. SS7702
and 46 CFR SS5.701.
By an order dated 19 April 1989, an Administrative Law Judge of
the United States Coast Guard at New Orleans, Louisiana revoked
Appellant's Merchant Mariner's License upon finding proved the charge
and specification of misconduct having been convicted of a violation
of a Federal narcotics law.
The specification supporting the single charge alleges that
Appellant, while the holder of the above captioned license was
convicted on or about 15 August 1988, in U.S. District Court, Middle
District of Florida, Tampa Division, of conspiracy to import in excess
of 1,000 pounds of marijuana with the intent to distribute.
The hearing was held at Tampa, Florida on 4 April 1989.
Appellant appeared pro se, having been fully advised of his right
to professional counsel. The Investigating Officer presented three
exhibits which were admitted into evidence. Appellant presented three
exhibits which were admitted into evidence. Appellant entered the
answer of deny to the charge and specification. Upon finding proved
the charge and specification of misconduct, the Administrative Law Judge revoked Appellant's license. | Appeal No. 2511 | Suspension and Revocation Appeals Authority | 9/6/1990 | 9/6/1990 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2526 - WILCOX | This appeal has been taken in accordance with 46 U.S.C. SS7702
and 46 CFR SS5.701.
By an order dated 17 October 1990, an Administrative law Judge of
the United States Coast Guard at Seattle, Washington revoked
Appellant's Merchant Mariner's Document upon finding proved the charge
and specification of violating 46 U.S.C. SS7704 by using a controlled
substance, marijuana. The specification found proved alleges that
Appellant, while the holder of the above-captioned document, did, on
or about 15 May 1990 have marijuana metabolite present in his body as
revealed through a drug screening test. Appellant submitted an answer
of no contest to the charge and specification.
The Administrative Law Judge fully advised Appellant and his
counsel that an answer of no contest is the same as an admission in
that the Investigating Officer is relieved of the burden of proving
the allegation. [TR 10-11]. Accordingly, the Administrative Law
Judge found the charge and specification proved and entered an order
of revocation.
Appellant testified under oath in matters of extenuation and
mitigation. Appellant filed a notice of appeal on 20 November 1990
and received the transcript of the proceedings on 11 December 1990.
Upon receiving a filing extension, Appellant timely filed a supporting
brief on 21 February 1991. Accordingly, this matter is properly
before the Commandant for disposition. | Appeal No. 2526 | Suspension and Revocation Appeals Authority | 5/6/1991 | 5/6/1991 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2504 - GRACE | This appeal has been taken in accordance with 46 U.S.C. SS7702
and 46 CFR SS5.701.
By an order dated 17 October 1989, an Administrative Law Judge of
the United States Coast Guard at Houston, Texas, revoked Appellant's
Merchant Mariner's Document upon finding proved the charge and
specification of misconduct for possession of a controlled substance,
marijuana.
The specification alleges that Appellant, while serving under the
authority of his above captioned document as seaman on board the M/T
KENAI, a merchant vessel of the United States, did, on 6 January 1989,
possess a controlled substance.
The hearing was held at Houston, Texas on 20 March and 2 August
1989. Appellant appeared and was represented by professional counsel.
Appellant's case was joined with that of another respondent with the
consent of Appellant.
The Investigating Officer called three witnesses, who testified
under oath, and presented nine exhibits which were admitted into
evidence. Appellant testified under oath in his own behalf. Upon
finding proved the charge and specification of misconduct, the
Administrative Law Judge revoked Appellant's document. | Appeal No. 2504 | Suspension and Revocation Appeals Authority | 8/20/1990 | 8/20/1990 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2515 - COUSINS | This appeal has been taken in accordance with 46 U.S.C. SS7702
and 46 CFR SS5.701.
By an order dated 16 October 1989, an Administrative Law Judge of
the United States Coast Guard at Seattle, Washington, suspended
Appellant's Merchant Mariner's License outright for a period of nine
months upon finding proved the charge of negligence. The charge was
supported by one specification which was found proved. The
specification alleged that Appellant, while serving as third mate
under the authority of the captioned license, on board the T/S EXXON
VALDEZ, on or about 23 March 1989, at approximately 2355 and on or
about 24 March 1989, at approximately 0002 while the vessel was in
Prince William Sound, Alaska, failed to maintain an accurate record of
the vessel's position, and failed to ensure steering commands to
return the vessel to the Prince William Sound Traffic Separation
Scheme were executed in a timely manner, thereby placing the vessel in
danger of grounding.
The hearing was held at Seattle, Washington on 5 October 1989.
Appellant appeared at the hearing and was represented by professional
counsel. Appellant entered, in accordance with 46 C.F.R. SS5.527(b),
an answer of no contest to the charge and specification. | Appeal No. 2515 | Suspension and Revocation Appeals Authority | 10/28/1990 | 10/28/1990 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2509 - BRYANT | This appeal has been taken in accordance with 46 U.S.C. SS7702
and 46 CFR SS5.701.
By an order dated 13 December 1989, an Administrative Law Judge
of the United States Coast Guard at Miami, Florida suspended
Appellant's Merchant Mariner's License outright for 3 months plus an
additional suspension of 8 months remitted on 12 months probation upon
finding proved the charge of misconduct supported by 4 specifications.
The 4 supporting specifications alleged that, at various times in
1988 and 1989, Appellant misrepresented his qualifications which were
required in order to obtain a first class pilotage endorsement in U.S.
navigable waters. A fifth specification was dismissed upon the motion
of the Investigating Officer. The incidents occurred at Coast Guard
Regional Examination Centers (RECs) in Miami, Florida; Houston, Texas;
and New Orleans, Louisiana.
The hearing was held at Miami, Florida on 31 October 1989.
Appellant appeared and elected to advance his defense pro se after
being fully advised of his right to professional counsel. Appellant
submitted an answer of "no contest" to the charge and specifications.
Appellant filed no motions or objections. Upon the motion of the Investigating Officer, the Administrative Law Judge dismissed
specification 2 of the charge. Accordingly, the Administrative Law
Judge found the remaining charge and specifications proved without the
presentation of evidence by the Investigating Officer as permitted by
46 C.F.R. 5.527. | Appeal No. 2509 | Suspension and Revocation Appeals Authority | 9/6/1990 | 9/6/1990 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2484 - VETTER | This appeal has been taken in accordance with 46 U.S.C. SS7702
and 46 CFR SS5.701, 5.607.
By his order dated 22 March 1988, an Administrative Law Judge of
the United States Coast Guard at Lost Angeles, California, revoked
Appellant's Merchant Mariner's license and document upon finding
proved the charge of misconduct. The specifications supporting the
charge of misconduct alleged that Appellant, while serving under the
authority of his above-captioned license and document, aboard the SS
OVERSEAS CHICAGO, did, on 3 February 1988, wrongfully report for watch
in an intoxicated condition, wrongfully assault and batter the master
and the chief mate, and wrongfully create a disturbance aboard the
OVERSEAS CHICAGO.
The hearing was held in absentia under the provisions of 46
C.F.R. SS515.5(a) at Los Angeles, California on 9 March 1988. The
Investigating Officer introduced the testimony of three witnesses and
four exhibits into evidence. The Administrative Law Judge issued his
final Decision and Order on 22 March 1988. | Appeal No. 2484 | Suspension and Revocation Appeals Authority | 5/3/1989 | 5/3/1989 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2487 - THOMAS | This appeal has been taken in accordance with 46 U.S.C. SS7702
and 46 CFR SS5.701, 5.607.
By his order dated 15 January 1988, an Administrative Law Judge
of the United States Coast Guard at Norfolk, Virginia, suspended
Appellant's Merchant Mariner's license for three months, plus an
additional suspension for three months, remitted on three months
probation, upon finding proved the charge of negligence. A charge of
misconduct supported by two specifications was found not proved. The
two specifications supporting the charge of negligence alleged that
Appellant, while serving under the authority of his above-captioned
license, aboard the M/V VENTURE, did, on 22 October 1986, negligently
absent himself from the wheelhouse of the vessel, endangering the
life, limb and property of the passengers and crew, and that on that
same date, Appellant negligently failed to post a lookout. The
hearing was held at Charlotte Amalie, St. Thomas, Virgin Islands on 12
February, 4 and 5 June 1987. Appellant was represented by
professional counsel and introduced six exhibits into evidence as well
as the testimony of three witnesses and the Appellant. Appellant
entered a response of DENIAL to the charge and specifications. The
Investigating Officer introduced five exhibits that were received into evidence. Four witnesses testified at the request of the
Investigating Officer. The Administrative Law Judge's decision was
issued on 24 October 1987 and his final order issued on 15 January
1988. | Appeal No. 2487 | Suspension and Revocation Appeals Authority | 7/12/1989 | 7/12/1989 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2517 - BURRUS | This appeal has been taken in accordance with 46 U.S.C. SS7702
and 46 CFR SS5.701, 5.607.
By an order dated 7 August 1987, an Administrative Law Judge of
the United States Coast Guard at Norfolk, Virginia, revoked Appellant's
Merchant Mariner's Document upon finding proved the charge of
misconduct. The specification supporting the charge of misconduct
alleged that Appellant, while serving under the authority of his
above-captioned document aboard the USNS ALTAIR, did, while the vessel
was at anchor on 6 April 1987, wrongfully assault and batter a member
of the crew with his fists and a broken plate.
The hearing was held at Norfolk, Virginia, on 5 May 1987.
Appellant appeared pro se at the hearing and entered a
response of deny to the charge and specification. The Investigating
Officer presented seven exhibits which were admitted into evidence and
produced the testimony of seven witnesses. Appellant testified in his
own behalf.
The order revoking appellant's document was issued in writing by
the Administrative Law Judge on 6 May 1987. The record does not
indicate when the order was served on appellant. However, Appellant's
Notice of Appeal, Addendum and Brief, and Request for Transcript were
received by the Administrative Law Judge on 1 June, 1987. Appellant's
request for an extension of time in which to file a brief and second request for a transcript were received by the Administrative Law Judge
on 29 June, 1987, and the record indicates that the Decision and Order
was served on appellant on that date. | Appeal No. 2517 | Suspension and Revocation Appeals Authority | 2/6/1991 | 2/6/1991 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2470 - GIACHETTI | This appeal has been taken in accordance with 46 U.S.C. SS7702
and 46 CFR Part 5, Subpart J.
By order of 13 November 1985, an Administrative Law Judge of the
United States Coast Guard at New York, New York, revoked Appellant's
license and merchant mariner's document, upon finding proved the
charge of misconduct. The specifications found proved allege that
Appellant did, while serving as master aboard the SS MORMACSTAR, under
the authority of the captioned documents, on or about 9 October 1984,
fail to obey the orders of the Military Sealift Command Preparedness
Group One to get the vessel underway for convoy exercises and a
surveillance run; and that Appellant did, while serving as stated, on
the same date, commit an act of barratry by instituting an illegal job
action by wrongfully refusing to sail the vessel as ordered by its
owner and the Department of the Navy, thereby causing the vessel to be
placed off hire from its charter, an act which was to the injury of
the owner.
The hearing was held at Philadelphia, Pennsylvania, on 21 May and
12 June 1985. Appellant was present at the hearing, and was
represented by professional counsel. He denied the charge and
specifications. | Appeal No. 2470 | Suspension and Revocation Appeals Authority | 8/23/1988 | 8/23/1988 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2465 - O'CONNELL | This appeal has been taken in accordance with 46 U.S.C. SS7702
and 46 CFR Part 5, Subpart J.
By order of 11 February 1987, an Administrative Law Judge of the
United States Coast Guard at Tampa, Florida, suspended Appellant's
license outright for four months, plus nine months remitted on twelve
months probation, upon finding proved the charge of negligence. He
also suspended Appellant's license outright for an additional two
months for violating a previous order of suspension on probation. The
specification found proved alleges that Appellant did, while serving
as pilot aboard the M/V SEAFARER under the authority of the captioned
license, on or about 19 August 1985, while the vessel was assisting
the T/B OCEAN 255 inbound in Tampa Bay, fail to perform his duty to
direct and control the vessel as required, in that he failed
adequately or prudently to navigate the vessel resulting in the
grounding of the tank barge OCEAN 255 in the vicinity of Buoy 11J,
Tampa Bay, Florida. | Appeal No. 2465 | Suspension and Revocation Appeals Authority | 5/10/1988 | 5/10/1988 | | 11/30/2017 |