| Suspension and Revocation Appeals Authority | 2150 - THOMAS | This appeal has been taken in accordance with 46 U.S.C. 239(g)
and 46 CFR 5.30-1.
By order dated 15 May 1978, an Administrative Law Judge of the
United States Coast Guard at Long Beach, California, suspended
Appellant's seaman's documents for three months on twelve months'
probation, upon finding him guilty of misconduct. The two
specifications found proved allege that while serving as first
assistant engineer on board the United States SS BALDBUTTE under
authority of the license above captioned, on or about 25 and 26
January 1978, while the vessel was shifting berths in Long Beach,
Appellant did wrongfully fail to perform his duties as first
assistant Engineer by being absent from the vessel without leave.
The hearing was held at Long Beach from 22 February 1978 to 8
May 1978.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and each
specification. | Appeal No. 2150 | Suspension and Revocation Appeals Authority | 3/20/1979 | 3/20/1979 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2166 - REGISTER | This appeal has been taken in accordance with 46 U.S.C. 239(g)
and 46 CFR 5.30-1.
By order dated 15 June 1978, an Administrative Law Judge of
the United States Coast Guard at Jacksonville, Florida, after a
hearing at Jacksonville, Florida, on 25, 27, and 29 April 1978,
suspended Appellant's license for a period of three months on
probation for twelve months upon finding him guilty of negligence.
The one specification of the charge of negligence found proved
alleges that Appellant, "while serving as Pilot aboard M/V PUERTO
RICO, under authority of the captioned documents, did on or about
1040, 25 March 1978, while entering the Saint Johns River from
seaward, failed[sic] to reduce the speed of the M/V PUERTO RICO
sufficiently in that the wake generated by said vessel was
excessive and caused damage to personal property on the adjacent
shoreline."
At the hearing, Appellant was represented by professional
counsel. Appellant entered a plea of not guilty to the charge and
specification. | Appeal No. 2166 | Suspension and Revocation Appeals Authority | 9/18/1979 | 9/18/1979 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2364 - CAMPANA | This appeal has been taken in accordance with 46 U.S.C. 239(g)
and 46 CFR 5.30-1.
By order dated 15 August 1983, an Administrative Law Judge of
the United States Coast Guard at Alameda, California, suspended
Appellant's seaman's document for six months on twelve months'
probation, upon finding him guilty of misconduct. The
specification found proved alleges that while serving as wiper on
board the United States S.S. PRESIDENT PIERCE under authority of
the document above captioned, on or about 1600, 21 April 1983,
Appellant did wrongfully disobey a lawful order of the First
Engineer, Roy A. Carlson, in that he refused to pick up debris.
The hearing was held at Alameda, California, on 8 August 1983.
Appellant did not appear at the hearing and was not
represented. The hearing proceeded in absentia. The
Administrative Law Judge entered a plea of not guilty on behalf of
Appellant.
The Investigating Officer introduced in evidence seven
exhibits. | Appeal No. 2364 | Suspension and Revocation Appeals Authority | 7/10/1984 | 7/10/1984 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2051 - DESVAUX | This appeal has been taken in accordance with 46 U.S.C. 239(g)
and 46 CFR 5.30-1.
By order dated 13 February 1975, an Administrative Law Judge
of the United States Coast Guard at New York, New York, suspended
Appellant's seaman's documents for one month outright plus four
months on fifteen months' probation upon finding her guilty of
misconduct. The specifications found proved allege that while
serving as rooms messman and crew messman on board SS YOUNG AMERICA
under authority of the document above captioned, Appellant:
(1) and (2) on 27 July 1974 wrongfully showed disrespect to
the Master of the vessel by means of letters addressed to
him;
(3) on 31 July 1974 wrongfully addressed the Chief Officer
with profane and disrespectful language;
(4) on 28 July 1974, acted in a disrespectful manner to the
Radio Officer through words and gestures; and
(5) on 31 July 1974, assaulted and battered the radio officer by striking him with her hands. | Appeal No. 2051 | Suspension and Revocation Appeals Authority | 3/19/1976 | 3/19/1976 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2149 - ENGLISH | This appeal has been taken in accordance with 46 U.S.C. 239(g)
and 46 CFR 5.30-1.
By order dated 12 June 1978, an Administrative Law Judge of
the United States Coast Guard at Long Beach, California, suspended
Appellant's seaman's documents for one month, plus four months on
twelve months' probation, upon finding him guilty of misconduct.
The specification preferred alleged that while serving as crew
pantryman on board the United States SS MANHATTAN under authority
of the document above captioned, on or about 5 June 1978, Appellant
wrongfully did assault and batter by beating with his fists a
member of the crew, one Younis A. Khan.
The hearing was held at Long Beach, California, on 7 June
1978.
At the hearing, Appellant elected to act as his own counsel
and entered a plea of not guilty to the charge and specification.
The Investigating Officer introduced in evidence the testimony
of two witnesses and Appellant testified in his own behalf.
When both sides had rested, the Administrative Law Judge, on
his own motion, amended the specification by substituting the words
"engage in mutual combat" for the words "assault and batter".
At the end of the hearing, the Administrative Law Judge
rendered a written decision in which he concluded that the charge
and specification, as amended by him, had been proved. He then
entered an order suspending all documents issued to Appellant for
a period of one month plus four months on twelve months' probation.
The entire decision was served on 15 June 1978. Appeal was
timely filed. | Appeal No. 2149 | Suspension and Revocation Appeals Authority | 3/8/1979 | 3/8/1979 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2330 - STRUDWICK | This appeal has been taken in accordance with 46 U.S.C. 239(g)
and 46 CFR 5.30-1.
By order dated 11 March 1983, an Administrative Law Judge of
the United States Coast Guard at Jacksonville, Florida revoked
Appellant's license upon finding him guilty of the charge of
"conviction for a narcotic drug law violation." The specification
found proved alleges that on or about 28 January 1980, Appellant
was convicted of conspiracy to traffic in cannabis by the Circuit
Court of the Seventeenth Judicial Circuit, in and for Broward
County Florida.
The hearing was held at Miami, Florida on 9 February 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 four
exhibits. | Appeal No. 2330 | Suspension and Revocation Appeals Authority | 10/7/1983 | 10/7/1983 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2264 - MCKNIGHT | This appeal has been taken in accordance with 46 U.S.C. 239(g)
and 46 CFR 5.30-1.
By order dated 11 December 1980, an Administrative Law Judge
of the United States Coast Guard at New York, New York, suspended
Appellant's Operator's License for two months on nine months'
probation, upon finding him guilty of negligence. The
specification found proved alleged that while serving as Operator
on board the Tug Holly under authority of the license above
captioned, on or about 8 March 1980, Appellant negligently absented
himself from the wheelhouse of the said vessel, leaving the
responsibilities of navigation of the said vessel and its tow to an
unlicensed deckhand, Woodard Willis, thereby contributing to the
said vessel's collision with the N.C. Highway #58 Bridge across the
Atlantic Intracoastal Waterway at approximately Mile 225.9.
The hearing was held at Wilmington, North Carolina, on 28
August 1980.
At the hearing, Appellant elected to act as his own counsel
and entered a plea of not guilty to the charge and specification. | Appeal No. 2264 | Suspension and Revocation Appeals Authority | 9/8/1981 | 9/8/1981 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2178 - HALL | This appeal has been taken in accordance with 46 U.S.C. 239(g)
and 46 CFR 5.30-1.
By order dated 10 August 1978, an Administrative Law Judge of
the United States Coast Guard at Long Beach, California, 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 of M/V GRANDE, under
authority of the license above captioned, on or about 3 July 1978,
Appellant negligently allowed passengers to throw trash and debris
over the side in violation of the Refuse Act of 1899.
At the hearing Appellant was represented by non-professional
counsel and entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced in evidence the oral
testimony of two witnesses.
In defense Appellant introduced the oral testimony of three
witnesses, including his own, and three photographs. | Appeal No. 2178 | Suspension and Revocation Appeals Authority | 1/3/1980 | 1/3/1980 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2286 - SPRAGUE | This appeal has been taken in accordance with 46 U.S.C. 239(g)
and 46 CFR 5.30-1.
By order dated 10 April 1981, an Administrative Law Judge of
the United States Coast Guard at Philadelphia, Pennsylvania issued
an order of admonition to Appellant upon finding him guilty of
misconduct. The specification found proved, alleges that while
serving as CHIEF ENGINEER on board the SS COVE NAVIGATOR under
authority of the license above captioned, between 3 January 1981
and 24 February 1981, Appellant failed to notify the Coast Guard,
as required by the Certificate of Inspection, that the boiler
management system was not operating properly.
The hearing was held at Philadelphia, Pennsylvania on 25 March
1981.
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 four
documents and the testimony of two witnesses. | Appeal No. 2286 | Suspension and Revocation Appeals Authority | 10/14/1982 | 10/14/1982 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2274 - SMART | This appeal has been taken in accordance with 46 U.S.C. 239(g)
and 46 CFR 5.30-1
By order dated 28 July 1981, an Administrative Law Judge of
the United States Coast Guard at Long Beach, California, suspended
Appellant's seaman's documents for two months on six months'
probation, upon finding him guilty of misconduct. The
specification found proved alleged that while serving as Tankerman
on board the Crowley Barge 4 under authority of the document above
captioned, on or about 16 June 1981, Appellant wrongfully smoked a
cigarette on the weather deck of said vessel while not in a gas
free condition at Long Beach Berth 233 while bunkering the M/V
ORIENTAL EXECUTIVE.
The hearing was held at Long Beach, California, on 6 and 16
July 1981.
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 one document,
and an agreed stipulation of facts.
In defense, Appellant offered in evidence the testimony of two
witnesses, including his own, and documentary exhibits. | Appeal No. 2274 | Suspension and Revocation Appeals Authority | 5/5/1982 | 5/5/1982 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2333 - AYALA | This appeal has been taken in accordance with 46 U.S.C. 239(g)
and 46 CFR 5.30-1
By order dated 21 May 1980, an Administrative Law Judge of the
United States Coast Guard at New York, New York suspended
Appellant's seaman's document for four months, plus two months on
nine months' probation, upon finding him guilty of misconduct. The
specification found proved alleges that while serving as able
seaman on board the United States SS MORMACSAGA under authority of
the document above captioned, on 11 October 1979, Appellant
assaulted and battered Simon Flax, the Boatswain, by striking him
with a "4x4" wooden board.
The hearing was held at New York, New York on 27 November, 3
and 14 December 1979, 17 and 20 January and 13 February 1980.
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 six
exhibits and the testimony of three witnesses. In defense,
Appellant offered in evidence his own testimony.
After the end of the hearing, the Administrative Law Judge
rendered a written decision in which he concluded that the charge
and specification had been proved. The entire decision was served
on 31 May 1980. Appeal was timely filed on 13 June 1980 and
perfected on 8 October 1980. | Appeal No. 2333 | Suspension and Revocation Appeals Authority | 12/5/1983 | 12/5/1983 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2354 - DITMARS | This appeal has been taken in accordance with 46 U.S.C. 239(g)
46 CFR 5.30-1 and 46 CFR 5.30-15.
By order dated 26 May 1983, an Administrative Law Judge of the
United States Coast Guard, at Miami, Florida, revoked Appellant's
seaman's license upon finding proved the charge of convict ion for
a narcotic drug law violation. The specification found proved
alleges that being the holder of the license above captioned, on or
about 23 December 1982 Appellant was convicted of knowingly,
intentionally, and unlawfully possessing a controlled substance, to
wit, marijuana.
The hearing was held at Miami, Florida on 26 May 1983.
At the hearing, Appellant represented himself and entered a
plea of guilty to the charge and specification.
The Investigation Officer introduced in evidence five
documents including a copy of the judgement of conviction of the
New Jersey Superior Court, Mercer County, in the case State of
New Jersey v. Gary Neal Ditmars, and a true copy of the
indictment filed in the same ease. | Appeal No. 2354 | Suspension and Revocation Appeals Authority | 6/5/1984 | 6/5/1984 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2167 - JONES | This appeal has been taken in accordance with 46 U.S.C. 239
(g) and 46 CFR 5.30-1.
By order dated 5 May 1978, and Administrative Law Judge of the
United States Coast Guard at San Francisco, California, after a
hearing at San Francisco, California, on 17 and 27 February and 30
March 1978, suspended Appellant's license and all other valid Coast
Guard issued licenses for a period of three months on probation for
six months upon finding him guilty of negligence. The one
specification of the charge of negligence found proved alleges that
Appellant, while serving as Master aboard SS SANTA MARIA, under
authority of the captioned document, did, on 9 February 1978, fail
to take timely action to prevent SS SANTA MARIA from running into
water too shallow for her draft, thereby causing the vessel to
ground in Carquinez Strait, California, on 9 February 1978.
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 four witnesses, one deposition, and four documents. | Appeal No. 2167 | Suspension and Revocation Appeals Authority | 10/17/1979 | 10/17/1979 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2171 - DEIBAN | This appeal has been taken in accordance with 46 U.S.C. 239
(g) and 46 CFR 5.30-1.
By order dated 21 December 1977, an Administrative Law Judge
of the United States Coast Guard at New York, New York, after a
hearing at New York, suspended Appellant's Merchant Mariner's
Document for a period of nine months and further suspended his
document for and additional period of three months on probation for
twelve months upon finding him guilty of misconduct. The
specifications found proved allege that while serving as a wiper on
board SS MARINE EAGLE, under authority of the above captioned
document, Appellant on or about 5 August 1976 wrongfully assaulted
and battered Arthur T. Rudder, the Assistant Engineer, and that
Appellant wrongfully assaulted and battered Arthur T. Rudder with
a dangerous weapon.
Appellant was represented by professional counsel at the
hearing. The proceedings were interpreted form English to
Appellant's native language, Arabic, for Appellant's benefit.
Appellant entered a plea of not guilty to the charge and
specifications.
The Investigating Officer introduced into evidence the
depositions of the victim and another eyewitness to the alleged
incident.
In defense, Appellant introduced into evidence and undated
statement of the Chief Officer of MARINE EAGLE which purports to reflect the oral unsworn statement of Appellant with respect to the
alleged incidents. | Appeal No. 2171 | Suspension and Revocation Appeals Authority | 11/6/1979 | 11/6/1979 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2603 - HACKSTAFF | This appeal has been taken in accordance with 46 U.S.C. § 7702 and 46 C.F.R. § 5.701.
By order dated 8 June 1993, an Administrative Law Judge (ALJ) of the United States Coast Guard at San Diego,
California 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 before 16 March
1993, Appellant used marijuana, based upon a urine specimen collected on that date which subsequently tested
positive for the presence of marijuana metabolites.
A hearing was held at San Diego, California on 27 May 1993. Appellant appeared with professional counsel by
whom he was represented throughout the hearing and this appeal. Appellant denied the charge and specification
per 46 C.F.R. § 5.527. The Investigating Officer (IO) introduced into evidence five exhibits and the testimony of
two witnesses. After the government rested, and after the ALJ denied Appellant's motion to dismiss, Appellant
testified in his own behalf and introduced three exhibits. At the end of the hearing, the ALJ rendered an oral
decision in which he found that the charge and specification were proved. The ALJ's written decision and order
were entered on 8 June 1993 and were served on Appellant on 25 June 1993. Appellant filed notice of appeal on
14 June 1993. Appellant perfected his appeal by filing a brief on 16 November 1993, within the filing
requirements of 46 C.F.R. § 5.703. Thus this appeal is properly before me.
Appearance: David W. Tiffany, attorney for Appellant, Centerside Tower I, 3111 Camino Del Rio North, Suite
1108, San Diego, CA 92108, (619) 528-2335. | Appeal No. 2603 | Suspension and Revocation Appeals Authority | 8/10/1998 | 8/10/1998 | | 11/28/2017 |
| Suspension and Revocation Appeals Authority | 2472 - GARDNER | This appeal has been taken in accordance with 46 U.S.C. #7702 and
46 CFR #5.701.
By order dated on 28 September 1987, an Administrarive Law Judge
of the United States Coast Guard at Houston, Texas, suspended,
on six months probation, Appellant's Merchant Mariner's License and
Document for a period of one month upon finding proved a Charge
of Misconduct, supported by one specification.
The specification found proved under the Charge of Misconduct
alleged that Appellant, while serving as Master aboard the ferry
CONE JOHNSON, under the authority of the captioned license and
document, did, at or about 2:49 PM local time on 21 June 1987.
while overtaking a sailing vessel on Galveston Bay, a navigable
waterway of the United States, fail to keep out of the way of
the overtaken vessel as required by Rule 13 of the Inland Navigation
Rules, to wit: the ferry CONE JOHNSON's passage did cause the
operator of the sailing vessel to lose control of his vessel. | Appeal No. 2472 | Suspension and Revocation Appeals Authority | 8/6/1987 | 8/6/1987 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2562 - BEAR | This appeal has been taken in accordance with 46 U.S.C. #
7702 and 46 C.F.R. # 5.701.
By an order dated December 5, 1992, an Administrative Law
Judge of the United States Coast Guard at Honolulu, Hawaii,
revoked Appellant's Merchant Mariner's Document and License
upon finding proved a charge of use of dangerous drugs. The
single specification supporting the charge alleged that, on or
about November 18, 1991, Appellant wrongfully used cocaine as
evidenced by a urine specimen collected on that date pursuant
to a pre-employment drug test program by his prospective
employer, Hawaiian Tug and Barge Corporation. .
The hearing was convened in Honolulu, Hawaii, on June 3,
1992, and then reconvened on December 5, 1992, after a
continuance requested by Appellant. Appellant was represented
by professional counsel. Appellant entered a response denying
the charge and specification. The Investigating Officer offered 13 exhibits into evidence, nine of which were admitted.
One of these exhibits [I.O. Ex. 13] was a "Litigation Package"
from Nichols Institute that contained 11 documents concerning
the testing and re-testing of Appellant's urine sample.
The Investigating Officer also introduced the testimony of
one witness. Appellant introduced 5 exhibits into evidence
and introduced the testimony of two witnesses, one of whom
testified by a written stipulation entered into between the
Investigating Officer and Appellant. In addition, Appellant
testified under oath in his own behalf. | Appeal No. 2562 | Suspension and Revocation Appeals Authority | 3/1/1995 | 3/1/1995 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2363 - MANN | This appeal has been taken in accordance with 46 U.S. Code
239(g) and 46 CFR 5.30-1.
By order dated 8 July 1982, an Administrative Law Judge of the
United States Coast Guard at San Francisco, California suspended
Appellant's Seaman's License for three months upon finding him
guilty of misconduct. The specifications found proved allege that
while serving as Operator on board the M/V CAPTAIN HORNBLOWER,
under authority of the license above captioned, Appellant did on 16
and 17 February 1981, while carrying 66 and 48 passengers
respectively between the hours of 1900 and 2300 each day,
wrongfully operate said vessel, a non-Coast Guard certificated
vessel, in violation of the provisions of 46 U.S.C. 390c(a). The
hearing was held at san Francisco, California, on 2 March, 2 April,
7 April, 1 May, 7 May, 24 June, and 7 July 1981.
At the hearing, Appellant was represented by professional
counsel, and entered a plea of not guilty to the charge and
specifications.
The Investigating Officer introduced in evidence eight
exhibits and the testimony of two witnesses. | Appeal No. 2363 | Suspension and Revocation Appeals Authority | 6/12/1984 | 6/12/1984 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2567 - PEREIRA | This appeal has been taken in accordance with 46 U.S. C. 7702 and 46 C.F.R. 5.701.
By order dated August 12, 1993, an Administrative Law Judge
(ALJ) of the United States Coast Guard at Norfolk, Virginia
suspended Appellant's document outright for six months, with a further six months' suspension on twelve months probation, upon
finding proved a charge of misconduct. The sole
specification supporting the charge alleged that Appellant, while serving as QMED-Electrician aboard M/V PFC WILLIAM B. BAUGH, O.N. 674269, under authority of his document, on September 2, 1992, while said vessel was at Diego Garcia, British Indian Ocean Territory (B.I.O.T.), wrongfully submitted falsified work reports for fan tests. A hearing was held at Norfolk, Virginia on July 28, 1993.
Appellant did not appear at the hearing, nor was he otherwise
represented during the proceedings. After inquiry on the record
as to the facts of service of the charge and notice of the hearing,
the ALJ permitted the hearing to proceed in absentia, as
provided in 46 C.F.R. 5.515.The ALJ denied the charge and
specification on behalf of the Appellant as provided in 46 C.F.R.
5.527. The Investigating Officer (IO) introduced into evidence ten
exhibits and the testimony of three witnesses. A letter from Appellant seeking to change the date and location of the hearing
was introduced as an exhibit for Appellant. The ALJ
had previously denied Appellant's request by letter. TR at 20,
ALJ Ex. I. At the end of the hearing, the ALJ rendered an oral
decision in which he found that the charge and specification were
proved. Appellant filed notice of appeal on August 27, 1993,
apparently based on a telephone call through which he learned of the ALJ's oral decision. The ALJ's written decision and order were
entered on September 15, 1993, and were served on Appellant some time prior to September 24, 1993. | Appeal No. 2567 | Suspension and Revocation Appeals Authority | 6/20/1995 | 6/20/1995 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2530 - GULLEY | 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 January 1990, 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 9 February 1990,
Appellant was tested and found to be a user of a dangerous drug, to
wit: cocaine.
The hearing was held at New York, New York on 30 October 1990.
The Investigating Officer introduced one exhibit into evidence and
introduced the testimony of one witness. Appellant appeared
prose and testified in his own behalf. 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 revoking
Appellant's Merchant Mariner's Document was entered on 8 January
1990 (It is noted that this is an administrative error. The date
should read "1991"). The decision and order was served on
Appellant on 17 January 1991. Appellant filed a notice of appeal
on 11 February 1991. Upon request, a transcript of the proceedings
was served on Appellant on 8 April 1991. Appellant submitted a
brief on 17 June 1991, having received an extension of the filing
deadline. Accordingly, this matter is properly before the Commandant for review. | Appeal No. 2530 | Suspension and Revocation Appeals Authority | 11/8/1991 | 11/8/1991 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2369 - ASHLEY | This appeal has been taken in accordance with 46 U. S. C.
239(g) and CFR 5.30-1.
By order dated 23 February 1983, an Administrative Law Judge
of the United States Coast Guard at Long Beach, California,
suspended Appellant's license for 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 ELDORADO under authority of the
license above captioned, on or about 1400, 22 January 1983,
Appellant failed "to maneuver his vessel with caution, placing it
in risk of a collision with the SS EXXON GALVESTON, and making it
necessary for the SS EXXON GALVESTON, which was to the right in a
crossing situation, to make an emergency maneuver."
The hearing was held at Long Beach, California on 10 February
1983.
At the hearing, Appellant elected to act as his own counsel
and entered a plea of not guilty to the charge and specification. | Appeal No. 2369 | Suspension and Revocation Appeals Authority | 8/22/1984 | 8/22/1984 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2370 - LEWIS | This appeal has been taken in accordance with 46 U. S. C.
239(g) and 46 CFR 5.30-1.
By order dated 17 March 1983, an Administrative Law Judge of
the United States Coast Guard at Norfolk, Virginia, suspended
Appellant's license for six months on twelve months' probation,
upon finding him guilty of negligence. The specification found
proved alleges that while serving as Operator on board the M/V
EXXON CRYSTAL RIVER under authority of the license above captioned,
on or about 10 February 1983, Appellant negligently failed to
safely navigate a flotilla consisting of the M/V EXXON CRYSTAL
RIVER and EXXON BARGE NUMBER 32, resulting in an allision between
the flotilla and the Koch Oil Terminal Pier in Newport News,
Virginia.
The hearing was held at Norfolk, Virginia on 17 March 1983.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification. | Appeal No. 2370 | Suspension and Revocation Appeals Authority | 9/5/1984 | 9/5/1984 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2396 - MCDOWELL | This appeal has been taken in accordance with 46 U. S. C. 7702
and 46 CFR 5.30-1.
By order dated 5 October 1984, an Administrative Law Judge of
the United States Coast Guard at St. Louis, Missouri, suspended
Appellant's merchant mariner's license for three months on twelve
months' probation upon finding him guilty of negligence. The
specification found proved alleges that Appellant, while navigating
the M/V ANANGEL SPIRIT under the authority of the license above
captioned, on or about 27 November 1983 while approaching the
MacArthur Lock, in the St. Marys River failed to maintain control
of the M/V ANANGEL SPIRIT by allowing it to sheer into the path of
the M/V INDIANA HARBOR resulting in the M/V ANANGEL SPIRIT
colliding with the M/V INDIANA HARBOR.
The hearing was held at St. Ignace, Michigan, on 15 December
1983.
At the hearing Appellant was represented by professional
counsel, and entered a plea of not guilty to the charge and
specification. | Appeal No. 2396 | Suspension and Revocation Appeals Authority | 7/11/1985 | 7/11/1985 | | 12/7/2017 |
| Suspension and Revocation Appeals Authority | 2424 - CAVANAUGH | This appeal has been taken in accordance with 46 U. S. C. 7702
and 46 CFR 5.30-1.
By order dated 31 January 1985, an Administrative Law Judge of
the United States Coast Guard at Alameda, California, revoked
Appellant's seaman's document upon finding proved a charge of
misconduct and a charge of being a user of a dangerous drug. The
specifications supporting these two charges allege that Appellant,
while serving under authority of the captioned document on board
the SS CONSTITUTION did, on or about 1900 24 February 1984 while
said vessel was at sea, wrongfully use cocaine and at the same time
and place, being holder of the captioned document, was a user of
and did use cocaine.
The hearing was held at Honolulu, Hawaii, on 10, 23 and 24
March 1984.
At the hearing Appellant was represented by professional
counsel and entered a plea of not guilty to the charges and
specifications.
The Investigating Officer introduced in evidence four exhibits
and the testimony of five witnesses.
In defense, Appellant introduced in evidence two exhibits, his
own testimony, and the testimony of four additional witnesses. | Appeal No. 2424 | Suspension and Revocation Appeals Authority | 6/6/1986 | 6/6/1986 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2464 - FUTCHER | This appeal has been taken in accordance with 46 CFR Part 5,
Subpart J. 46 CFR SS5.701.
By order dated 24 March 1986, 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 a charge
of misconduct. The charge was supported by four specifications which
alleged that Appellant, while serving as Pilot/Mate on board the M/V
CAPE MAY, on or about 31 July 1985 wrongfully fraternized with a 14-
year-old female passenger, wrongfully engaged in undue familiarity
with a 14-year-old female passenger, wrongfully engaged in sexual
intercourse with a 14-year-old female passenger, and wrongfully failed
to exclude a 14-year-old female passenger from the pilot house and
bridge of the vessel, as prohibited by 46 CFR 78.10-1.
The hearing was held at Philadelphia, Pennsylvania, on 11
December 1985, 5 February 1986 and 18 February 1986. | Appeal No. 2464 | Suspension and Revocation Appeals Authority | | | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2440 - LYONS | This appeal has been taken in accordance with 46 CFR 5.707.
By order dated 3 October 1986, an Administrative Law Judge of
the United States Coast Guard at St. Louis, Missouri, suspended
Appellant's license and merchant mariner's document for one year
outright, plus an additional three months on eighteen months'
probation upon finding proved the charge of misconduct. The
specification found proved alleged that Appellant, while serving as
Pilot on board the M/V FEDERAL CALUMET, on or about 25 November
1985, wrongfully directed the movement of the vessel while under
the influence of an intoxicant.
On 13 October 1986, Appellant filed a notice of appeal and
requested a temporary license pending approval. The Administrative
Law Judge denied the request by order dated 22 October 1986. | Appeal No. 2440 | Suspension and Revocation Appeals Authority | 12/10/1986 | 12/10/1986 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2426 - FUTCHER | This appeal has been taken in accordance with 46 CFR 5.707.
By order dated 24 March 1986, 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 a charge of misconduct. The charge was supported by four
specifications which alleged that Appellant, while serving as
Pilot/Mate on board the M/V CAPE MAY, on or about 31 July 1985
wrongfully fraternized with a 14-year-old female passenger,
wrongfully engaged in undue familiarity with a 14-year-old female
passenger, wrongfully engaged in sexual intercourse with a
14-year-old female passenger, and wrongfully failed to exclude a
14-year-old female passenger from the pilot hose and bridge of the
vessel, as prohibited by 46 CFR 78.10-1.
On 3 April 1986, Appellant filed a notice of appeal and
requested a temporary document pending appeal. The Administrative
Law Judge denied the request by order dated 7 April 1986.
BASES OF APPEAL
This appeal has been taken from the denial of a temporary
document.Appellant urges that the administrative Law Judge erred in
finding the specifications proved and in revoking Appellant's
license and document. Appellant contends further that he should be
issued a temporary license because he cannot be presumed to be a
hazard to the navigation of any vessel. | Appeal No. 2426 | Suspension and Revocation Appeals Authority | 7/21/1986 | 7/21/1986 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2439 - FREDERICKS | This appeal has been taken in accordance with 46 CFR 5.707.
By order dated 22 September 1986, an Administrative Law Judge
of the United States Coast Guard at Norfolk, Virginia, revoked
Appellant's license upon finding proved charges of negligence and
misconduct. The negligence charge was supported by two
specifications which alleged that Appellant, while serving as
operator on board the M/V NATIVE SON, on or about 26 April 1986
negligently failed to keep clear while overtaking another vessel,
and negligently crossed the bow of another vessel, thus endangering
the life, limb and property of the passengers and crew aboard the
two vessels. The misconduct charge was supported by two
specifications which alleged that Appellant, while in preparation
for a trip from St. Thomas, U. S. Virgin Islands to Tortola,
British Virgin Islands, on or about 10 May 1986, failed to give a
safety orientation prior to getting underway or to have placards
posted as required by 46 CFR 185.25-1(d), and while acting in the
same capacity on the same date failed to have on board and
available for inspection his license as required by 46 CFR
185.10-1. | Appeal No. 2439 | Suspension and Revocation Appeals Authority | 12/5/1986 | 12/5/1986 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2318 - STRUDWICK | This appeal has been taken in accordance with 46 CFR 5.30-15.
By order dated 9 February 1983, and Administrative Law Judge
of the United States Coast Guard at Miami, Florida revoked
Appellant's mariner's license upon finding proved the charge of
"conviction for a narcotic drug law violation." Also on 9 February
1983 Appellant filed a Notice of Appeal from the order of the
Administrative Law Judge and a request for a temporary license.
The Administrative Law Judge denied the request by his order of 15
February 1983. Decision on Appeal 2311 (STRUDWICK) of 17 May
1983 VACATED the Administrative Law Judge's order of 15 February
1983 and REMANDED the request for a temporary license for a new
decision. By his order of 24 May 1983 the Administrative Law Judge
again denied Appellant's request for a temporary license.
BASIS OF APPEAL
This appeal has been taken from the order of the
Administrative Law Judge of 24 May 1983 denying a temporary
license. Appellant urges that the denial was based on an erroneous
interpretation of 46 CFR 5.30-15(b) and 46 CFR 5.03-5(b)
prohibiting the issuance of temporary licenses and documents in cases involving those offenses listed in 46 CFR 5.03-5(b) as being
deemed to affect the safety of life and property at sea. | Appeal No. 2318 | Suspension and Revocation Appeals Authority | 8/31/1983 | 8/31/1983 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2329 - FIFER II | This appeal has been taken in accordance with 46 CFR 5.30-15.
By order dated 8 March 1983, an Administrative Law Judge of
the United States Coast Guard at Miami, Florida revoked Appellant's
mariner's license upon finding proved the charge of "conviction for
a narcotic drug law violation."
On 17 March 1983 Appellant filed a Notice of Appeal from the
order of the Administrative Law Judge and a request for a temporary
license. The Administrative Law Judge denied the request by his
order of 24 March 1983. Decision on Appeal 2315 (FIFER) of 6
June 1983 VACATED the Administrative Law Judge's order of 24 March
1983 and REMANDED the request for a temporary license for a new
decision. By his order of 20 June 1983 the Administrative Law
Judge again denied Appellant's request for a temporary license. | Appeal No. 2329 | Suspension and Revocation Appeals Authority | 10/7/1983 | 10/7/1983 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2401- CAVANAUGH | This appeal has been taken in accordance with 46 CFR 5.30-15.
By order dated 31 January 1985, an Administrative Law Judge of
the United States Coast Guard at Alameda, California, revoked
Appellant's seaman's document upon finding proved a charge of
misconduct and a charge of being a user of a dangerous drug. The
specifications supporting these two charges allege that Appellant,
while serving under authority of the captioned document on board the
SS CONSTITUTION did, on or about 1900 24 February 1984 while said
vessel was at sea, wrongfully use cocaine and at the same time and
place, being holder of the captioned document, was a user of cocaine.
On 16 April 1985, Appellant filed a notice of appeal and
requested a temporary document. The Administrative Law Judge denied
the request by order dated 19 April 1985. | Appeal No. 2401 | Suspension and Revocation Appeals Authority | | | | 12/7/2017 |
| Suspension and Revocation Appeals Authority | 2397 - GEWANT | This appeal has been taken in accordance with 46 CFR 5.30-15.
By order dated 27 March 1985, an Administrative Law Judge of
the United States Coast Guard at New Orleans, Louisiana, revoked
Appellant's seaman's license and document upon finding proved a
charge of misconduct. The charge was supported by two
specifications which alleged that Appellant, on or about 15 January
1984, on board the M/V GOLDEN MOON wrongfully had in his possession
marijuana and, at the same time and place, wrongfully had in his
possession a pistol.
On 10 April 1985, Appellant filed a notice of appeal and
requested a temporary license and document pending appeal. The
Administrative Law Judge denied the request by order dated 12 April
1985. | Appeal No. 2397 | Suspension and Revocation Appeals Authority | 7/15/1985 | 7/15/1985 | | 12/7/2017 |
| Suspension and Revocation Appeals Authority | 2405 - LEON | This appeal has been taken in accordance with 46 CFR 5.30-15.
By order dated 21 May 1985, and 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 relieving the watch; and on or about 19
February 1985 had in his possession marijuana.
On 18 June 1985, Appellant filed a notice of appeal and
requested a temporary document pending appeal. The Administrative
Law Judge denied the request by order dated 21 June 1985. | Appeal No. 2405 | Suspension and Revocation Appeals Authority | 9/6/1985 | 9/6/1985 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2343 - WILLIAMS | This appeal has been taken in accordance with 46 CFR 5.30-15.
By order dated 21 July 1983, an Administrative Law Judge of
the United States Coast Guard at Houston, Texas revoked Appellant's
mariners document upon finding proved the charge of "possession of
marijuana aboard the SS INGER." On 31 August 1983 Appellant filed
a Notice of Appeal from then Order of the Administrative Law Judge
and a request for a temporary document. The Administrative Law
Judge denied the request by his order dated 16 November 1983.
Appellant's delay in filing the notice of appeal was caused by
Hurricane Alicia. It will therefore be considered timely.
BASIS OF APPEAL
This appeal has been taken from the order of the
Administrative Law Judge of 16 November 1983 denying a temporary
document. Appellant advances no grounds for his appeal.
OPINION
The Administrative Law Judge's interpretation of the
regulations and my Decisions on Appeal is not correct insofar as he
concludes that temporary licenses or documents may not be issued
following a finding that one of the offenses listed in 46 CFR
5.03-5(b) has been proved. | Appeal No. 2343 | Suspension and Revocation Appeals Authority | 3/6/1984 | 3/6/1984 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2315 - FIFER | This appeal has been taken in accordance with 46 CFR 5.30-15.
By order dated 18 March 1983, an Administrative Law Judge of
the United States Coast Guard at Miami, Florida revoked Appellant's
mariner's license upon finding proved the charge of "conviction for
a narcotic drug law violation." On 17 March 1983 Appellant file a
Notice of Appeal from the Order of the Administrative Law Judge and
a request for a temporary license. The Administrative Law Judge
denied the request by his order of 24 March 1983.
BASES OF APPEAL
This appeal has been taken from the order of the
Administrative Law Judge denying a temporary license. It is urged
that Appellant's service on board a vessel is compatible with the
requirements for safety of life and property at sea and Appellant's
prior record justifies the issuance of a temporary license. I note
that these are the criteria for issuing a temporary license set
forth in 46 CFR 5.30-15 and that the Administrative Law Judge did
not address them in his denial. | Appeal No. 2315 | Suspension and Revocation Appeals Authority | 6/6/1983 | 6/6/1983 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2339 - HOOTON | This appeal has been taken in accordance with 46 CFR 5.25-15.
By order dated 11 December 1981, an Administrative Law Judge
of the United States Coast Guard at Seattle, Washington, suspended
Appellant's license for six months, on twelve months probation upon
finding him guilty of misconduct. The specification found proved
alleged that while serving as a Licensed Operator aboard the P/C
SEA HOOK, under the authority of the license above captioned on or
about 19 July 1980, and 8, 19, 21, 23, 27 and 28 September 1981,
Appellant transported passengers for hire onboard a foreign-built
vessel, between Auke Bay, Alaska, and the vicinity of Point
Retreat, Alaska.
The hearing was held at Juneau, Alaska, on 17 November 1981.
Appellant appeared at the hearing without counsel and presented his
evidence which consisted of his oral testimony. He offered neither
documentary evidence, not evidence by deposition. He called no
witnesses.
The Investigating Officer presented the testimony of two
witnesses as well as six documents. | Appeal No. 2339 | Suspension and Revocation Appeals Authority | 1/18/1984 | 1/18/1984 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 1994 - TOMPKINS | This appeal has been taken in accordance wit Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations
137.30-1.
By order dated 23 December 1972, an Administrative Law Judge
of the United States Coast Guard at Houston, Texas suspended
Appellant's seaman's documents for 4 months outright plus 2 months
on 6 months' probation upon finding him guilty of misconduct. The
specification found proved alleges that while serving as an oiler
on board the United States SS IBERVILLE under authority of the
document above captioned, on or about 8,9,10, and 11 November,
1972, Appellant did wrongfully absent himself from the vessel
without permission and did wrongfully fail to perform his assigned
duties.
At the hearing, Appellant elected to act as his own counsel
and entered a plea of not guilty to the charge and specification.
The Investigating Officer introduced in evidence certified copies
of the Official Logbook entries and an extract of the Shipping
Articles of the SS IBERVILLE. | Appeal No. 1994 | Suspension and Revocation Appeals Authority | 2/4/1974 | 2/4/1974 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2311 - STRUDWICK | This appeal has been take in accordance with 46 CFR 5.30-15.
By order dated 9 February 1983, an Administrative Law Judge of
the United States Coast Guard at Miami, Florida revoked Appellant's
mariner's license upon finding proved the charge of "conviction for
a narcotic drug law violation." Also on 9 February 1983 Appellant
filed a Notice of Appeal from the Order of the Administrative Law
Judge and a request for a temporary license. The Administrative
Law Judge denied the request by his order of 15 February 1983.
BASES OF APPEAL
This appeal has been taken from the order of the
Administrative Law Judge denying a temporary license. It is urged
that the denial was erroneously based on a regulation existing in
1957 which no longer exists and a decision based on that regulation
instead of on the current regulations. | Appeal No. 2311 | Suspension and Revocation Appeals Authority | 5/17/1983 | 5/17/1983 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2057 - SHIPP | This appeal had been taken is accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 10 October 1974, as amended by the supplemental
order of 2 December 1974, an Administrative Law Judge of the United
States Coast Guard at Houston, Texas, suspended Appellant's license
for two months outright plus three months on 12 months' probation
upon finding him guilty of negligence. The specification found
proved alleges that while serving as an operator on board the
United States M/V J.F. LAMB under authority of the license above
captioned, on or about 8 July 1974, Appellant neglected to take the
necessary precautions required by the practice of seamen (Article
29, Inland Rules of the Road), to wit: navigating the tug and its
laden tow outside the navigable waters of the Bayport Channel,
Galveston Bay, Texas, resulting in a collision with a submerged
object and subsequent sinking of the tank barge TM-10, and that
Appellant negligently caused a spill of No. 6 fuel oil into the
navigable waters of the United States, Bayport Channel, Galveston
Bay, Texas. | Appeal No. 2057 | Suspension and Revocation Appeals Authority | 5/3/1976 | 5/3/1976 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2317 - KONTOS | This appeal had been taken in accordance with Title 46
U.S.C.239(g) and 46 CFR 5.30-1.
By order dated 25 January 1982, an Administrative Law Judge of
the United States Coast Guard at Boston, Massachusetts revoked the
seaman's document of Appellant, upon finding him guilty of
misconduct. The specifications found proved allege that while
serving as an ordinary seaman aboard S/S LNG TAURUS under authority
of his document above captioned, Appellant did on 20 November 1981
while S/S LNG TAURUS was in the port of Arun, Indonesia: (1)
wrongfully fail to perform his duties by reason of intoxication;
(2) assault and batter by beating with his fists a member of the
crew, the Third Mate, Scott L. Ervin; (3) Assault and batter by
biting on the lower leg a member of the crew, the Cargo Control
Officer, William G. LANGELY; and (4) wrongfully damage the seawater
temperature gauge and a light fixture with a chair in the Cargo
Control Room.
On 25 November 1981 the charges were served and the hearing
was set for 13 January 1982. On 2 December 1981 Appellant
telephoned the Administrative Law Judge requesting an earlier
hearing sometime before Christmas. The Administrative Law Judge denied the request because the principal witnesses, were to be at
sea between Indonesia and Japan until January 1982. Appellant was
duly notified of this denial and the reasons for it by the
Administrative Law Judge.
The hearing was held in absentia at Boston, Massachusetts
on 13 January 1982. | Appeal No. 2317 | Suspension and Revocation Appeals Authority | 8/31/1983 | 8/31/1983 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2192 - HEUER | This appeal had been taken in accordance with Title 46 U.S.C.
239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 7 March 1978, an Administrative Law Judge of
the United States Coast Guard at New Orleans, Louisiana, after a
hearing on various dates between 22 July 1977 and 9 March 1978,
suspended Appellant's license for a period of three months on
probation for twelve months upon finding him guilty of negligence.
The single specification of the charge of negligence found proved
alleges that Appellant, while serving as pilot aboard SS SABINE,
under authority of the captioned document, did, on or about 3 June
1977, at or near Chalmette Algiers Ferry Crossing, lower
Mississippi River, negligently operate said vessel by overtaking SS
SITALA without having received an assenting whistle signal as is
required by the ordinary practice of seamen.
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 four witnesses and eight documents. | Appeal No. 2192 | Suspension and Revocation Appeals Authority | 3/24/1980 | 3/24/1980 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2267 - ERVAST | This appeal had been taken in accordance with Title 46 U.S.C.
239(g) and 46 CFR 5.30-1.
By order dated 2 June 1980, an Administrative Law Judge of the
United States Coast Guard at Seattle, Washington, revoked
Appellant's captioned license upon finding him guilty of negligence
and incompetence. The specifications found proved allege that
while serving as Third Mate on board SS PIONEER COMMANDER under
authority of the license above captioned Appellant was negligent:
(1) on 11 January 1980, during his 0800 1200 watch, by failure to
fix the vessel's position, while transiting the San Bernadina
Straits, R.P.; (2) on 11 January 1980, during his 2000 to 2400
watch, by failure to fix the vessel's position while transiting the
Sibuyan Sea, R.P.; (3) on 24 January 1980, during his 2000 to 2400
watch, by failure to locate the navigation light control panel in
order to secure the anchor lights and energize the navigation
lights; (4) on 31 January 1980, during his 0800 to 1200 watch, by
failure to fix the vessel's position while navigating from Pusan to
Chin Hae, Korea; (5) on 31 January 1980, during his 0800 tp 1200
watch, by failure to take anchor bearings to fix the vessel's
position after anchoring at Chin Hae, Korea; (6) on 3 February
1980, during his 2000 to 2400 watch, by failure to accurately fix
said vessel's position while transiting Osumi Kaykyo (Van Dieman Strait, Japan); (7) on 15 February 1980, by plotting said vessel's
position at 1912 about 15 miles from its true position, while said
vessel was in Pearl Harbor Channel, and (8) on 15 February 1980 by
plotting an incorrect 2400 dead reckoning position for the vessel;
and was incompetent by his acts and omissions, while standing deck
watches on a foreign voyage, which demonstrated that he did not
possess and exercise the professional skills of an ordinary,
prudent, licensed third mate from 11 January to 15 February 1980. | Appeal No. 2267 | Suspension and Revocation Appeals Authority | 11/12/1981 | 11/12/1981 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2323 - PHILPOTT | This appeal had been taken in accordance with Title 46 U.S.C.
239(g) and 46 CFR 5.30-1.
By order dated 13 January 1983, an Administrative Law Judge of
the United States Coast Guard at Long Beach, California suspended
Appellant's seaman's document for six months, plus six months on
twelve months probation, upon finding him guilty of misconduct.
The specification found proved alleges that while serving as Wiper
on board the SS KEYSTONER under authority of the captioned
document, on or about 8 December 1982, Appellant, at the Port of
Houston, Texas had approximately ten grams of marijuana in his
possession.
The hearing was held at Houston, Texas and Long Beach,
California on 17 December 1982 and 13 January 1983.
At the hearing in Houston, Appellant was not present, but a
motion for change of venue to Long Beach, California was made on
his behalf and granted. At the hearing in Long Beach, Appellant
elected to act as his own counsel and entered a plea of guilty to
the charge and specification. | Appeal No. 2323 | Suspension and Revocation Appeals Authority | 9/13/1983 | 9/13/1983 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2382 - NILSEN | This appeal had been taken in accordance with Title 46 U.S.C.
239(g) and 46 CFR 5.30-1.
By order dated 1 July 1982, an Administrative Law Judge of the
United States Coast Guard at New York, New York, suspended
Appellant's license for one month upon finding him guilty of
negligence. The specification found proved alleged that while
serving as Master of the S/S SAN JUAN, under the authority of the
license above captioned, Appellant did on 11 February 1980, while
said vessel was departing San Juan, Puerto Rico, fail to navigate
the vessel within the confines of the Bar Channel causing said
vessel to ground. Two other specifications were dismissed, one on
motion of the Investigating Officer, the other on motion of
Appellant.
The hearing was held at San Juan, Puerto Rico, on 3 February,
4 February, and 31 March 1982.
At the hearing, Appellant was represented by professional
counsel, and entered a plea of not guilty to the charge and the
specification. | Appeal No. 2382 | Suspension and Revocation Appeals Authority | 2/22/1985 | 2/22/1985 | | 12/7/2017 |
| Suspension and Revocation Appeals Authority | 2039 - DIETZE | This appeal had been taken in accordance with Title 46 Code of
Federal Regulations 5.30-1.
By order dated 15 January 1975, an Administrative Law Judge of
the United States Coast Guard at New Orleans, Louisiana, suspended
Appellant's license for three months outright upon finding him
guilty of negligence. The specifications found proved allege that
while serving as pilot on board M/V ANCO PRINCESS being the holder
of the license above captioned, on or about 24 September 1974,
Appellant, while navigating said vessel upbound on the Misissippi
River and meeting a downbound vessel and tow at approximately mile
4 AHP, (1) wrongfully failed to execute a port-to-port passing in
accordance with Article 18, Inland Rules of the Road, thereby
contributing to the collision between said vessel and the tow of
the M/V LIBBY BLACK, and (2) wrongfully failed to sound whistle
signals in accordance with Article 18, Inland Rules of the Road.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and each
specification. | Appeal No. 2039 | Suspension and Revocation Appeals Authority | 10/8/1975 | 10/8/1975 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2275 - ALOUISE | This appeal had been taken in accordance with 46 U.S.C. 239(g)
and 46 CFR 5.30-1.
By order dated 18 May 1981, an Administrative Law Judge of the
United States Coast Guard at St. Louis, Mo. suspended Appellant's
license for 2 months on 12 months' probation upon finding him
guilty of negligence. The specification found proved alleges that
while serving as operator on board the M/V R. E. DOYLE under
authority of the license above captioned, on or about 9 May 1980,
Appellant operated his vessel in a negligent manner creating an
excessive wake which caused 15 barges to break loose from their
moorings at Cleancoal Terminal Facility, Mile 535.2 L/B Ohio River.
A hearing was held at Cincinnati, Ohio on 1 April and
rehearing was held on 7 May 1981 to hear the testimony of a defense
witness.
At the hearings, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification. | Appeal No. 2275 | Suspension and Revocation Appeals Authority | 6/4/1982 | 6/4/1982 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2151 - GREEN | This appeal had been taken in accordance with 46 U.S.C. 239(g)
and 46 CFR 5.30-1.
By order dated 14 April 1978, an Administrative Law Judge of
the United States Coast Guard at Boston, Massachusetts, suspended
Appellant's seaman's documents for a period of four months upon
finding him guilty of misconduct. The specifications found proved
allege that while serving as able bodied seaman on board the United
States SS THOMAS JEFFERSON under authority of the document above
captioned, Appellant failed to perform his duties on the 0000-0400
seawatch on 1 March 1978, and again on 16 March 1978, while the
vessel was at sea.
The hearing was held at Boston, Massachusetts, on 14 April
1978. Appellant was present at the hearing, but was not
represented by counsel. The Administrative Law Judge advised him
of his right to be so represented, but Appellant elected to proceed
without counsel. Upon arraignment, Appellant pleaded guilty to the
charge and specifications. Warned by the Administrative Law Judge
of the possible consequences of his action, Appellant nevertheless
persisted in his plea of guilty.
Despite the plea, the Investigating Officer introduced in
evidence voyage records of THOMAS JEFFERSON, as well as the
testimony of Captain Orie F. Graves, Master of the vessel.
After being reminded of his right to remain silent, Appellant chose to make a sworn statement in explanation of his guilty plea.
At the end of the hearing, the Administrative Law Judge
rendered an oral decision in which he concluded that the charge and
two specifications had been proved by plea. He then served a
written order on Appellant suspending all documents issued to him
for a period of four months.
The entire written decision was served on 8 May 1978. Appeal
was timely filed on 8 May 1978 and perfected on 12 May 1978. | Appeal No. 2151 | Suspension and Revocation Appeals Authority | 4/3/1979 | 4/3/1979 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2533 - ORTIZ | This appeal from the denial of the Administrative Law Judge
to reopen the hearing has been taken in accordance with 46 U.S.C.
7702 and 46 C.F.R. 5.601.
By a decision dated 12 February 1991, an Administrative Law
Judge of the United States Coast Guard at New York, New York,
revoked Appellant's Merchant Mariner's Document, having found
proved the charge of cocaine use.
The single specification supporting the finding of proved to
the charge of drug use alleged that, on or about 6 July 1990,
Appellant, while the holder of the above-captioned document, was
tested by urinalysis and found to be a user of the drug cocaine.
The hearing was held at New York, New York on 25 January
1991. The Administrative Law Judge received into evidence from
the Investigating Officer three exhibits and heard the sworn se and was advised of his rights, including the right
to counsel or other representation and of the procedures to be
followed at the hearing. Appellant entered a response of "deny"
to the charge and specification as provided in 46 C.F.R. 5.527. | Appeal No. 2533 | Suspension and Revocation Appeals Authority | 12/3/1991 | 12/3/1991 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2165 - BOLDS | These appeals have been taken in accordance with Title 46
United states Code 239(g) and Title 48 Code of Federal Regulations
5.30-1.
By orders dated 26 October 1977 (BOLDS) and 27 October 1977
(BROOKS), an Administrative Law Judge of the United States Coast
Guard at Jacksonville, Florida, revoked the seamen's documents of
both Appellants upon finding each guilty of misconduct. The
specifications found proved allege that BOLDS, while serving as
crew messman, and BROOKS, while serving as bedroom utility, on
board SS HESS VOYAGER under the authority of the respective
document above captioned, did:
"on or about 29 July 1977 wrongfully have in your possession
certain narcotics to wit; marijuana."
The cases of the Appellants were joined for a single hearing upon motion of the Investigating Officer. The hearing was held at
San Juan, Puerto Rico, on 12 and 13 October 1977. The hearings
were held in absentia, upon the failure of the Appellants
to appear at the time and place specified, after their requests to
the Administrative Law Judge for a change of venue were denied on
the grounds of insufficient reasons stated in the requests. The
Administrative Law Judge entered a plea of not guilty for each
Appellant as to the charge and specification against each.
Appellants were not represented by counsel in the course of the
proceedings leading to the initial decisions in these cases. | Appeal No. 2165 | Suspension and Revocation Appeals Authority | 9/11/1979 | 9/11/1979 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2096 - TAYLOR | These appeals have been taken in accordance with Title 46
United States Code 239(g) and Title 46 Code of Federal Regulations
5.30-1.
By orders dated 8 May 1975, an Administrative Law Judge of the
United States Coast Guard at New Orleans, Louisiana, suspended
Appellant Taylor's license for three months and Appellant Wood's
license for nine months upon findings each guilty of negligence.
The specifications found proved allege that while serving as master
and pilot, respectively, on board SS KEYTRADER under authority of
the respective license above captioned, on or about 18 January
1974, Appellants' wrongfully initiated a starboard to starboard
passing with SS BAUNE, contributing to a collision with that
vessel, and failed to navigate KEYTRADER with caution, after
proposing a starboard to starboard passing by whistle and radio,
receiving no agreement, and failing to slow down. | Appeal No. 2096 | Suspension and Revocation Appeals Authority | 2/28/1977 | 2/28/1977 | | 12/21/2017 |