| Suspension and Revocation Appeals Authority | 2378 - CALICCHIO | This appeal has been taken in accordance with 46 U.S.C. 7702
and 46 CFR 5.30-1.
By order dated 25 October 1983, an Administrative Law Judge of
the United States Coast Guard at New York, New York, suspended
Appellant's license for a period of six months remitted on twelve
months' probation, upon finding him guilty of negligence. The
specification found proved alleges that Appellant while serving as
Master aboard the M/V POLING BROS. NO. 7:
...while transiting out bound the CNJ Railroad Bridge in
Newark Bay, NJ, did on or about 0930, 21 July 1983
negligently fail to navigate your vessel with due caution
resulting in a collision between your vessel, the M/V
POLING BROS. No. 7 and the Great Lakes Drill Barge No.
7 which was anchored in the East Draw of Newark Bay, NJ
engaged in demolition operations.
The hearing was held in New York, New York, on 13, 16 and 26
September 1983. | Appeal No. 2378 | Suspension and Revocation Appeals Authority | 2/8/1985 | 2/8/1985 | | 12/7/2017 |
| Suspension and Revocation Appeals Authority | 2379 - DRUM | This appeal has been taken in accordance with 46 U.S.C.
7702(b) and 46 CFR 5.30-1.
By order dated 14 November 1983, Administrative Law Judge of
the united States Coast Guard at St. Louis, Missouri, suspended
Appellant's license for one month plus an additional two months
remitted on twelve months' probation upon finding him guilty of
negligence. The specification found proved alleges that while
serving as Operator aboard the M/V DAVID ESPER under the authority
of the above captioned license, Appellant did, on or about 9 May
1983, while pushing twelve loaded coal barges downbound on the Ohio
River, fail to navigate his vessel so as to avoid alliding with the
Big Four Railroad Bridge at approximately mile 603 on the Ohio
River.
The hearing was held at St. Louis, Missouri, on 12 July 1983.
At the hearing Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification. | Appeal No. 2379 | Suspension and Revocation Appeals Authority | 2/8/1985 | 2/8/1985 | | 12/7/2017 |
| Suspension and Revocation Appeals Authority | 2380 - HALL | This appeal has been taken in accordance with Title 46
U.S.C.7702 (b) and 46 CFR 5.30-1.
By order dated 10 February 1984, an Administrative Law Judge
of the United States Coast Guard at St. Louis, Missouri, suspended
Appellant's mariner's license for two months, plus three months on
twelve months' probation, upon finding him guilty of negligence.
The specification found proved alleges that while serving as
Operator on board the M/V LOUIS FRANK, under the authority of the
above captioned license, at or about 2330, 25 April 1983, Appellant
did cause his tow to allide with the Florence Highway Bridge at
Mile 56.0 of the Illinois River.
The hearing was held at St. Louis, Missouri, on 2-3 June 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 two
documentary exhibits and the testimony of two witnesses. | Appeal No. 2380 | Suspension and Revocation Appeals Authority | 2/8/1985 | 2/8/1985 | | 12/7/2017 |
| Suspension and Revocation Appeals Authority | 2371 - MCFATE | This appeal has been taken in accordance with Title 46 U.S.C.
239(g) and 46 CFR 5.30-1.
By order dated 4 March 1983, an Administrative Law Judge of
the United States Coast Guard at Port Arthur, Texas revoked
Appellant's license upon finding him guilty of misconduct. The
specification found proved alleges that Appellant, while serving as
Assistant Engineer on board the M/V WARRIOR under authority of the
above captioned documents did, on or about 16 September 1980,
wrongfully assault and batter the Chief Engineer, Mr. Matthew P.
Laving, with a deadly weapon, to wit, a knife, and inflicted severe
bodily harm while the vessel was underway in San Juan Harbor,
Puerto Rico.
The hearing was held at Port Arthur, Texas, on 25 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 five documents and the
testimony of two witnesses into evidence.
In defense, Appellant introduced his own testimony into
evidence. | Appeal No. 2371 | Suspension and Revocation Appeals Authority | 9/27/1984 | 9/27/1984 | | 12/7/2017 |
| Suspension and Revocation Appeals Authority | 2372 - COLLA | This appeal has been taken in accordance with Title 46 CFR
5.30-15(a)(1).
The hearing was held on 2 May 1984 and 7 June 1984 at
Baltimore, Maryland.
By order dated 7 June 1984, an Administrative Law Judge of the
United States Coast Guard at Norfolk, Virginia, suspended
Appellant's license and seaman's document upon finding proved the
charge of misconduct. The specification alleges that while serving
as Second Mate aboard the SS CORONADO, under authority of the
document above captioned, on or about 1 April 1983, Appellant did
fail to perform his duty as deck watch officer by falling asleep on
the wheelhouse settee while the vessel was at anchor.
On 28 June 1984, the Appellant requested a temporary license
and document pending appeal. The Administrative Law Judge denied
the request by his order dated 3 July 1984. | Appeal No. 2372 | Suspension and Revocation Appeals Authority | 10/5/1984 | 10/5/1984 | | 12/7/2017 |
| Suspension and Revocation Appeals Authority | 2392 - BUSINELLE | This appeal has been taken in accordance with Title 46 U.S.C.
7702 and 46 CFR 5.30-1.
By order dated 12 July 1984, an Administrative Law Judge of
the United States Coast Guard at Houston, Texas, suspended
Appellant's license and document for one month plus an additional
two months on six months' probation upon finding proved the charge
of misconduct. The specification found proved alleges that while
serving as Master aboard the M/V POINT CHALEUR, under authority of
the captioned documents, Appellant did, on or about 4 May 1984,
operate the M/V POINT CHALEUR without a licensed chief engineer on
board as required by the vessel's Certificate of Inspection.
The hearing was held at Corpus Christi, Texas, on 5 June 1984.
At the hearing, Appellant elected to represent himself and
entered a plea of guilty to the charge and specification.
The Investigating Officer introduced in evidence five
exhibits.
In defense, Appellant introduced in evidence his own testimony
and one exhibit. | Appeal No. 2392 | Suspension and Revocation Appeals Authority | 6/13/1985 | 6/13/1985 | | 12/7/2017 |
| Suspension and Revocation Appeals Authority | 2393 - STEWART | This appeal has been taken in accordance with Title 46 U.S.C.
239(g) and 46 CFR 5.30-l.
By order dated 3 August l982, an Administrative Law Judge of the
United States Coast Guard at Boston, Massachusetts, suspended
Appellant's license for two months upon finding him guilty of
negligence. The specification found proved alleges that, while
serving as undocking master on board the M/V AL-TAHA, under authority
of the captioned license on 19 January 1982, Appellant did navigate
the M/V AL-TAHA aground on a charted shoal in Boston Harbor,
Massachusetts.
The hearing was conducted in Boston, Massachusetts, on
12 and 14 April and 3 May 1982.
At the hearing Appellant was represented by counsel and entered a
plea of not guilty to the charge and the specification.
The Investigating Officer introduced in evidence the testimony of
four witnesses and eighteen exhibits. | Appeal No. 2393 | Suspension and Revocation Appeals Authority | 7/5/1985 | 7/5/1985 | | 12/7/2017 |
| Suspension and Revocation Appeals Authority | 2394 - ANTUNEZ | This appeal has been taken in accordance with Title 46 U.S.C.
7702 and 46 CFR 5.30-1.
By order dated 27 July 1983, an Administrative Law Judge of
the United States Coast Guard at Houston, Texas, revoked
Appellant's merchant mariner's document upon finding him guilty of
misconduct. The specification found proved alleges that while
serving aboard the SS LESLIE LYKES, under authority of his
document, Appellant did, on or about 21 July 1983, while the ship
was moored in Houston, Texas, wrongfully have in his possession
marijuana.
The hearing was held at Houston, Texas, on 27 July 1983.
At the conclusion of the hearing, the Administrative Law Judge
concluded that the charge and specification had been proved and
entered an order revoking Appellant's merchant mariner's document.
The Decision and Order was served 12 September 1983. Appeal
was timely filed and a copy of the transcript requested on 25
August 1983. | Appeal No. 2394 | Suspension and Revocation Appeals Authority | 7/11/1985 | 7/11/1985 | | 12/7/2017 |
| Suspension and Revocation Appeals Authority | 2395 - LAMBERT | This appeal has been taken in accordance with Title 46 U.S.C.
7702 and 46 CFR 5.30-1.
By order dated 8 November 1983, an Administrative Law Judge of
the United States Coast Guard at Jacksonville, Florida suspended
Appellant's license for six months, on twelve months' probation,
upon finding prove a charge of negligence. The specifications
found proved allege that while serving as Master on board the
United State Army Dredge McFARLAND under authority of the license
above captioned, on 1 May 1983, Appellant failed to ensure proper
supervision of the removal of an electric hydraulic solenoid valve
and failed to ensure that proper precautions were taken before
allowing hotwork to be performed on the hydraulic system.
The hearing was held at Jacksonville, florida, on 10 August
1983 and 23 September 1983. appellant was represented by
professional counsel and entered pleas of not guilty to the charge
and each specification.
The Investigating Officer introduced in evidence eight
exhibits and the testimony of six witnesses. In defense, Appellant
introduced his own testimony, that of another witness, and three exhibits. | Appeal No. 2395 | Suspension and Revocation Appeals Authority | 7/11/1985 | 7/11/1985 | | 12/7/2017 |
| 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 | 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 | 2398 - BRAZELL | This appeal has been taken in accordance with 46 U.S.C. 239g
and 46 CFR 5.30-1.
By order dated 13 March 1981, an Administrative Law Judge of
the United States Coast Guard at Houston, Texas, suspended
Appellant's merchant mariner's document for four months upon
finding proved the charge of negligence. The specification found
proved alleged that Appellant, while serving as tankerman aboard
T/B TT-7002, did on or about 24 December 1980, fail to adequately
supervise cargo loading operations causing a discharge of oil into
the navigable waters of the United States, the Neches, River.
The hearing was held at Port Arthur, Texas, on 13 February
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 seventeen
exhibits and the testimony of five witnesses. | Appeal No. 2398 | Suspension and Revocation Appeals Authority | | | | 12/7/2017 |
| Suspension and Revocation Appeals Authority | 2399 - LANCASTER | This appeal has been taken in accordance with Title 46 U.S.C.
7702 and 46 CFR 5.30-1.
By order dated 26 February 1985, an Administrative Law Judge
of the United States Coast Guard at St. Louis, Missouri, suspended
Appellant's merchant mariner's license upon finding him guilty of
negligence. The specification found proved alleges that while
serving as Operator aboard the M/V PAT BREEN, under authority of
his license, Appellant did, on or about 5 March 1984, while down
bound on the Ohio River at approximately mile 860 fail to safely
navigate said vessel and its tow resulting in the tow grounding on
the left descending bank of the river.
The hearing was held at Evansville, Indiana on 24 April 1984.
At the conclusion of the hearing, the Administrative Law Judge
concluded that the Charge and specification had been proved and
entered an order suspending Appellant's merchant mariner's license.
The Decision and Order was served 28 February 1985. Appeal
was timely filed and a copy of the transcript requested on 21 March
1985. | Appeal No. 2399 | Suspension and Revocation Appeals Authority | 7/31/1985 | 7/31/1985 | | 12/7/2017 |
| Suspension and Revocation Appeals Authority | 2400 - WIDMAN | This appeal has been taken in accordance with Title 46 U.S.C.
7702(b) and 46 CFR 5.30-1.
By order dated 26 June 1984, and Administrative Law Judge of
the United States Coast Guard at Long Beach, California, suspended
Appellant's license for six months and an additional six months on
twelve months' probation upon finding proved the charge of
negligence. The specifications found proved allege that while
serving as Operator aboard the M/V MISS HAVASUPAI, Appellant did on
12 May 1984 negligently fail to operate said vessel with due
caution by failing to take prompt and clearly recognizable action
to avoid a vessel that was dead in the water in the vicinity of
London Bridge, Lake Havasu City and did on 3 June 1984 negligently
fail to navigate said vessel with due caution by failing to take
prompt and clearly recognizable action to avoid vessels restricted
in their ability to maneuver in the vicinity of London Bridge, Lake
Havasu City.
The hearing was held at Lake Havasu City, Arizona, on 11 June
1984, and at Long Beach, California, on 26 June 1984. | Appeal No. 2400 | Suspension and Revocation Appeals Authority | 7/31/1985 | 7/31/1985 | | 12/7/2017 |
| 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 | 2391 - STUMES | This appeal has been taken in accordance with 46 U.S.C. 7702(b)
and 46 CFR 5.30-1.
By order dated 9 January l984, an Administrative Law Judge of the
United States Coast Guard at Houston, Texas, suspended Appellant's
seamen's license and document for a period of six months upon finding
proved the charge of misconduct. The specification found proved
alleges that while serving as Radio Electronic Officer aboard the S/S
VELMA LYKES under authority of the captioned documents, Appellant did,
on or about 2 April 1983, while said vessel was in the port of
Alexandria, Egypt, wrongfully assault and batter by hitting with fists
the Master of said vessel.
The hearing was held at Houston, Texas, on 9 November, 5 and 14
December 1983.
At the hearing Appellant, although not present, was represented
by professional counsel who entered a plea of not guilty on his
behalf. | Appeal No. 2391 | Suspension and Revocation Appeals Authority | 6/13/1985 | 6/13/1985 | | 12/7/2017 |
| Suspension and Revocation Appeals Authority | 2427 - JEFFRIES | This appeal has been taken in accordance with 46 U.S.C. 7702 and
46 CFR 5.30-1.
By order dated 29 August 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
charges of misconduct and incompetence. The misconduct charge was
supported by two specifications. The first alleged that, under the
authority of the captioned documents aboard the SS EDGAR M. QUEENY, on
or about 1 June 1985, Appellant had in his possession alcoholic
beverages, to wit, beer and rum. The second misconduct specification
alleged that, at the same place and time, Appellant wrongfully
rendered himself unfit to stand his scheduled watch due to
intoxication. The incompetence charge was supported by a single
specification alleging that, while serving as Third Assistant Engineer
aboard the SS EDGAR M. QUEENY under the authority of the captioned
documents, on or about 1 June 1985, Appellant was and presently i
incompetent to perform duties as third engineer due to alcoholism.
The hearing was held at Philadelphia, Pennsylvania, on 23 July
and 15 August 1985.
Appellant appeared at the hearing without counsel and entered a
plea of guilty to the first misconduct specification, and pleas of not
guilty to the second misconduct specification and the incompetence
charge and specification. | Appeal No. 2427 | Suspension and Revocation Appeals Authority | 8/29/1985 | 8/29/1985 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2428 - NEAT | This appeal has been taken in accordance with 46 U.S.C. 7702
and 46 CFR 5.30-1.
By order dated 23 July 1958, an Administrative Law Judge of
the United States Coast Guard at Jacksonville, Florida, revoked
Appellant's license upon finding proved the charge of "narcotics
conviction." The specification found proved alleges that, being
the holder of the captioned document, on or about 12 June 1987,
Appellant was convicted by the Twenty-fourth Judicial District
Court, Parish of Jefferson, State of Louisiana, a court of record,
for knowingly and intentionally possessing with intent to
distribute a controlled dangerous substance, to wit: marijuana. A
second charge, alleging misconduct, was found not proved.
The hearing was held at Miami, Florida, on 23 July 1985.
Appellant appeared at the hearing without counsel and entered
a plea of not guilty to the charge and specification.
The Investigating Officer introduced in evidence two exhibits. | Appeal No. 2428 | Suspension and Revocation Appeals Authority | 8/7/1986 | 8/7/1986 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2429 - ROBERTS | This appeal has been taken in accordance with 46 U.S.C. 7702
and 46 CFR 5.30-1.
By order dated 10 June 1985, an Administrative Law Judge of
the United States Coast Guard at New York, New York, admonished
Appellant upon finding proved the charge of misconduct. The
specification found proved alleges that while serving as pilot
aboard the Greek flag M/V VERGO, under the authority of the
captioned documents, on 4 September 1984, Appellant piloted the
vessel on the Delaware River from Fairless Steel Works, Trenton,
New Jersey, to Philadelphia, Pennsylvania, an are beyond the scope
of his license. Aa second charge, alleging negligence, was found
not proved and was dismissed.
The hearing was held at Philadelphia, Pennsylvania, on 28
March, 18 April, and 8 May 1985.
At the hearing Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification. | Appeal No. 2429 | Suspension and Revocation Appeals Authority | 8/5/1986 | 8/5/1986 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2430 - BARNHART | This appeal has been taken in accordance with 46 U.S.C. 7702
and 46 CFR 5.30-1.
By order dated 12 June 1985, an Administrative Law Judge of
the United States Coast Guard at Long Beach, California, revoked
Appellant's merchant mariner's document upon finding proved the
charge of misconduct. The specification supporting the charge
alleges that Appellant, while serving as pumpman on board the SS
LION OF CALIFORNIA, under authority of the captioned document, did
on or about 19 April 1985 at Berth 118, Los Angeles Harbor,
wrongfully have in his possession certain narcotics, to wit:
marijuana.
The hearing was held at Long Beach, California, on 10 and 24
May 1985.
Appellant appeared at the hearing without counsel and entered
a plea of not guilty to the charge and specification.
The Investigating Officer introduced in evidence three
exhibits and the testimony of one witness.
In defense, Appellant testified in his own behalf. | Appeal No. 2430 | Suspension and Revocation Appeals Authority | 8/4/1986 | 8/4/1986 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2431 - HERNANDEZ | This appeal has been taken in accordance with 46 U.S.C. 7702 and
46 CFR 5.30-1 (currently 46 CFR Part 5, Subpart J).
By order dated 28 February 1985, an Administrative Law Judge of
the United States Coast Guard at Houston, Texas, suspended Appellant's
document for one month outright plus an additional two months'
suspension on ten months' probation upon finding proved the charges of
misconduct and inattention to duty. The misconduct charge was
supported by two specifications. The specifications found proved
allege that Appellant, while serving as person in charge aboard T/B
NMS 1906, under authority of the captioned documents, on or about
1655, 27 January 1985, (1) did fail to insure that the cargo tank
butterworth covers were securely shut prior to cargo transfer
resulting in an oil spill into the Calcasieu River (33 CFR
156.120(e)), and (2) did transfer oil from said barge without the
required oil transfer procedures. The inattention to duty
specification found proved alleges that Appellant, while serving as
aforesaid, did fail to insure both of the required fire extinguishers
were in serviceable condition prior to cargo oil transfer.
The hearing was held at Port Arthur, Texas, on 19 February 1985.
At the hearing, Appellant appeared without professional counsel and
entered a plea of not guilty to the charges and supporting
specifications.
The Investigating Officer introduced in evidence six exhibits and
the testimony of two witnesses. In defense, Appellant introduced in
evidence two exhibits.
The Administrative Law Judge rendered a written Decision and
Order on 28 February 1985. He concluded that the charge and
specifications of misconduct and the charge and specification of
inattention to duty had been proved and suspended Appellant's document
for one month outright plus an additional two months' suspension on
ten months' probation. | Appeal No. 2431 | Suspension and Revocation Appeals Authority | 8/21/1986 | 8/21/1986 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2432 - LEON | This appeal has been taken in accordance with 46 U.SC. 7702
and former 46 CFR 5.30-1 (currently 46 CFR Part 5, Subpart J).
By order dated 18 June 1985, an Administrative Law Judge of
the United States Coast Guard at Norfolk, Virginia, revoked
Appellant's merchant mariner's document upon finding proved a
charge of misconduct. The charge was supported by three
specifications which alleged that appellant, while serving as A.B.
on board the S.S. STONEWALL JACKSON, on or about 1 February 1985
wrongfully failed to perform his duty as lookout by being asleep on
watch; on or about 3 February 1985 wrongfully failed to perform his
duty as lookout by not timely relieving the watch; and on or about
19 February 1985 had in his possession marijuana.
The hearing was held at Norfolk, Virginia, on 19 March, 2
April, 24 April, 15 May, and 21 May 1985. At the hearing,
Appellant was represented by professional counsel and entered a
plea of not guilty to the charges and supporting specifications.
The Investigating Officer introduced in evidence five exhibits
and the testimony of one witness. In defense, Appellant testified
on his own behalf, and introduced in evidence one exhibit and the
testimony of one additional witness. | Appeal No. 2432 | Suspension and Revocation Appeals Authority | 9/4/1986 | 9/4/1986 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2433 - BARNABY | This appeal has been taken in accordance with 46 U.S.C. 7702
and 46 CFR 5.701.
By order dated 3 February 1986, an Administrative Law Judge of
the United States Coast Guard at St. Louis, Missouri, revoked
Appellant's license upon finding proved the charges of "conviction
of a narcotic drug law violation" and "misconduct." The first
specification found proved alleges that, being the holder of the
captioned document, on or about 22 December 1978, Appellant was
convicted in the Circuit Court of Cook County, Illinois for
possession of cannabis, a dangerous drug with intent to distribute
a controlled dangerous substance, to wit: marijuana. The second
specification found proved alleges that Appellant, while making
application to the U.S. Coast Guard Regional Examination Center,
Toledo, Ohio for renewal of his license, misrepresented the
particulars of his prior record by failing to reveal a prior
conviction for possession of cannabis. | Appeal No. 2433 | Suspension and Revocation Appeals Authority | 9/22/1986 | 9/22/1986 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2434 - CORVELEYN | This appeal has been taken in accordance with 46 U.S.C. 7702
and 46 CFR 5.701.
By order dated 7 March 1986, an Administrative Law Judge of
the United States Coast Guard at Alameda, California, suspended
Appellant's license for six months remitted on twelve months'
probation upon finding proved the charge of Violation of
Regulation. The specification found proved alleges that while
serving as Master aboard the S.S. AMERICAN SPITFIRE, under the
authority of the captioned document, on or about 17 December 1985,
Appellant sailed from Midway Island in the Pacific Ocean with
incompatible cargo stowage in hold no. 2. The specification
further alleges that certain Class X-A explosives were incompatibly
stowed with certain Class VII explosives, in that the two were
separated by a structure made of wood boards that did not meet the
minimum requirements for a partition bulkhead, in violation of 46
CFR 146.29-51(a) and (b), the chart accompanying 46 CFR 146.29-99
and 46 CFR 146.29-100, and the definition of a partition bulkhead
at 46 CFR 146.29-11(c)(36). A second specification also alleging
a violation of regulation was found not proved and was dismissed by
the Administrative Law Judge. | Appeal No. 2434 | Suspension and Revocation Appeals Authority | 10/1/1986 | 10/1/1986 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2435 - BABER | This appeal has been taken in accordance with 46 U.S.C. 7702
and 46 CFR 5.701.
By order dated 22 January 1985, an Administrative Law Judge of
the United States Coast Guard at Miami, Florida, revoked
Appellant's license upon finding proved the charge of conviction
for a narcotic drug law violation. The specification found proved
alleges that, being the holder of the captioned document, on or
about 12 August 1983, Appellant was convicted by the Circuit Court
of Broward County, Florida for possession of cocaine, in violation
of F.S. 893.03(2)(a)(4) and F.S. 893.13(1)(e).
The hearing was held at Miami, Florida, on 22 January 1985.
Appellant appeared at the hearing without counsel and entered
a plea of guilty to the charge and specification.
The Investigating Officer introduced in evidence five
exhibits.
Appellant introduced in evidence one exhibit and his own
testimony. | Appeal No. 2435 | Suspension and Revocation Appeals Authority | 10/14/1986 | 10/14/1986 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2436 - STAFFNEY | This appeal has been taken in accordance with 46 USC 7702 and
46 CFR 5.701.
By order dated 1 November 1985, an Administrative Law Judge of
the United States Coast Guard at Jacksonville, Florida, suspended
Appellant's license for one month, remitted on three months'
probation, upon finding proved the charge of misconduct. The first
specification found proved alleges that Appellant, under the
authority of the captioned license, between 22 and 27 January 1985,
wrongfully operated the vessel ZENOVIA carrying passengers for hire
while the vessel was documented exclusively for pleasure, in
violation of 46 CFR 67.45-19. The second specification found
proved alleges that Appellant, under the authority of the captioned
license, during the same time period, wrongfully operated the
ZENOVIA carrying passengers for hire while liquified petroleum gas
was used, in violation of 46 CFR 25.45-1(a), 46 CFR 147.03-11 and
46 CFR 147.05-100 Table S. | Appeal No. 2436 | Suspension and Revocation Appeals Authority | 10/14/1986 | 10/14/1986 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2437 - SMITH | This review has been taken in accordance with 46 U.S.C. 7702 and
46 CFR Part 5, Subpart K.
By order dated 25 June 1985, an Administrative Law Judge of the
United States Coast Guard at St. Louis, Missouri, suspended
Respondent's license for three months on twelve months probation upon
finding proved the charge of negligence. The specification found
proved alleges that Respondent, while serving as Operator aboard the
M/V STEEL CHALLENGER, under the authority of the captioned document,
on or about 15 January 1985, failed to maintain adequate control of
his vessel and tow thereby allowing the tow to allide with the
Greenville Highway Bridge at Mile 531.3, Lower Mississippi River.
That order was appealed. On appeal, the Vice Commandant issued
an order in which he set aside the finding of the Administrative Law
Judge as to the charge of negligence, vacated the order suspending
Respondent's license, and remanded the case to the Administrative Law
Judge for further proceedings. Appeal Decision 2437 (SMITH).
On remand, the Administrative Law Judge reopened the hearing.
The reopened hearing was held at Memphis, Tennessee, on 3 March 1987. | Appeal No. 2437 | Suspension and Revocation Appeals Authority | 11/25/1987 | 11/25/1987 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2438 - TURNER | This appeal has been taken in accordance with 46 U.S.C. 7702
and former 46 CFR 5.30-1 (currently 46 CFR Part 5, Subpart J).
By order dated 19 July 1985, an Administrative Law Judge of
the United States Coast Guard at Houston, Texas, suspended
Appellant's license for six months upon finding proved the charges
of negligence and misconduct. The negligence specifications found
proved alleges that Appellant, while serving as operator aboard the
M/V GULF QUEEN, under authority of the captioned document, did on
or about 9 March 1985 fail to sound proper whistle signals, while
said vessel was at anchor in an area of restricted visibility, at
or near 28°55'N and 92°52'W in the Gulf of Mexico. The misconduct
specification found proved alleges that Appellant did, on or about
8 March 1985, proceed on a voyage of greater than 12 hours, without
the required number of licensed operators on board, at or near
28°55'N and 92°52'W in the Gulf of Mexico.
The hearing was held at Port Arthur, Texas, on 15 April 1985.
At the hearing, Appellant was represented by professional counsel
and entered a plea of not guilty to the charges and supporting
specifications. | Appeal No. 2438 | Suspension and Revocation Appeals Authority | 11/24/1986 | 11/24/1986 | | 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 | 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 | 2441 - HESTER | This appeal has been taken in accordance with 46 U.S.C. 7702
and 46 CFR 5.30-1.
By order dated 26 September 1985, an Administrative Law Judge
of the United States Coast Guard at New Orleans, Louisiana, revoked
Appellant's license upon finding proved the charge of "conviction
of a narcotic drug law violation." The specification found proved
alleges that, being the holder of the captioned document, on or
about 15 December 1983, Appellant was convicted by the State of
Mississippi, Circuit Court of Jackson County, of possession of
marijuana.
The hearing was held at New Orleans, Louisiana, on 25
September 1985.
Appellant appeared at the hearing without counsel. The
Administrative Law Judge entered on Appellant's behalf an answer of
denial to the charge and specification.
The Investigating Officer introduced in evidence five
exhibits. | Appeal No. 2441 | Suspension and Revocation Appeals Authority | 12/10/1986 | 12/10/1986 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2442 - ALLBRITTEN | This appeal has been taken in accordance with 46 USC 7702 and
46 CFR 5.701.
By order dated 6 November 1985, an Administrative Law Judge of
the United States Coast Guard at Jacksonville, Florida, suspended
Appellant's license for one month remitted on three months'
probation upon finding proved the charge of negligence. The
specification found proved alleges that Appellant, while serving as
operator aboard the M/V MIRIAM M. DEFELICE, under the authority of
the captioned document, while the vessel was towing the barge GULF
FLEET 263 and navigating in conditions of fog and restricted
visibility on the St. Johns River, failed to navigate the vessel
with caution causing the barge to strike the Buckman Bridge.
The hearing was held at Jacksonville, Florida, on 2 August; 5,
13 and 20 September; and 2 October 1985.
At the hearing Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification. | Appeal No. 2442 | Suspension and Revocation Appeals Authority | 12/16/1986 | 12/16/1986 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2443 - BRUCE | This appeal has been taken in accordance with 46 USC 7702 and
46 CFR 5.701.
By order dated 28 April 1986, an Administrative Law Judge of
the United States Coast Guard at Jacksonville, Florida, suspended
Appellant's license outright for one month, plus an additional six
months remitted on twelve months' probation upon finding proved the
charge of negligence. The specification alleges that Appellant,
while serving as operator aboard the M/V MIRIAM M. DEFELICE, under
the authority of the captioned document, failed to properly attain
and/or use available weather information prior to proceeding to sea
with the M/V MIRIAM M. DEFELICE and the tow GULF FLEET 263,
contributing to the failure of the towing connection and grounding
of the barge GULF FLEET 263. A second specification under the
charge of negligence, alleging a failure to properly examine towing
gear, was found not proved and was dismissed.
The hearing was held at Jacksonville, Florida, on 21 and 30
January 1986. | Appeal No. 2443 | Suspension and Revocation Appeals Authority | 1/5/1987 | 1/5/1987 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2444 - RABATSKY | This appeal has been taken in accordance with 46 USC 7702 and 46
CFR 5.701.
By order dated 11 July 1986, an Administrative Law Judge of the
united States Coast Guard at St. Louis, Missouri, suspended Appellant's
license for three months remitted on twelve months' probation upon
finding proved the charge of misconduct. The specification found proved
alleges that on or about June 26, 1985, Appellant, while serving as
operator aboard the M/V JOHN M. SELVICK, under the authority of the
captioned document, operated the vessel and two on Lake Michigan during
a period of darkness without ensuring that the tow was equipped with
adequate navigational sidelights as required by Rules 22 and 24 of the
Inland Navigational Rules.
The hearing was held at Chicago, Illinois on 20 March 1986.
At the hearing Appellant was represented by professional counsel
and denied the charge and specification.
The Investigating Officer introduced in evidence ten exhibits and
the testimony of one witness. | Appeal No. 2444 | Suspension and Revocation Appeals Authority | 2/10/1987 | 2/10/1987 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2445 - MATHISON | This appeal has been taken in accordance with 46 USC 7702 and
46 CFR 5.701.
By order dated 16 January 1986, an Administrative Law Judge of
the United States Coast Guard at Jacksonville, Florida, suspended
Appellant's license for two months, remitted on twelve months'
probation upon finding proved the charge of misconduct. The
specification found proved alleges that Appellant, while serving as
operator aboard the M/V BELCHER PENSACOLA, under the authority of
the captioned document, on or about 20 July 1984, after an
underwater survey and the unauthorized repair of tank barge Belcher
No. 35 at Key West, Florida, wrongfully failed to make known to
officials designated to enforce inspection laws, at the earliest
opportunity, a marine casualty producing serious injury to said
tank barge in violation of 46 USC 3315.
The hearing was held at Miami, Florida. on 13 March 1985.
At the hearing Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification. | Appeal No. 2445 | Suspension and Revocation Appeals Authority | 3/6/1987 | 3/6/1987 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2446 - WATSON | This appeal has been taken in accordance with 46 USC 7702 and
46 CFR 5.701.
By order dated 11 July 1986, an Administrative Law Judge of
the United States Coast Guard at St. Louis, Missouri, suspended
Appellant's license for four months outright plus an additional
four months remitted on twelve months' probation upon finding
proved the charge of misconduct. The specification found proved
alleges that on or about September 1, 1985, Appellant, while
serving as operator aboard the M/V ETTA KELCE, under the authority
of the captioned document, failed to post a proper lookout, a
violation of Rule 5 of the Inland Rules of the Road, at
approximately Mile 44 on the Kanawha River, West Virginia.
The hearing was held at St. Louis, Missouri on 15 April 1986.
At the hearing Appellant was represented by professional
counsel and denied the charge and specifications.
The Investigating Officer introduced in evidence four exhibits
and the testimony of two witnesses. | Appeal No. 2446 | Suspension and Revocation Appeals Authority | 3/19/1987 | 3/19/1987 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2447 - HODNETT | This appeal has been taken in accordance with 46 USC 7702 and
46 CFR 5.701.
By order dated 16 January 1986, an Administrative Law Judge of
the United States Coast Guard at Jacksonville, Florida, suspended
Appellant's license for two months, remitted on twelve months'
probation upon finding proved the charge of misconduct. The charge
was supported by two specifications. The first specification found
proved alleges that Appellant, while serving as operator aboard the
M/V BELCHER PENSACOLA, under the authority of the captioned
document, on or about 18 July 1984, wrongfully failed to give
notice as soon as possible to the nearest Coast Guard Marine Safety
Office of the accidental grounding of tank barge Belcher No. 35,
under tow of the BELCHER PENSACOLA, as required by 46 CFR 4.05-1.
The second specification found proved alleges that Appellant, while
acting in the same capacity, on or about 19 July 1984, after an
underwater survey and the unauthorized repair of tank barge Belcher
No. 35 at Key West, Florida, wrongfully failed to make known to
officials designated to enforce inspection laws, at the earliest
opportunity, a marine casualty producing serious injury to said
tank barge. | Appeal No. 2447 | Suspension and Revocation Appeals Authority | 4/10/1987 | 4/10/1987 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2448 - POWER | This appeal has been taken in accordance with 46 U.S.C. 7702
and 46 CFR 5.30-1.
By order dated 29 May 1985, an Administrative Law Judge of the
United States Coast Guard at New York, New York, suspended
Appellant's license for one month outright, plus and additional two
months remitted on nine months' probation upon finding proved the
charges of misconduct and negligence. The specification under the
misconduct charge alleges that while serving as Docking Pilot
aboard the M/V VERGO, under the authority of the captioned
documents, on or about 1 September 1984, Appellant piloted the
vessel in Newbold Channel, Delaware River, an area beyond the scope
of his license. The specification under the negligence charge
alleges that, while serving in the same capacity on the same date,
Appellant caused the vessel to ground in the Delaware River.
The hearing was held at Philadelphia, Pennsylvania, on 26
March and 16 April 1985.
At the hearing Appellant was represented by professional
counsel and entered a plea of not guilty to the charges and
specifications. | Appeal No. 2448 | Suspension and Revocation Appeals Authority | 6/8/1987 | 6/8/1987 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2449 - VANRIGHT | This appeal has been taken in accordance with 46 U.S.C. 7702 and
46 CFR 5.30-1.
By order dated 5 June 1986, an Administrative Law Judge of the
United States Coast Guard at Houston, Texas, suspended Appellant's
license and merchant mariner's document for six months outright, plus
an additional six months remitted on twelve months' probation upon
finding proved the charge of misconduct. The charge was supported buy
two specifications, both of which were found proved. The first
specification alleged that on or about 17 January 1986, Appellant,
while serving as second assistant engineer aboard the SS OVERSEAS
ALASKA, under the authority of the captioned documents, while the
vessel was at sea and Appellant was on watch, wrongfully failed to
obey the direct order of the first assistant engineer in that
Appellant failed to leave the engine room area and go to the operating
platform. The second specification alleges that Appellant, on the
same date and while serving in the same capacity, wrongfully assaulted
the first assistant engineer with a hammer, and assaulted and battered
the first assistant engineer with his fists, resulting in injury to
the first assistant engineer. | Appeal No. 2449 | Suspension and Revocation Appeals Authority | 6/8/1987 | 6/8/1987 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2450 - FREDERICKS | This appeal has been taken in accordance with 46 U.S.C. 7702
and 46 CFR 701.
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. 2450 | Suspension and Revocation Appeals Authority | 6/11/1987 | 6/11/1987 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2402 - POPE | This appeal has been taken in accordance with 46 U.S.C. 7702
and 46 CFR 5. 30-1.
By order dated 27 February 1985, an Administrative Law Judge
of the United States Coast Guard at St. Louis, Missouri, suspended
Appellant's merchant mariner's license for a period of two months
plus an additional four months on eighteen month's probation upon
finding him guilty of negligence. The specification found proved
alleges that, while navigating the M/V CITY OF GREENVILLE under the
authority of his license on or about 2 April 1983, Appellant failed
to maintain proper control of his vessel and tow resulting in an
allision with the Poplar Street Bridge at mile 179.2 of the Upper
Mississippi River.
The hearing was held at Memphis, Tennessee from 6 to 9
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. 2402 | Suspension and Revocation Appeals Authority | 8/2/1985 | 8/2/1985 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2403 - BERGER | This appeal has been taken in accordance with 46 U.S.C. 7702
and 46 CFR 5.30-1.
By order dated 23 April 1984, an Administrative Law Judge of
the United States Coast Guard at Philadelphia, Pennsylvania,
suspended Appellant's merchant mariner's document for one month
upon finding him guilty of misconduct. The specifications found
proved allege that while serving as Ordinary Seaman aboard the SS
TYSON LYKES, on or about 22 March 1984, while said vessel was
departing the port of Honolulu, Hawaii, Appellant deserted said
vessel and on the same date Appellant wrongfully created a
disturbance on said vessel's bridge thereby interfering with the
safe navigation and undocking of the vessel while in restricted
waters.
The hearing was held at Philadelphia, Pennsylvania, on 19
April 1984.
At the hearing, Appellant elected to represent himself and
entered a plea of not guilty to the charge and specifications.
The Investigating Officer introduced in evidence nine
exhibits.
In defense, Appellant testified in his own behalf. | Appeal No. 2403 | Suspension and Revocation Appeals Authority | 8/7/1985 | 8/7/1985 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2404 - MCALLISTER | This appeal has ben taken in accordance with 46 U.S.C. 7702
and 46 CFR 5.30-1.
By order dated 17 August 1984, an Administrative Law Judge of
the United States Coast Guard at New York, New York admonished
Appellant upon finding proved the charge of negligence. The
specification found proved alleges that Appellant, while serving as
operator on board the Tug MARJORIE B. McALLISTER under the
authority of the license above captioned, on or about 9 January
1983 while the tug was pushing the loaded T/B McALLISTER 80,
negligently failed to navigate with due caution resulting in the
grounding of the T/B McALLISTER 80 at Diamond Reef, Hudson River,
New York, resulting in a gasoline spill into the Hudson River.
The hearing was held at New York, New York, on various dates
between May 18, 1983 and August 15, 1984.
At the hearing Appellant was represented by professional
counsel, and entered a plea of not guilty to the charge and
specification. | Appeal No. 2404 | Suspension and Revocation Appeals Authority | 9/9/1985 | 9/9/1985 | | 11/30/2017 |
| 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 | 2406 - ZOFCHAK | This appeal has been taken in accordance with Title 46 U.S.C.
7702, 46 CFR 5.30-1, and 46 CFR 5.30-15.
By order dated 30 August 1984, an Administrative Law Judge of
the United States Coast Guard at Key West, Florida, revoked
Appellant's license upon finding proved the charge of misconduct.
The specification found proved alleges that while serving as
Operator aboard the state numbered vessel FL-1263-BH under the
authority of the captioned document, Appellant did, on or about 4
March 1984, wrongfully operate said vessel under the influence of
alcohol.
The hearing was held at Key West, Florida, on 25 and 26 July
and 30 August 1984.
At the hearing, Appellant elected to represent himself, and
entered a plea of not guilty to the charge and specification.
The Investigating Officer introduced in evidence nine exhibits
including the depositions of three witnesses. | Appeal No. 2406 | Suspension and Revocation Appeals Authority | 9/11/1985 | 9/11/1985 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2407 - GONSALVES | This appeal has been taken in accordance with Title 46 U.S.C.
7702 and 46 CFR 5.30-1.
By order dated 6 April 1984, an Administrative Law Judge of
the United States Coast Guard at Honolulu, Hawaii, suspended
Appellant's license for six months plus an additional six months
remitted on 12 months' probation, upon finding proved the charge of
negligence. The specification originally alleged that Appellant
while serving as Chief Engineer aboard the F/V OCEAN PEARL under
authority of the captioned license did on or about 21 November 1983
while said vessel was at sea negligently allow oxygen and starting
fluid (ether) to be used to start the vessel's main engine which
resulted in an explosion which fatally burned the Master and
seriously burned six other crewmembers.
At sessions of the hearing convened in Honolulu, Hawaii, on 17
and 18 January 1984, Appellant was absent but was represented by
professional counsel. | Appeal No. 2407 | Suspension and Revocation Appeals Authority | 9/17/1985 | 9/17/1985 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2408 - BROWN | This appeal has been taken in accordance with 46 U.S.C.
7702(b) and 46 CFR 5.30-1.
By order dated 22 April 1985, an Administrative Law Judge of
the United States Coast Guard at Jacksonville, Florida, revoked
Appellant's motorboat operator's license upon finding proved the
charge of conviction of a dangerous drug law violation. The
specification found proved alleged that while being the holder of
the above captioned license, on or about 21 December 1981,
Appellant was convicted in the Circuit Court of Monroe County,
Florida, a court of record, for possession of marijuana. The
Administrative Law Judge also found proved a second charge of
misconduct and its supporting specification which alleged that
Appellant, while serving under the authority of his license, on or
about 19 August 1982, wrongfully made a fraudulent statement in his
application for license renewal by answering "no" to the question:
"Have you been convicted by any court - including military court -
for other than a minor traffic violation?"
The hearing was held at Miami, Florida, on 15 March 1985 and
9 April 1985. | Appeal No. 2408 | Suspension and Revocation Appeals Authority | 10/2/1985 | 10/2/1985 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2409 - PLACZKIEWICZ | This appeal has been taken in accordance with 46 U.S.C.
7702(b) and 46 CFR 5.30.
By order dated 14 September 1984, an Administrative Law Judge
of the United States Coast Guard at Norfolk, Virginia, suspended
Appellant's license for ten months and eighteen days upon finding
proved the charge of negligence. The specification found proved
alleges that while serving as operator on board the uninspected
passenger vessel M/V DEEP SPIN, under authority of his license, on
or about 26 June 1984, Appellant failed to navigate the vessel with
due regard for existing conditions, while approaching a bend in the
Toussaint Channel, causing the vessel to ground.
The hearing was held at Toledo, Ohio, on 9 August and 12
September 1984.
At the hearing, Appellant was represented by professional
counsel. He entered a plea of not guilty to the charge and
specification. | Appeal No. 2409 | Suspension and Revocation Appeals Authority | 10/2/1985 | 10/2/1985 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2410 - FERNANDEZ | This appeal has been taken in accordance with 46 U.S.C. 7702 and 46
CFR 5.30-1.
By order dated 15 November 1984, an Administrative Law Judge of the
United States Coast Guard at Honolulu, Hawaii, suspended Appellant's license
and document for three months outright plus an additional six months on
twelve months' probation upon finding proved the charge of misconduct. The
specification originally alleged that while serving as third officer aboard
S.S. CONSTITUTION, under the authority of the captioned documents, on or
about 29 September 1984. Appellant wrongfully assaulted and battered by
beating with fists and kicking the Chief Engineer. At the conclusion of the
evidence, and subsequent to closing arguments, the Administrative Law Judge
amended the specification to read that Appellant wrongfully entered into
mutual combat with the Chief Engineer.
The hearing was held at Honolulu, Hawaii, on 15 November 1984.
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 five exhibits and the
testimony of five witnesses. | Appeal No. 2410 | Suspension and Revocation Appeals Authority | 10/3/1985 | 10/3/1985 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2411 - SIMMONS | This appeal has been taken in accordance with 46 U.S.C. 7702 and
46 CFR 5.30-1.
By order dated 2 July 1984, an Administrative Law Judge of the
United States Coast Guard at Alameda, California, suspended
Appellant's license for one month outright upon finding proved the
charge of negligence. The specification found proved alleges that
while serving as Operator aboard the M/V AMERICAN EAGLE, under the
authority of the captioned document, on 20 May 1984, while the vessel
was navigating San Francisco Bay in the vicinity of the San
Francisco - Oakland Bay Bridge, appellant failed to take adequate
precautions to prevent a collision with the S/V FINE FEATHER resulting
in a collision with and the sinking of that vessel.
The hearing was held at Alameda, California, on 2 July 1984.
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. | Appeal No. 2411 | Suspension and Revocation Appeals Authority | 10/17/1985 | 10/17/1985 | | 11/30/2017 |