| Suspension and Revocation Appeals Authority | 2687 - HANSEN | UNITED STATES OF AMERICA
DEPARTMENT OF HOMELAND SECURITY
UNITED STATES COAST GUARD
UNITED STATES OF AMERlCA
UNITED STATES COAST GUARD
vs.
DECISIO OF THE
VICE COMMANDA T
o APPEAL
MERCHANT MARINER LICENSE
and
MERCHANT MARINER DOCUMENT
Issued to: EDWARD K. HANSEN
NO. 2687
This appeal is taken in accordance with 46 U.S.C. § 7701 el seq., 46 C.F.R. Part
5, and the procedures set forth in 33 C.F.R. Part 20.
Bya Decision and Order (hereinafter "D&O") dated February 20, 2008,
Administrative Law Judge (hereinafter "AU") Michael J. Devine of the United States
Coast Guard at Norfolk, Virginia, suspended the Merchant Mariner Credentials of Mr.
Edward K. Hansen (hereinafter "Respondent") for one month on two months probation
upon finding proved one charge of violation of law or regulation. The specification
found proved alleged that, while serving as the master of M/V BETTY, Respondent
towed the TIB ATLANTIC SULPHUR NO.1 beyond the boundary line without a valid
load line certificate or coastwise load line exemption letter, in violation of 46 U.S.C. §§
5102 and 5103, and 46 C.F.R. § 42.07-1. | Appeal No. 2687 | Suspension and Revocation Appeals Authority | 6/8/2010 | 6/8/2010 | | 11/27/2017 |
| Suspension and Revocation Appeals Authority | 2686 - SALAMON | UNITED STATES OF AMERICA
DEPARTMENT OF HOMELAND SECURITY
UNITED STATES COAST GUARD
UNITED STATES OF AMERICA
UNITED STATES COAST GUARD
vs.
MERCHANT MARINER LICENSE
Issued to: VLADIMIR SALAMON
DECISION OF THE
COMMANDANT
ON APPEAL
NO. 2686
This appeal is taken in accordance with 46 U.S.c. § 7701 ef seq., 46 C.F.R. Part
5, and the procedures set forth in 33 C.F.R. Part 20.
FACTS & PROCEDURAL HISTORY
At all times relevant herein, Respondent was the holder of the Coast Guard issued
merchant mariner license at issue in this proceeding.
By a Decision and Order (hereinafter "D&O") dated May 2, 2008, Coast Guard
Chief Administrative Law Judge (hereinafter "CALJ") Joseph N. Ingolia, dismissed the
Coast Guard Complaint against the Merchant Mariner License of Vladimir Salamon
(hereinafter "Respondent") upon finding that the Investigating Officer (hereinafter "10")
failed to follow required regulations. The Complaint from which the D&O resulted
alleged that on August 14,2007, Respondent committed misconduct by failing to report a
marine casualty as required by 46 C.F.R. § 4.05-I(a). Additionally, the Complaint
alleged he committed acts of negligence by failing to sound the proper sound signals and obtain early warning of the risk of collision as prescribed by 33 U.S.c. §§ 2035(c) and
2007(b). | Appeal No. 2686 | Suspension and Revocation Appeals Authority | 5/22/2010 | 5/22/2010 | | 11/27/2017 |
| Suspension and Revocation Appeals Authority | 2685 - MATT | UNITED STATES OF AMERICA
DEPARTMENT OF HOMELAND SECURITY
UNITED STATES COAST GUARD
UNITED STATES OF AMERICA
UNITED STATES COAST GUARD
vs.
MERCHANT MARINER LICENSE
Issued to: WILLIAM S. MAIT
DECISION OF THE
VICE COMMANDANT
ON APPEAL
NO 2685
This appeal is taken in accordance with 46 U.S.C. § 7701 et seq., 46 C.F.R. Part 5,
and 33 C.F.R. Part 20.
Bya Decision and Order (hereinafter "D&O") dated May 13, 2008, Coast Guard
Administrative Law Judge (hereinafter "AU") Bruce T. Smith dismissed the Coast
Guard's Amended Complaint alleging violation oflaw or regulation (for refusal to
submit to pre-employment drug testing) against William S. Matt (hereinafter
"Respondent"). The ALJ dismissed the Coast Guard's allegation upon finding that the
Coast Guard did not prove, "by a preponderance of the reliable and credible evidence and
testimony as taken from the record considered as a whole" that Respondent failed to
submit to Coast Guard mandated drug testing. [D&O at 16] The Coast Guard appeals. | Appeal No. 2685 | Suspension and Revocation Appeals Authority | 1/5/2010 | 1/5/2010 | | 11/27/2017 |
| Suspension and Revocation Appeals Authority | 2684 - SCARBOUGH | UNITED STATES OF AMERICA
DEPARTMENT OF HOMELAND SECURITY
UNITED STATES COAST GUARD
UNITED STATES OF AMERICA
UNITED STATES COAST GUARD
vs.
DECISION OF THE
VICE COMMANDANT
ON APPEAL
MERCHANT MARINER LICENSE
Issued to: JAMES C. SCARBOUGH
NO.
1
2.684
This appeal is taken in accordance with 46 U.S.C. § 7701 et seq., 46 C.F.R. Part 5,
and the procedures set forth in 33 C.F.R. Part 20.
By an Order Approving Settlement Agreement and Denying Respondent's
Request to Set Aside Settlement Agreement dated October 25, 2007, an Administrative
Law Judge (hereinafter "ALl") of the United States Coast Guard approved a Settlement
Agreement between the Respondent and the Coast Guard in which Respondent's
Merchant Mariner License was suspended for one month following his admission of all
jurisdictional and factual allegations in the Complaint alleging violation of law or
regulation. Respondent subsequently perfected an appeal of the Settlement Agreement
on December 21, 2007, claiming he was coerced to enter into the Settlement Agreement.
I have learned that subsequent to the filing of his appeal, based on information from
Coast Guard Sector Guam and Respondent's counsel of record, that Respondent is deceased. | Appeal No. 2684 | Suspension and Revocation Appeals Authority | 12/6/2009 | 12/6/2009 | | 11/27/2017 |
| Suspension and Revocation Appeals Authority | 2683 - DESIMONE | UNITED STATES OF AMERICA
DEPARTMENT OF HOMELAND SECURITY
UNITED STATES COAST GUARD
UNITED STATES OF AMERICA
UNITED STATES COAST GUARD
VS.
MERCHANT MARINER LICENSE
Issued to: MICHAEL G. DESIMONE
DECISION OF THE
VICE COMMANDANT
ON APPEAL
N026S3
This appeal is taken in accordance with 46 U.S.c. § 7701 el seq., 46 C.F.R. Part 5,
and 33 C.F.R. Part 20.
By a Decision and Order dated July 8, 2005 (hereinafter "D&O"), Judge Walter J.
Brodzinski, an Administrative Law Judge (hereinafter "All") of the United States Coast
Guard at New York, New York, revoked the merchant mariner license of Mr. Michael G.
DeSimone (hereinafter "Respondent") upon finding proved a charge of misconduct. The
specification alleged that Respondent was convicted of violating a dangerous drug law of
the State ofNew York within 10 years of the initiation of the Coast Guard suspension and
revocation proceedings. | Appeal No. 2683 | Suspension and Revocation Appeals Authority | 11/6/2009 | 11/6/2009 | | 11/27/2017 |
| Suspension and Revocation Appeals Authority | 2682 - REEVES | UNITED STATES OF AMERICA
DEPARTMENT OF HOMELAND SECURITY
UNITED STATES COAST GUARD
UNITED STATES OF AMERICA : DECISION OF THE
:
UNITED STATES COAST GUARD : COMMANDANT
:
vs. : ON APPEAL
:
MERCHANT MARINER DOCUMENT : NO. 2682
:
:
:
Issued to: ARLAN T. REEVES :
This appeal is taken in accordance with 46 U.S.C. § 7701 et seq., 46 C.F.R. Part
5, and the procedures set forth in 33 C.F.R. Part 20.
By an “Order Granting Coast Guard’s Motion for Default and Order of
Revocation” (hereinafter “Default Order”) dated April 5, 2007, Coast Guard
Administrative Law Judge (hereinafter “ALJ”) Anthony B. Canorro, revoked the
Merchant Mariner Document (hereinafter “MMD”) of Mr. Arlan T. Reeves (hereinafter
“Respondent”) upon a finding of default in a proceeding that alleged use of or addiction
to the use of dangerous drugs. The Complaint from which the Default Order resulted
alleged that on October 19, 2006, Respondent submitted to a post accident drug test and
provided a urine sample that tested positive for the presence of cocaine metabolites. | Appeal No. 2682 | Suspension and Revocation Appeals Authority | 5/8/2008 | 5/8/2008 | | 11/27/2017 |
| Suspension and Revocation Appeals Authority | 2681 - ROGERS | UNITED STATES OF AMERICA
DEPARTMENT OF HOMELAND SECURITY
UNITED STATES COAST GUARD
UNITED STATES OF AMERICA : DECISION OF THE
:
UNITED STATES COAST GUARD :
: VICE COMMANDANT
vs. :
: ON APPEAL
MERCHANT MARINER LICENSE :
: NO. 2681
:
:
Issued to: MURRAY RANDALL ROGERS :
This appeal is taken in accordance with 46 U.S.C. § 7701 et seq., 46 C.F.R. Part
5, and the procedures in 33 C.F.R. Part 20.
By an “Order Ruling on Proposed Sanctions Based on Non-Compliance with
Subpoena” dated March 25, 2005, (hereinafter “D&O”), an Administrative Law Judge
(hereinafter “ALJ”) of the United States Coast Guard at New Orleans, Louisiana,
dismissed the Coast Guard’s Complaint alleging both misconduct and violation of law or
regulation against Murray Randall Rogers (hereinafter “Respondent”), with prejudice.
The ALJ’s dismissal of the case, an unprecedented action in Coast Guard Suspension and
Revocation proceedings, was ordered as a remedy to Respondent for the Coast Guard’s
failure to comply with a subpoena for discovery of documents issued to the Investigating
Officer (hereinafter “I.O.”) by the ALJ. | Appeal No. 2681 | Suspension and Revocation Appeals Authority | 4/30/2008 | 4/30/2008 | | 11/27/2017 |
| Suspension and Revocation Appeals Authority | 2680 - MCCARTHY | UNITED STATES OF AMERICA
DEPARTMENT OF HOMELAND SECURITY
UNITED STATES COAST GUARD
UNITED STATES OF AMERICA : DECISION OF THE
UNITED STATES COAST GUARD :
: VICE COMMANDANT
vs. :
: ON APPEAL
:
: NO. 2680
MERCHANT MARINER LICENSE :
:
:
Issued to: JOHN C. McCARTHY, III :
This appeal is taken in accordance with 46 U.S.C. § 7701-7705, 46 C.F.R. Part 5,
and the procedures in 33 C.F.R. Part 20.
By a bifurcated Decision and Order dated November 29, 2006 (hereinafter “D&O
I”), and December 28, 2006 (hereinafter “D&O II”), Judge Peter A. Fitzpatrick, an
Administrative Law Judge (hereinafter “ALJ”) of the United States Coast Guard at
Norfolk, Virginia, found that Mr. John C. McCarthy (hereinafter “Respondent”) had
committed acts of negligence and misconduct and ordered that Respondent’s merchant
mariner license be suspended, outright, for eight months followed by a suspension of
twelve months stayed on twelve months probation.
The specification supporting the negligence charge alleged that Respondent
operated the T/V CHARLESTON negligently by exceeding the minimum safe speed in
Savannah Harbor on March 14, 2006. The specification supporting the misconduct
charge alleged that Respondent violated 33 C.F.R. § 162.65(b)(3) by proceeding at a | Appeal No. 2680 | Suspension and Revocation Appeals Authority | 4/8/2008 | 4/8/2008 | | 11/27/2017 |
| Suspension and Revocation Appeals Authority | 2679 - DRESSER | UNITED STATES OF AMERICA
DEPARTMENT OF HOMELAND SECURITY
UNITED STATES COAST GUARD
UNITED STATES OF AMERICA : DECISION OF THE
UNITED STATES COAST GUARD :
: VICE COMMANDANT
vs. :
: ON APPEAL
MERCHANT MARINER DOCUMENT :
and : No. 2679
MERCHANT MARINER LICENSE :
:
:
Issued to: CHRISTOPHER J. DRESSER :
This appeal is taken in accordance with 46 U.S.C. § 7701 et seq., 46 C.F.R.
Part 5, and the procedures set forth in 33 C.F.R. Part 20.
By a Decision and Order (hereinafter “D&O”) dated June 14, 2005, an
Administrative Law Judge (hereinafter “ALJ”) of the United States Coast Guard at New
York, New York, revoked Respondent’s merchant mariner credentials upon finding
proved a charge of use of a dangerous drug. The single specification supporting the
charge alleged that on November 13, 1997, Respondent had marijuana metabolites
present in his body as was revealed through a pre-employment drug test.
PROCEDURAL HISTORY
The initial hearing was held in New Orleans, Louisiana on April 29, June 11, 12,
and 24, 1998, before The Honorable Archie R. Boggs, ALJ, now retired, who found the
charge proved. Respondent appealed the decision alleging several errors. In particular,
Respondent argued that the ALJ was disqualified because he had an ex parte | Appeal No. 2679 | Suspension and Revocation Appeals Authority | 4/2/2008 | 4/2/2008 | | 11/27/2017 |
| Suspension and Revocation Appeals Authority | 2677 - WALKER | UNITED STATES OF AMERICA
DEPARTMENT OF HOMELAND SECURITY
UNITED STATES COAST GUARD
UNITED STATES OF AMERICA : DECISION OF THE
UNITED STATES COAST GUARD :
: VICE COMMANDANT
vs. :
: ON APPEAL
:
MERCHANT MARINER DOCUMENT : NO: 2677
:
:
:
Issued to: CHARLES EUGENE WALKER :
This appeal is taken in accordance with 46 U.S.C. § 7701 et seq., 46 C.F.R.
Part 5, and the procedures set forth in 33 C.F.R. Part 20.
By a Decision and Order (hereinafter “D&O”) dated January 30, 2007, the Chief
Administrative Law Judge (hereinafter “CALJ”) of the United States Coast Guard
granted the Coast Guard’s Motion for Default and ordered the suspension of the
Merchant Mariner Document of Mr. Charles Eugene Walker (hereinafter “Respondent”)
upon finding that Respondent failed to answer a Complaint properly filed by the Coast
Guard.
PROCEDURAL HISTORY
On November 1, 2006, the United States Coast Guard (hereinafter “Coast Guard”)
issued a Complaint against Respondent’s merchant mariner document alleging a single
specification of misconduct. [Complaint at 1] Pursuant to 46 U.S.C. § 7704(1)(b), the
Coast Guard sought the outright suspension of Respondent’s merchant mariner license
for a period of 15 days, followed by a probationary suspension period. [Id. at 2] The
Complaint and specification alleged that Respondent, while the holder of a merchant | Appeal No. 2677 | Suspension and Revocation Appeals Authority | 3/20/2008 | 3/20/2008 | | 11/27/2017 |
| Suspension and Revocation Appeals Authority | 2678 - SAVOIE | UNITED STATES OF AMERICA
DEPARTMENT OF HOMELAND SECURITY
UNITED STATES COAST GUARD
UNITED STATES OF AMERICA : DECISION OF THE
UNITED STATES COAST GUARD :
: VICE COMMANDANT
vs. :
: ON APPEAL
Merchant Mariner License :
and : NO.: 2678
Merchant Mariner Document :
:
:
Issued to: WAYNE SAVOIE :
This appeal is taken in accordance with 46 USC § 7701 et seq., 46 CFR Part 5,
and the procedures in 33 CFR Part 20.
By a Decision and Order (hereinafter “D&O”) dated June 10, 2005, an
Administrative Law Judge (hereinafter “ALJ”) of the United States Coast Guard at New
Orleans, Louisiana, suspended the merchant mariner credentials of Mr. Wayne Savoie
(hereinafter “Respondent”) for a period of four months upon finding proved a charge of
conviction for a dangerous drug law violation. The Complaint alleged that on August
30, 2004, Respondent pleaded guilty to, and was convicted of, “Possession of Cocaine”
in a Louisiana court. | Appeal No. 2678 | Suspension and Revocation Appeals Authority | 3/20/2008 | 3/20/2008 | | 11/27/2017 |
| Suspension and Revocation Appeals Authority | 2675 - MILLS | UNITED STATES OF AMERICA
DEPARTMENT OF HOMELAND SECURITY
UNITED STATES COAST GUARD
UNITED STATES OF AMERICA
UNITED STA TES COAST GUARD
vs.
MERCHANT MARINER DOCUMENT
and
MERCHANT MARINER LICENSE
Issued to: HOW ARD C. MILLS
DECISION OF THE
VICE COMMANDANT
ON APPEAL
N0.26 7 5
This appeal is taken in accordance with 46 U.S.C. § 7701 et seq., 46 C.F.R. Part
5, and the procedures set forth in 33 C.F.R. Part 20.
By a Decision and Order (hereinafter "D&O") dated October 27, 2004, an
Administrative Law Judge (hereinafter "ALJ") of the United States Coast Guard
dismissed a Complaint against Mr. Howard C. Mills' (hereinafter "Respondent")
merchant mariner license and document upon finding the charges of violation of law or
regulation and misconduct not proved.
PROCEDURAL HISTORY
The Coast Guard filed its original Complaint against Respondent with the Coast
Guard ALJ Docketing Center on May 13, 2004. [D&O at 2] On June 7, 2004, the Coast
Guard filed an Amended Complaint (hereinafter "Complaint") which specifically
amended the factual allegations for the violation of law or regulation charge with the ALJ
Docketing Center. [Id.] Respondent's reply to the Complaint was received by the ALJ
Docketing Center on the same day. [Answer] In his Answer, although Respondent failed | Appeal No. 2675 | Suspension and Revocation Appeals Authority | 2/28/2008 | 2/28/2008 | | 11/27/2017 |
| Suspension and Revocation Appeals Authority | 2676 - PARKER | UNITED STATES OF AMERICA
DEPARTMENT OF HOMELAND SECURITY
UNITED STATES COAST GUARD
UNITED ST A TES OF AMERICA
UNITED ST ATES COAST GUARD
VS.
MERCHANT MARINER LICENSE &
MERCHANT MARINER DOCUMENT
Issued to: JOHN KENNETH PARKER
DECISION OF THE
VICE COMMANDANT
ON APPEAL
NO. 26 7 6
This appeal is taken in accordance with 46 U.S.C. § 7701 et seq., 46 C.F.R. Part 5,
and the procedures in 33 C.F.R. Part 20.
By an Order Denying Respondent's Motion to Set Aside Finding of Default
(hereinafter "D&O") dated November 8, 2005, Judge Walter J. Brudzinski, an
Administrative Law Judge (hereinafter "ALJ") of the United States Coast Guard at New
York, New York, upheld a previously issued Default Order suspending the merchant
mariner credentials of Mr. John Kenneth Parker (hereinafter "Respondent") for 12
months upon finding proved charges of negligence and violation of law or regulation.
The specifications found proved alleged that Respondent committed an act of
negligence and violated a law or regulation by violating a Safety and Security Zone while
serving as the master aboard the MN AURORA on March 4, 2005.
PROCEDURAL HISTORY
The instant case is the result of a Default Order issued by the ALJ. The
progression of the case is integral to a thorough understanding of the issue raised on
appeal. The case progressed as follows: | Appeal No. 2676 | Suspension and Revocation Appeals Authority | 2/28/2008 | 2/28/2008 | | 11/27/2017 |
| Suspension and Revocation Appeals Authority | 2673 - MIKAN | UNITED STA TES OF AMERICA
DEPARTMENT OF HOMELAND SECURITY
UNITED STA TES COAST GUARD
UNITED ST A TES OF AMERICA
UNITED STA TES COAST GUARD
vs.
MERCHANT MARINER DOCUMENT
Issued to: MAUREEN ANN MIKAN
DECISION OF THE
VICE COMMANDANT
ON APPEAL
NO. 2 6 7 3
This appeal is taken in accordance with 46 USC§ 7701 et seq., 46 CFR Part 5,
and the procedures in 33 CFR Part 20.
By a Decision and Order (hereinafter "D&O") dated July 13, 2006, Judge
Anthony B. Canorro, an Administrative Law Judge (hereinafter "ALJ") of the United
States Coast Guard at Seattle, Washington, dismissed, without prejudice, the Coast
Guard's Complaint against Ms. Maureen Ann Mikan (hereinafter "Respondent") upon
determining that Respondent had voluntarily surrendered her merchant mariner document
on June 14, 2006.
PROCEDURAL HISTORY
On May 1, 2006, the Coast Guard issued a Complaint against, and sought
revocation of, Respondent's merchant mariner document alleging use of or addiction to
the use of dangerous drugs. [Complaint at 2, D&O at l] After an approved extension of
time in which to file her Answer, Respondent filed an Answer to the Complaint on June
19, 2006, wherein she admitted all jurisdictional allegations and agreed to the Coast
Guard's proposed order of revocation. (Answer at 1; D&O at 1] Thereafter, on June 14, | Appeal No. 2673 | Suspension and Revocation Appeals Authority | 1/28/2008 | 1/28/2008 | | 11/27/2017 |
| Suspension and Revocation Appeals Authority | 2674 - KOVALESKI | UNITED ST A TES OF AMERICA
DEPARTMENT OF HOMELAND SECURITY
UNITED STA TES COAST GUARD
UNITED STATES OF AMERICA
UNITED STATES COAST GUARD
vs.
MERCHANT MARINER LICENSE
Issued to: JASON WAYNE KOY ALESKI
DECISION OF THE
VICE COMMANDANT
ON APPEAL
NO. 26 7 4:
This appeal is taken in accordance with 46 USC§ 7701 et seq., 46 CFR Part 5,
and the procedures in 33 CFR Part 20.
By a Decision and Order (hereinafter "D&O") dated February 8, 2006, an
Administrative Law Judge (hereinafter "ALJ") of the United States Coast Guard at
Houston, Texas, revoked the merchant mariner license of Mr. Jason W. Kovaleski
(hereinafter "Respondent") upon finding proved a charge of conviction for a dangerous
drug law violation.
The specification found proved alleged that Respondent was convicted of
"Possession of Drug Paraphernalia" on August 13, 2002, by a Florida court.
PROCEDURAL HISTORY
On April 26, 2005, the Coast Guard issued a complaint against Respondent
alleging conviction of a dangerous drug law in that Respondent was convicted on August
13, 2002, in Panama City, Florida, of "Possession of Drug Paraphernalia." [Complaint at
2] On May 12, 2005, Respondent filed an Answer to the complaint on which he indicated | Appeal No. 2674 | Suspension and Revocation Appeals Authority | 1/28/2008 | 1/28/2008 | | 11/27/2017 |
| Suspension and Revocation Appeals Authority | 2672 - MARSHALL | UNITED STATES OF AMERICA
DEPARTMENT OF HOMELAND SECURITY
UNITED STATES COAST GUARD
UNITED ST A TES OF AMERICA
UNITED ST A TES COAST GUARD
vs.
MERCHANT MARINER LICENCSE
and
MERCHANT MARINER'S DOCUMENT
ISSUED TO: CLARENCE MARSHALL. Jr. :
DECISION OF THE
VICE COMMANDANT
ON APPEAL
No.26 7 2
This appeal is taken in accordance with 46 U.S.C. § 7701 et seq., 46 C.F.R.
Part 5, and the procedures set forth in 33 C.F.R. Part 20.
By a Decision and Order (hereinafter "D&O") dated October 28, 2004, Judge
Jeffie J. Massey, an Administrative Law Judge (hereinafter "ALJ") of the United States
Coast Guard at New Orleans, Louisiana, dismissed a Complaint against the merchant
mariner credentials of Mr. Clarence Marshall Jr. (hereinafter "Respondent") upon finding
not proved two charges of misconduct and one charge of violation of Law or regulation.
PROCEDURAL HISTORY
On June 24, 2004, the Coast Guard filed a Complaint against Respondent's
merchant mariner credentials alleging two acts of misconduct (refusal to submit to drug
and alcohol testing and consuming alcohol while acting under the authority of his mariner
credentials) and one act of violation of law or regulation (being under the influence of
alcohol while acting under the authority of his mariner credentials). (Complaint at 2]
The Complaint was properly served on Respondent via Certified Mail, Return Receipt, | Appeal No. 2672 | Suspension and Revocation Appeals Authority | 12/31/2007 | 12/31/2007 | | 11/27/2017 |
| Suspension and Revocation Appeals Authority | 2671 - BOUDREAUX | UNITED STA TES OF AMERICA
DEPARTMENT OF HOMELAND SECURITY
UNITED STATES COAST GUARD
UNITED STA TES OF AMERICA
UNITED STATES COAST GUARD
vs.
MERCHANT MARINER'S LICENSE
Issued to: ROY PAUL BOUDREAUX
DECISION OF THE
VICE COMMANDANT
ON APPEAL
N0:2 6 71
This appeal is taken in accordance with 46 U.S.C. § 7701 et seq., 46 C.F.R.
Part 5, and the procedures set forth in 33 C.F.R. Part 20.
By a Decision and Order (hereinafter "D&O") dated November 29, 2005, an
Administrative Law Judge (hereinafter "ALJ") of the United States Coast Guard
dismissed with prejudice a Complaint against Mr. Roy Paul Boudreaux's (hereinafter
"Respondent") merchant mariner license upon finding a single charge of misconduct not
proved consistent with 46 C.F.R. 5.567(a).
PROCEDURAL HISTORY
On December 20, 2004, the United States Coast Guard (hereinafter "Coast
Guard") issued a Complaint against Respondent's merchant mariner license alleging a
single specification of misconduct. [Complaint at 1) The Coast Guard sought to suspend
Respondent's merchant mariner license outright for a period of 12 months. [Id. at 2) The
specification alleged that while Respondent was acting under the authority of his Coast
Guard issued merchant mariner license, he failed to have a proper lookout on the tug and
tow UTV JOHN 3:16, which he was piloting in the Gulf lntracoastal Waterway, thereby | Appeal No. 2671 | Suspension and Revocation Appeals Authority | 10/27/2007 | 10/27/2007 | | 11/27/2017 |
| Suspension and Revocation Appeals Authority | 2670 - WAIN | This appeal is taken in accordance with 46 U.S .C. § 7701 et seq., 46 C.F.R. Part 5,
and the procedures set forth in 33 C.F.R. Part 20.
By a Decision and Order (hereinafter "D&O") dated May 4, 2004, Judge Joseph
N. Ingolia, the Chief Administrative Law Judge (hereinafter "Chief ALJ") of the United
States Coast Guard, at Baltimore, Maryland, revoked the merchant mariner credentials
(merchant mariner document and STCW Certificate) of Mr. Mark Glen Wain (hereinafter
"Respondent") upon finding proved two charges of misconduct. The first specification
found proved alleged that on September 25, 2002, Respondent, while serving in a deck
maintenance crew position aboard the MN SEA LAND EXPLORER, disobeyed the
master's order to report aboard the vessel for its scheduled departure in Okinawa, Japan.
The second specification found proved alleged that on July 9, 2003, Respondent, while
applying for duplicate merchant mariner credentials, submitted a fraudulent application
that failed to fully disclose Respondent's conviction history. | Appeal No. 2670 | Suspension and Revocation Appeals Authority | 10/27/2007 | 10/27/2007 | | 11/28/2017 |
| Suspension and Revocation Appeals Authority | 2669 - LYNCH | This appeal is taken in accordance with 46 USC§ 7701 et seq., 46 CFR Part 5,
and 33 CFR Part 20.
By a Decision and Order (hereinafter "D&O") dated February 16, 2005, an
Administrative Law Judge (hereinafter "ALJ") of the United States Coast Guard at
Norfolk, Virginia, revoked the merchant mariner license of Mr. Howard Lynch, III,
(hereinafter "Respondent") upon finding proved a charge of use of, or addiction to the use
of, dangerous drugs.
The specification found proved alleged that Respondent tested positive for
marijuana metabolite as part of a random drug screening conducted on October 3, 2002. | Appeal No. 2669 | Suspension and Revocation Appeals Authority | 8/30/2007 | 8/30/2007 | | 11/28/2017 |
| Suspension and Revocation Appeals Authority | 2667 - THOMPSON | This appeal is taken in accordance with 46 USC§ 7701 et seq., 46 C.F.R. Part 5, and the
procedures in 33 C.F.R. Part 20.
By a Decision and Order (hereinafter "D&O") dated October 13, 2004, an Administrative
Law Judge (hereinafter "ALJ") of the United States Coast Guard at New Orleans, Louisiana,
dismissed a Complaint brought by Coast Guard Marine Safety Office Morgan City, Louisiana
(hereinafter "MSO Morgan City") against the merchant mariner license of Mr. Aubrey A.
Thompson, Jr., (hereinafter "Respondent") after finding not proved two charges: 1) that
Respondent was a user of or was addicted to the use of dangerous drugs and 2) that Respondent
committed an act of misconduct. | Appeal No. 2667 | Suspension and Revocation Appeals Authority | 8/10/2007 | 8/10/2007 | | 11/28/2017 |
| Suspension and Revocation Appeals Authority | 2668 - MERRILL | This appeal is taken in accordance with 46 U.S.C. § 7701 et seq., 46 C.F.R.
Part 5, and the procedures set forth in 33 C.f .R. Part 20.
By a Decision and Order on Remand (hereinafter "D&O on Remand") dated
January 13, 2003, an Administrative Law Judge (hereinafter "ALJ") of the United States
Coast Guard at New Orleans, Louisiana, revoked Mr. Merrill's (hereinafter
"Respondent's") license and document upon finding proved a charge of use of or
addiction to the use of dangerous drugs. The specification found proved alleged that
Respondent tested positive for cocaine metabolite as part of a drug screening conducted
on November 11, 1999. | Appeal No. 2668 | Suspension and Revocation Appeals Authority | 8/10/2007 | 8/10/2007 | | 11/28/2017 |
| Suspension and Revocation Appeals Authority | 2664 - SHEA | This appeal is taken in accordance with 46 U.S.C. § 7701 et seq., 46 C.F.R.
Part 5, and the procedures set forth in 33 C.F.R. Part 20.
By a Decision and Order (hereinafter "D&O") dated January 25, 2005, an
Administrative Law Judge (hereinafter "ALJ") of the United States Coast Guard at
Honolulu, Hawaii, issued a decision revoking the merchant mariner credentials of
Mr. Patrick B. Shea, (hereinafter "Respondent") upon finding proved charges of both
misconduct and incompetence.
The first specification found proved alleged that Respondent committed
misconduct by abandoning his watch station, without a relief, while underway on the
SS EWA on December 18, 2003. The second specification found proved alleged that
Respondent was incompetent due to his suffering from bipolar disorder which caused him
to abandon his watch station on the SS EWA on December 18, 2003, and act in an
irrational manner, which resulted in Respondent being relieved of all duties and being
placed in restraints and confined to his quarters until the end of the vessel's voyage. | Appeal No. 2664 | Suspension and Revocation Appeals Authority | 8/7/2007 | 8/7/2007 | | 11/28/2017 |
| Suspension and Revocation Appeals Authority | 2665 - DUBROC | This appeal is taken in accordance with 46 USC§ 7701 et seq., 46 CFR Part 5,
and 33 CPR Part 20.
By a Revocation Order1 (hereinafter "Default Order") dated September 14, 2004,
an Administrative Law Judge (hereinafter "ALJ") of the United States Coast Guard at
Norfolk, Virginia, revoked the Merchant Mariner Document (hereinafter "MMD") of
Mr. Dieter P. Dubroc (hereinafter "Respondent'') upon a finding of default in a
proceeding that alleged, as the basis for revocation, use of or addiction to the use of
dangerous drugs. The Complaint alleged that on June 11, 2003, Respondent submitted to
a random drug test and provided a urine sample that tested positive for the presence of
cocaine metabolite. | Appeal No. 2665 | Suspension and Revocation Appeals Authority | 8/7/2007 | 8/7/2007 | | 11/28/2017 |
| Suspension and Revocation Appeals Authority | 2666 - SPENCE | This appeal is taken in accordance with 46 U.S.C. § 7701, et seq., 46 C.F.R. Part
5, and the procedures in 33 C.F.R. Part 20.
By a Decision and Order (hereinafter "D&O") dated July 6, 2004, an
Administrative Law Judge (hereinafter "ALJ") of the United States Coast Guard at
Norfolk, Virginia, revoked the license of Mr. Bruce Allen Spence (hereinafter
"Respondent") upon finding proved one charge of violation of law or regulation and two
charges of misconduct.
The violation of law or regulation charge was based on the Coast Guard's
allegation that Respondent, while serving as Master of the MN COMMANDER,
submitted to a random alcohol test that revealed that Respondent had a Blood Alcohol
Concentration (hereinafter "BAC") of .176%. The misconduct charges were based on
allegations that Respondent wrongfully refused to submit to both a confirmation blood
alcohol test and a random drug test. | Appeal No. 2666 | Suspension and Revocation Appeals Authority | 8/7/2007 | 8/7/2007 | | 11/28/2017 |
| Suspension and Revocation Appeals Authority | 2663 - LAW | This appeal is taken in accordance with 46 U.S.C. § 7701 el seq., 46 C.F.R. Part 5, and the procedures in 33 C.F.R. Part 20.
By a Decision and Order (hereinafter "D&O") dated July 8, 2005, an Administrative Law Judge (hereinafter "AU") of the United States Coast Guard at New Orleans, Louisiana, suspended the merchant mariner credentials issued to Mr. George L.
Law, Jr. (hereinafter "Respondent") for six months upon finding proved a charge of misconduct. The misconduct charge alleged that while performing official matters associated with his mariner credentials (applying for renewal of his merchant mariner
license, issuance of a duplicate merchant mariner document and issuance of an original Seafarer's Training, Certification and Watch keeping certificate), Respondent failed to disclose a criminal conviction in his application package in violation of 46 C.F.R. § 10.201 (h). Although the Coast Guard asserted that revocation was the mandatory sanction in cases involving fraud in the procurement of a mariner credential, the ALJ
imposed a sanction of six months suspension. | Appeal No. 2663 | Suspension and Revocation Appeals Authority | 8/6/2007 | 8/6/2007 | | 11/28/2017 |
| Suspension and Revocation Appeals Authority | 2662 - VOORHEIS | This appeal is taken in accordance with 46 USC§ 7701 et seq., 46 CFR Part 5,
and the procedures in 33 CFR Part 20.
By a Decision and Order (hereinafter "D&O") dated July 8, 2005, an
Administrative Law Judge (hereinafter "ALJ") of the United States Coast Guard at
Baltimore, Maryland ordered the Coast Guard to return the merchant mariner document
of Mr. William Voorheis (hereinafter "Respondent") upon finding a charge of use of or
addiction to the use of dangerous drugs not proved.
The specification found not proved alleged that Respondent tested positive for
amphetamine as part of a periodic drug screening conducted on June 30, 2004. | Appeal No. 2662 | Suspension and Revocation Appeals Authority | 1/19/2007 | 1/19/2007 | | 11/28/2017 |
| Suspension and Revocation Appeals Authority | 2661 - SHINE | This appeal is taken in accordance with 46 USC§ 7701 et seq., 46 CFR Part 5,
and the procedures in 33 CFR Part 20.
By a Decision and Order (hereinafter "D&O") dated February 20, 2004, an
Administrative Law Judge (hereinafter "ALJ'') of the United States Coast Guard at
Alameda, California, issued a summary decision revoking the merchant mariner
credentials of Mr. Eric Norman Shine (hereinafter "Respondent") upon finding proved a
charge of medical incompetence.
The specification found proved alleged that Respondent suffers from a mental
impairment of sufficient disabling character which renders him unable to safely perform
his duties aboard a merchant vessel. | Appeal No. 2661 | Suspension and Revocation Appeals Authority | 12/27/2006 | 12/27/2006 | | 11/28/2017 |
| Suspension and Revocation Appeals Authority | 2660 - BLACKMON | This appeal is taken in accordance with 46 USC§ 7701 et seq., 46 CFR Part 5,
and 33 CFR Part 20.
By a Decision and Order (hereinafter "D&O") dated August 22, 2005, an
Administrative Law Judge (hereinafter "ALJ") of the United States Coast Guard at
Honolulu, Hawaii, revoked the merchant mariner document of Mr. Clifford Blackmon
(hereinafter "Respondent") upon finding proved a charge of misconduct. The
specification found proved alleged that on August 27, 2004, Respondent:
Took a Pre-employment drug test and that the urine specimen
subsequently tested positive for Marijuana Metabolite. | Appeal No. 2660 | Suspension and Revocation Appeals Authority | 11/9/2006 | 11/9/2006 | | 11/28/2017 |
| Suspension and Revocation Appeals Authority | 2659 - DUNCAN | This appeal is taken in accordance with 46 U.S.C. * 7703, 46 C.F.R. ~ 5.27 and
the procedures set forth in 33 C.F.R. Part 20.
By a Decision and Order (hereinafter "D&O") dated March 15, 2005, an
Administrative Law Judge (hereinafter "ALJ") of the United States Coast Guard at
Alameda, California, revoked the license of Mr. Edward A. Duncan (hereinafter
"Respondent") upon finding proved a charge of misconduct. The specification found
proved alleged that on September 29, 2004, Respondent, while serving as master of the
tug KLICKITAT, wrongfully operated the vessel with a blood alcohol concentration
(hereinafter "BAC") of 0.04 or higher, a prohibited action under 33 C.F.R. * 95.020. | Appeal No. 2659 | Suspension and Revocation Appeals Authority | 9/15/2006 | 9/15/2006 | | 11/28/2017 |
| Suspension and Revocation Appeals Authority | 2657 - BARNETT | This appeal is taken in accordance with 46 U.S.C. § 7701 et seq., 46 C.F.R.
Part 5, and the procedures set forth in 33 C.F.R. Part 20.
By a Decision and Order (hereinafter "D&O") dated May 13, 2003, an
Administrative Law Judge (hereinafter "ALJ") of the United States Coast Guard at New
Orleans, Louisiana, revoked Jay W. Barnett's (hereinafter "Respondent's") mariner
credentials upon finding proved a charge of use of a dangerous drug. The charge was
based on a single specification of use of, or addiction to the use of, dangerous drugs in
violation of 46 U.S.C. § 7704(c) and 46 C.F.R. § 5.35. The Complaint alleged that on
September 17, 2002, Respondent submitted to a random drug test and provided a urine
sample that tested positive for the presence of marijuana metabolites. | Appeal No. 2657 | Suspension and Revocation Appeals Authority | 5/17/2006 | 5/17/2006 | | 11/28/2017 |
| Suspension and Revocation Appeals Authority | 2658 - ELSIK | This appeal is taken in accordance with 46 U.S.C. § 7701 et seq., 46 C.F.R.
Part 5, and the procedures in 33 C.F.R. Part 20.
By two separate Orders, both dated April 6, 2004, an Administrative Law Judge
(hereinafter "ALJ") of the United States Coast Guard at New Orleans, Louisiana,
dismissed all allegations of the Coast Guard's Amended Complaint-one allegation of
negligence and two allegations of misconduct-against James Michael Elsik (hereinafter
"Respondent") with prejudice. The ALJ's first Order of April 6, 2004, entitled an "Order
Ruling on Respondent's Motion to Dismiss" dismissed both misconduct allegations, with
prejudice, and found, as a matter of law, that the Coast Guard could not maintain
allegations of misconduct based on violations of statutes for which criminal penalties
could be imposed. The ALJ's second Order of that date, entitled an "Order Ruling on
Respondent's Motion for Sanctions," dismissed the remaining allegation of negligence,
also with prejudice, as a remedy to Respondent for the Coast Guard's failure to respond
to Interrogatories ordered by the ALJ. | Appeal No. 2658 | Suspension and Revocation Appeals Authority | 5/17/2006 | 5/17/2006 | | 11/28/2017 |
| Suspension and Revocation Appeals Authority | 2656 - JORDAN | This appeal is taken in accordance with 46 U.S.C. § 7701 et seq., 46 C.F.R. Part
5, and the procedures set forth in 33 C.F.R. Part 20.
By an "Order Granting Coast Guard's Motion for Default and Order of
Revocation" (hereinafter "Default Order") dated March 2, 2004, an Administrative Law
Judge (hereinafter "ALJ") of the United States Coast Guard at Seattle, Washington,
revoked Michael W. Jordan's (hereinafter "Respondent") Merchant Mariner Document
upon finding proved a charge of misconduct.
The specification found proved alleged that Respondent committed misconduct
by refusing to take a pre-employment drug test properly requested by his employer. | Appeal No. 2656 | Suspension and Revocation Appeals Authority | 1/26/2006 | 1/26/2006 | | 11/28/2017 |
| Suspension and Revocation Appeals Authority | 2655 - KILGROE | This appeal is taken in accordance with 46 U.S.C. § 7701 et seq., 46 C.F.R. Part 5, and
the procedures set forth in 33 C.F.R. Part 20.
By a Decision and Order (hereinafter "D&O") dated October 4, 2004, an Administrative
Law Judge (hereinafter "ALJ") of the United States Coast Guard revoked the wiper endorsement
for John F. Kilgroe's (hereinafter "Respondent's") merchant mariner document upon finding
proved a charge of professional incompetence. The specification found proved alleged that from
January 10, 2003, to March 10, 2003, Respondent, while serving as a wiper aboard the USNS
SEAY was unable to safely perform his required duties. | Appeal No. 2655 | Suspension and Revocation Appeals Authority | 1/9/2006 | 1/9/2006 | | 11/28/2017 |
| Suspension and Revocation Appeals Authority | 2654 - HOWELL | This appeal is taken in accordance with 46 U.S.C. § 7701 et seq., 46 C.F.R. Part
5, and the procedures set forth in 33 C.F.R. Part 20.
By a Decision and Order (hereinafter "D&O") dated July 21, 2003, an
Administrative Law Judge (hereinafter "ALJ") of the United States Coast Guard at
Portland, Oregon, revoked Theodore Dale Howell's (hereinafter "Respondent's")
merchant mariner license upon finding proved a charge of violation of law or regulation.
The charge was based on two specifications: I) fai lure to conduct a safety orientation in
violation or 46 C.F.R. § 26.03-1; and, 2) failure to post safety instructions in violation of
46 C.F.R. § 26.03-2. | Appeal No. 2654 | Suspension and Revocation Appeals Authority | 11/14/2005 | 11/14/2005 | | 11/28/2017 |
| Suspension and Revocation Appeals Authority | 2653 - ZERINGUE | The complaint below alleges that a post-casualty urine sample collected from Mr.
Fabian Zeringue, Sr., (Respondent) tested positive for cocaine. The complaint seeks
revocation of Respondent's Coast Guard license, alleging that Respondent performed a
safety sensitive function in violation of federal regulations governing the use of alcohol
and dangerous drugs. The Honorable Archie Boggs, a United States Coast Guard
Administrative Law Judge (ALJ), dismissed the complaint for failure of proof by a
Decision and Order (D&O) issued on March 27, 2003. The Coast Guard appeals, seeking
Commandant review pursuant to 46 U.S.C. § 7701 et seq., 46 C.F.R. Part 5, and the
procedures set forth in 33 C.F.R. Part 20. | Appeal No. 2653 | Suspension and Revocation Appeals Authority | 5/18/2005 | 5/18/2005 | | 11/28/2017 |
| Suspension and Revocation Appeals Authority | 2652 - MOORE | This appeal is taken in accordance with 46 U.S.C. § 7701 et seq., 46 C.F.R. § 5,
and the procedures set forth in 33 C.F.R. § 20.
By a Decision and Order (D&O) dated July 31, 2003, an Administrative Law
Judge ("ALJ") of the United States Coast Guard at New Orleans, Louisiana, revoked
Michael Steven Moore's (Respondent's) merchant mariner document upon finding
proved a charge of misconduct. The charge was based on a single specification of Failure
to Obey Law or Regulation in violation of 46 U.S.C. § 7703 and 46 C.F.R. § 5.33 for
Respondent's refusal to submit to random drug testing requested on three separate
occasions in September of 2002. | Appeal No. 2652 | Suspension and Revocation Appeals Authority | 2/11/2005 | 2/11/2005 | | 11/28/2017 |
| Suspension and Revocation Appeals Authority | 2647 - BROWN | This appeal is taken in accordance with 46 U.S.C. § 7701 et seq.,
46 C.F.R. Part 5, and the procedures in 33 C.F.R. Part 20.
By a Decision and Order (D&O) dated May 20, 2003, an Administrative Law Judge (ALJ) of the United States Coast Guard at New Orleans, Louisiana, revoked Joseph Ricardo Brown’s (Respondent’s) merchant mariner document upon finding proved a charge of use of or addiction to the use of dangerous drugs.
The specification found proved alleged that Respondent tested positive for marijuana metabolite as part of a random drug screening conducted on November 24, 2002. | Appeal No. 2647 | Suspension and Revocation Appeals Authority | 5/18/2004 | 5/18/2004 | | 11/28/2017 |
| Suspension and Revocation Appeals Authority | 2645 - MIRGEAUX | This appeal is taken in accordance with 46 U.S.C. § 7701 et seq.,
46 C.F.R. Part 5, and the procedures in 33 C.F.R. Part 20.
By a Decision and Order (D&O) dated December 30, 2002, an Administrative
Law Judge (ALJ) of the United States Coast Guard at Seattle, Washington, revoked
Steven A. Mirgeaux's (Respondent's) above-captioned license upon finding proved a
charge of use of a dangerous drug.
The specification found proved alleged that Respondent tested positive for
amphetamine/methamphetamine as part of a random drug screening conducted on
April 2, 2002. | Appeal No. 2645 | Suspension and Revocation Appeals Authority | 4/5/2004 | 4/5/2004 | | 11/28/2017 |
| Suspension and Revocation Appeals Authority | 2646 - MCDONALD | This appeal is taken in accordance with 46 U.S.C. §7701 et seq., 46 C.F.R. Part 5,
and the procedures set forth in 33 C.F.R. Part 20.
By a Decision and Order (D&O) dated November 9, 2001 , an Administrative Law
Judge (AU) of the United States Coast Guard at Houston, Texas, suspended
Dominic McDonald's (Respondent's) above-captioned merchant mariner document and
license for twelve months upon finding proved a charge of misconduct.
Respondent was charged with a single specification of misconduct under
46 U.S.C. § 7703 and 46 C.F.R. § 5.27, in that while engaged in official matters under the
authority of his license and merchant mariner document, Respondent wrongfully refused
to submit to required chemical testing for dangerous drugs by providing a substituted
urine specimen during a pre-employment drug screening on July 31, 2000. The pre employment
drug screening was in preparation for Respondent's bidding on union
contracted work as required by the Masters, Mates, and Pilots Union. The specimen that
Respondent submitted was later determined to have been inconsistent with human urine.
Coast Guard Marine Safety Unit Galveston, Texas, determined that Respondent's alleged
submission of non-human urine constituted a refusal to submit to a urinalysis test
pursuant to 46 C.F.R. § 16.105. As a consequence, Marine Safety Unit Galveston sought
revocation of Respondent's license and merchant mariner document. | Appeal No. 2646 | Suspension and Revocation Appeals Authority | 4/5/2004 | 4/5/2004 | | 11/28/2017 |
| Suspension and Revocation Appeals Authority | 2643 - WALKER | This appeal is taken in accordance with 46 U.S.C. § 7702, 46 U.S.C. § 7703(1), 46 C.F.R. § 5.701, and the procedures in 33 C.F.R. Part 20.
By a Decision and Order (D&O) dated June 18, 2002, an Administrative Law Judge (ALJ) of the United States Coast Guard at New Orleans, La., suspended Milton Walker’s (Respondent) above captioned license upon finding proved charges of negligence and misconduct. The negligence and misconduct specifications found proved alleged that:
On or about 5 August 2001, Respondent, while operating an airboat owned by Louisiana Swamp Tours, deliberately and wantonly perpetrated the following acts against the owner of a rival swamp tour boat company and his passenger, who were both in a small pleasure boat: (a) overtook the small pleasure boat at high speed, approaching to within 3 feet of the port side of the small boat and throwing water into the small boat; (b) stopped 10-20 feet in front of the small boat and revved his engine, causing spray and water to spray into the small boat and its occupants; and (c) then turned and headed directly toward the small boat as if he was going to ram it, only turning away at the last second.
The negligence and misconduct found proved by the ALJ occurred in Jefferson Parish, La. | Appeal No. 2643 | Suspension and Revocation Appeals Authority | 2/2/2004 | 2/2/2004 | | 11/28/2017 |
| Suspension and Revocation Appeals Authority | 2644 - SHINE | On November 23, 2003, Eric Norman Shine (Respondent) filed an Appeal of Administrative Law Judge (ALJ) Parlen McKenna’s Order dated November 20, 2003, denying his Motion for recusal/disqualification of the ALJ. On appeal, Respondent asserts that the ALJ should be recused “due to numerous, if not enormous conflicts of interest, which are clear in the manner by which these very proceedings have and continue to be taken place, both in form and function and lack thereof.” [Respondent’s Appeal of Judge McKenna’s November 20th, 2003, ‘Order Denying Respondent’s Motion for Recusal’ (Respondent’s Appeal) at 4]
The ALJ Docketing Center forwarded Respondent’s Appeal on November 24, 2003. In addition to forwarding Respondent’s Appeal, the Docketing Center forwarded Respondent’s Motion for Recusal of Judge Parlen L. McKenna (filed by and through his attorneys of record), the Coast Guard’s reply to that Motion, and Judge McKenna’s Order Denying Respondent’s Motion for Recusal. Based upon a review of those documents, I find that Respondent’s Appeal is not ripe for review. | Appeal No. 2644 | Suspension and Revocation Appeals Authority | 2/2/2004 | 2/2/2004 | | 11/28/2017 |
| Suspension and Revocation Appeals Authority | 2641 - JONES | This appeal is taken in accordance with 46 U.S.C. § 7702, 46 C.F.R. § 5.701, and the procedures in 33 C.F.R. Part 20.
By a Decision and Order (D&O) dated June 12, 2002, an Administrative Law Judge (ALJ) of the United States Coast Guard at New Orleans, La., revoked Mr. Jones’ (Respondent’s) merchant mariner document upon finding proved a charge of misconduct. The specification found proved alleged that “[o]n August 3, 2001, Respondent refused a random drug test ordered by Kirby Corporation.” | Appeal No. 2641 | Suspension and Revocation Appeals Authority | 8/31/2003 | 8/31/2003 | | 11/28/2017 |
| Suspension and Revocation Appeals Authority | 2640 - PASSARO | This appeal is taken in accordance with 46 USC § 7701 et seq., 46 CFR Part 5, and 33 CFR Part 20.
By a Decision and Order (D&O) dated March 19, 2002, an Administrative Law Judge (ALJ) of the United States Coast Guard at Alameda, California, suspended Mr. Passaro’s (Respondent’s) license and document for twelve (12) months, six (6) months outright and the remaining six (6) months remitted on twelve (12) months probation, upon finding proved a charge of misconduct. The specifications found proved alleged that on February 8, 2001, Respondent, while serving as duty engineer aboard the M/V LIBERTY WAVE and while acting under the authority of the above-captioned license and document, responded to two separate high water alarms by pumping bilge water directly overboard, bypassing the Oily Water Separator (OWS), in direct violation of the Vessel Instruction Manual and Chief Engineer’s Standing Order requiring that all overboard discharges be passed through the OWS. | Appeal No. 2640 | Suspension and Revocation Appeals Authority | 8/31/2003 | 8/31/2003 | | 11/28/2017 |
| Suspension and Revocation Appeals Authority | 2642 - RIZZO | This appeal is taken in accordance with 46 USC § 7703, 46 CFR § 5.701, and 33 CFR Part 20.
By a Decision and Order (D&O) dated August 27, 2001, an Administrative Law Judge (ALJ) of the United States Coast Guard at Baltimore, Maryland, suspended Appellant’s license for two (2) months outright upon finding proved a charge of negligence. The specifications found proved alleged that on January 30, 2000, Appellant, while serving as operator of the tug JOHN TURECAMO and while acting under the authority of the above-captioned license, navigated the tug in such a manner as to cause the barge PEQUECO II to sink in the upper Chesapeake Bay, just south of Turkey Point, resulting in approximately 100 gallons of diesel oil pollution, a five week salvage response and approximately $150,000 in damages. | Appeal No. 2642 | Suspension and Revocation Appeals Authority | 8/23/2003 | 8/23/2003 | | 11/28/2017 |
| Suspension and Revocation Appeals Authority | 2639 - HAUCK | This appeal is taken in accordance with 46 U.S.C. § 7702, 46 C.F.R. § 5.701, and 33 C.F.R. Part 20.
By a Decision and Order (D&O) dated October 2, 2001, an Administrative Law Judge (ALJ) of the United States Coast Guard suspended Respondent, William C. Hauck’s, above-captioned license outright for a period of twelve (12) months based upon finding proved one charge of negligence and three charges of violation of law or regulation. At the time of the hearing, there was one specification under the charge of negligence and one specification under each of three charges of violation of law or regulation. Under the charge of negligence, the specification alleged that the Respondent, while serving as master of the M/V ST. LUCIE on July 29, 2000, negligently operated the M/V ST. LUCIE by failing to navigate the vessel with due caution, contributing to an allision with Bethel Bank Daymarker Number 19 (LLNR 12497), causing substantial damage. Under the first charge of violation of law or regulation, the specification alleged that on July 29, 2000, while serving as Master of the M/V ST. LUCIE, the Respondent failed to maintain a proper look-out for the prevailing circumstances and conditions, by failing to comply with 33 U.S.C. § 2005, Inland Navigation Rules, Rule 5 – Look-out, resulting in the allision of the M/V ST. LUCIE with the charted aid to navigation, causing substantial damage. | Appeal No. 2639 | Suspension and Revocation Appeals Authority | 3/10/2003 | 3/10/2003 | | 11/28/2017 |
| Suspension and Revocation Appeals Authority | 2637 - TURBEVILLE | This appeal is taken in accordance with 46 U.S.C. §7702, 46 U.S.C. §7704(c), 46 C.F.R. §5.701, and the procedures in 33 C.F.R. Part 20.
By a Decision and Order (D&O) dated January 22, 2002, an Administrative Law Judge (ALJ) of the United States Coast Guard at Baltimore, Maryland, revoked Respondent’s above captioned merchant mariner’s document upon finding proved a charge of use of a dangerous drug.
The single specification supporting the charge of use of a dangerous drug alleged that on March 22, 2001, Respondent had marijuana metabolites present in his body as was revealed through a random drug test. The hearing was held on October 30, 2001, in Baltimore, Maryland, where Respondent appeared with counsel and entered a response denying the charge and specification. The Coast Guard Investigating Officer introduced three witnesses and five exhibits. Respondent introduced into evidence his own testimony, the testimony of three additional witnesses, and seven exhibits. A joint stipulation of fact was introduced. The ALJ’s D&O was served on Respondent on January 24, 2002, and Respondent filed a notice of appeal on February 14, 2002. Respondent filed his appeal on March 25, 2002, in a timely manner. This appeal is properly before me. | Appeal No. 2637 | Suspension and Revocation Appeals Authority | 3/6/2003 | 3/6/2003 | | 11/28/2017 |
| Suspension and Revocation Appeals Authority | 2638 - PASQUARELLA | This appeal is taken in accordance with 46 U.S.C. 7702, 46 U.S.C. 7704(c),
46 C.F.R. 5.701, and the procedures in 33 C.F.R. Part 20.
An Administrative Law Judge (ALJ) of the Coast Guard found the charge of use of a dangerous drug proved during a hearing on July 30, 2001. At Mr. Pasquarella’s (Respondent) request, the ALJ continued the hearing until January 30, 2002. On January 30, 2002, the ALJ directed the Coast Guard to return the Respondent’s merchant mariner document. In a Decision and Order (D&O) dated February 19, 2002, the ALJ at Alameda, California, revoked the Respondent’s merchant mariner document pursuant to 46 U.S.C. 7704(c), but the ALJ stayed his order of revocation pending Respondent’s completion of the cure requirements set forth in Appeal Decision 2535 (SWEENEY).
The Coast Guard filed its notice of appeal on March 1, 2002, and received an extension to file its brief by June 25, 2002. The Coast Guard filed a timely brief on May 30, 2002. In its appeal, the Coast Guard requested a reversal of the D&O, a remand of the case to the ALJ to properly apply the cure process as described in SWEENEY, and instructions to the ALJ to have Respondent deposit his document with the Coast Guard. Respondent did not file a reply brief in this matter. This appeal is properly before me.
APPEARANCES: Respondent, Randy Pasquarella, pro se. The Coast Guard Investigating Officers were Lieutenant Benjamin Benson, Petty Officer Rachel Lynn, and Petty Officer Laura Barkins, stationed at Marine Safety Office (MSO) San Diego, 2716 North Harbor Drive, San Diego, California 92101. | Appeal No. 2638 | Suspension and Revocation Appeals Authority | 3/6/2003 | 3/6/2003 | | 11/28/2017 |
| Suspension and Revocation Appeals Authority | 2636 - HOSKINS | This appeal is taken in accordance with 46 USC § 7702, 46 USC § 7704, 46 CFR § 5.701, and the procedures in 33 CFR Part 20.
By a Decision and Order (D&O) dated January 9, 2002, Edwin M. Bladen, an Administrative Law Judge (ALJ) of the United States Coast Guard at Seattle, Washington, revoked Erick L. Hoskins’ (Appellant) merchant mariner document. The Appellant was charged under 46 USC § 7704(b) in a single specification based on a conviction of a State of Washington dangerous drug law. The charge and specification were found proved by the ALJ.
The D&O was served on the Appellant and the Coast Guard on January 9, 2002. The Appellant filed his Notice of Appeal on February 4, 2002, and subsequently filed his appeal on March 5, 2002. The matter is properly before me.
APPEARANCES: Shane C. Crew, Esq., 720 Olive Way, Suite 1301, Seattle, Washington, 98101 for Appellant. The Coast Guard Investigating Officer was Chief Warrant Officer Clarence C. Rice, 1519 Alaskan Way South, Settle, WA 98134-1192. | Appeal No. 2636 | Suspension and Revocation Appeals Authority | 1/26/2003 | 1/26/2003 | | 11/28/2017 |
| Suspension and Revocation Appeals Authority | 2635 - SINCLAIR | This appeal is taken in accordance with 46 U.S.C. 7702, 46 U.S.C. 7704(c), 46 C.F.R. 5.701, and the procedures in 33 C.F.R. Part 20.
By a Decision and Order (D&O) dated February 14, 2001, an Administrative Law Judge (ALJ) of the United States Coast Guard at Houston, Texas, revoked Respondent’s above captioned merchant mariner’s document and license upon finding proved a charge of use of a dangerous drug. The ALJ stayed his order contingent upon a showing by the Respondent that he had enrolled to enter or had entered a certified drug rehabilitation program to complete the steps necessary to prove cure, as required by 46 U.S.C. 7704(c) and Appeal Decision 2546 (SWEENEY). Respondent was required to do this within thirty days of receipt of the ALJ’s D&O. The thirty day period expired with Respondent failing to enroll in a drug rehabilitation program resulting in revocation of the above captioned merchant mariner document and license. | Appeal No. 2635 | Suspension and Revocation Appeals Authority | 10/3/2002 | 10/3/2002 | | 11/28/2017 |
| Suspension and Revocation Appeals Authority | 2634 - BARRETTA | This appeal is taken in accordance with 46 U.S.C. 7702, 46 U.S.C. 7704(c),
46 C.F.R. 5.701, and the procedures in 33 C.F.R. Part 20.
By a Decision and Order (D&O) dated June 18, 2002, an Administrative Law Judge (ALJ) of the United States Coast Guard at Norfolk, Virginia, revoked on a conditional basis the Respondent’s above captioned license. The Respondent was charged under 46 U.S.C. 7704(c) with the use of a dangerous drug in a single specification based on a positive test for marijuana and the charge and specification were found proved by the ALJ. The ALJ, in issuing his conditional revocation, ordered the Coast Guard to temporarily return the Respondent’s license for two months (July and August 2002) to allow the Respondent to work under the license providing launch service at a marina in Provincetown, Rhode, Island. [D&O at 10] The D&O allowed Respondent, during July and August 2002, to provide “launch service at Provincetown to and from the dock at Provincetown Marina.” [D&O at 10] Pursuant to the conditional revocation, the Respondent would continue with her drug rehabilitation program during and beyond this two-month period in order to prove she was cured in accordance with 46 U.S.C. 7704(c) and my decision in Appeal Decision 2546 (SWEENEY). The Respondent was also required to participate in a “random, unannounced drug-testing program for a minimum of one year following completion of the rehabilitation program” and be “subject to increased unannounced testing for up to 60 months.” [D&O at 8-9] | Appeal No. 2634 | Suspension and Revocation Appeals Authority | 9/6/2002 | 9/6/2002 | | 11/28/2017 |