| Suspension and Revocation Appeals Authority | 2615 - DALE | This appeal is taken in accordance with 46 U.S.C. § 7702 and 46 C.F.R. § 5.701.
By an order dated October 3, 1996, an Administrative Law Judge of the United States Coast Guard at Long Beach, California, suspended Appellant’s above-captioned license and document, upon finding a charge of misconduct proved. The charge was supported by two specifications. First, Appellant wrongfully refused to submit to random urinalysis, and second, Appellant wrongfully failed to join his vessel.
The hearing was held on August 27, 1996, in Tampa, Florida. Appellant appeared with non-professional counsel and entered a response denying the charge and specifications. The Coast Guard Investigating Officer introduced into evidence the testimony of two witnesses and sixteen exhibits. Appellant introduced two exhibits, no witnesses, and chose not to testify. The charge was found proved, and Appellant’s license and document were suspended outright for six months and for an additional six months suspension on twelve months probation.
The Administrative Law Judge’s Decision and Order was served on Appellant on November 13, 1996. Appellant filed a notice of appeal on November 25, 1996, and was sent a copy of the transcript on April 19, 1997. Appellant perfected this appeal on June 14, 1997. This appeal is properly before me. | Appeal No. 2615 | Suspension and Revocation Appeals Authority | 2/2/2000 | 2/2/2000 | | 11/28/2017 |
| Suspension and Revocation Appeals Authority | 2602 - TERRY | This appeal is taken in accordance with 46 U.S.C. § 7702 and 46 C.F.R. § 5.701.
By an order dated October 2, 1995, an Administrative Law Judge of the United States Coast
Guard at Jacksonville, Florida revoked Mr. Marcus Terry’s ("Appellant") license upon finding
proved one charge of "Conviction for a Dangerous Drug Law Violation." The specification for
the charge of Conviction for a Dangerous Drug Law Violation alleged that Appellant, the holder
of the captioned document, was, on or about November 15, 1993, convicted of possession of a
dangerous drug with intent to distribute, to wit: Crack Cocaine.
The hearing was held on September 26, 1995 in Jacksonville, Florida. Appellant was charged
with Misconduct, supported by one specification and Conviction for a Dangerous Drug Law
Violation, supported by one specification. Appellant entered a response of deny to the charge of
Misconduct. Appellant entered a response of no contest to the charge of Conviction for a
Dangerous Drug Law Violation.
The Coast Guard Investigating Officer introduced into evidence the testimony of one witness and
seven exhibits. In defense, Appellant introduced into evidence his own testimony and the
testimony of two witnesses. The Investigating Officer withdrew the charge of Misconduct.
The Administrative Law Judge issued a written Decision and Order ("D&O") on October 2, 1995.
The Administrative Law Judge concluded, based on Appellant’s answer of no contest, that the
charge of Conviction for a Dangerous Drug Law Violation supported by one specification was proved. The Administrative Law Judge revoked Appellant’s document. | Appeal No. 2602 | Suspension and Revocation Appeals Authority | 7/23/1998 | 7/23/1998 | | 11/28/2017 |
| Suspension and Revocation Appeals Authority | 2600 - TRENTACOSTA | This appeal is taken in accordance with 46 U.S.C. § 7702 and 46 C.F.R. § 5.701.
By an order dated October 13, 1995, an Administrative Law Judge of the United States Coast
Guard at New Orleans, Louisiana, suspended Appellant’s license based upon finding proved one
specification of negligence. The specification alleged that on February 10, 1994, while operating
the M/V EDWIN N BISSO (hereinafter BISSO) on the Lower Mississippi River during
conditions of restricted visibility, Appellant failed to navigate with due caution by not obtaining
or properly using information available from radar observations to determine if risk of collision
existed, thereby contributing to a collision with a passenger ferry. The Administrative Law Judge
dismissed one other specification of misconduct upon finding that it was not proved.
The hearing was held on July 5, 1994. Appellant entered a response denying the charge and
specification.
The Coast Guard Investigating Officer and Appellant introduced into evidence stipulated
testimony of six witnesses from a prior administrative hearing involving the master of the ferry
involved in this collision. The Coast Guard introduced no other testimony or exhibits into
evidence. In defense, Appellant introduced into evidence his own testimony and the testimony of
two witnesses. Appellant also introduced six exhibits into evidence. Both parties submitted
proposed findings and conclusions of law. | Appeal No. 2600 | Suspension and Revocation Appeals Authority | 12/23/1997 | 12/23/1997 | | 11/28/2017 |
| Suspension and Revocation Appeals Authority | 2597 - TIMMEL | This appeal is taken in accordance with 46 U.S.C. § 7702 and 46 C.F.R. § 5.701.
By an order dated May 27, 1994, an Administrative Law Judge of the United States Coast Guard
at Jacksonville, Florida, suspended Appellant’s above-captioned license, upon finding a charge of
negligence proved. The single specification supporting the charge alleged that Appellant failed to
safely navigate the M/V NECHES (hereinafter NECHES), running the vessel aground twice.
Hearings were held in Tampa, Florida, on January 19, 1994, and on February 2, 1994. Appellant
entered a response denying the charge and specification.
The Coast Guard Investigating Officer introduced into evidence 19 exhibits and the testimony of
six witnesses. Appellant introduced into evidence five exhibits, his own testimony, and the
testimony of four witnesses. Both parties submitted proposed findings of fact and conclusions of
law.
The Administrative Law Judge issued a written Decision and Order (D&O) on May 27, 1994. It
concluded that the charge of negligence and the supporting specification were proved. The
Administrative Law Judge suspended Appellant’s license for a period of one month, remitted
after three months probation. | Appeal No. 2597 | Suspension and Revocation Appeals Authority | 3/1/1998 | 3/1/1998 | | 11/28/2017 |
| Suspension and Revocation Appeals Authority | 2609 - DOMANGUE | This appeal is taken in accordance with 46 U.S.C. § 7702 and 46 C.F.R. § 5.701.
By an order dated May 22, 1996, an Administrative Law Judge (ALJ) of the United States Coast
Guard at New Orleans, Louisiana revoked Mr. David Domangue’s license and document upon
finding proved one charge of misconduct. The charge was supported by two specifications. The
first specification alleged that Appellant failed to comply with Seacor Marine, Inc.’s ("Seacor")
written substance abuse policy, in that he arrived for work on January 11, 1996, as mate onboard
the M/V BIGORANGE 30 with a blood alcohol level over 0.04%. The second specification
alleged that Appellant, a crewmember of the M/V BIGORANGE 30, acting under the authority of
his document and license, did, on January 11, 1996, exceed the standards of intoxication as
specified in 33 C.F.R. § 95.020.
The hearing was opened at 0930 on March 12, 1996 in New Orleans, Louisiana. Appellant
requested, via letter, a continuance. The continuance was granted and the hearing was continued
until 1000 on March 28, 1996. The hearing proceeded on
March 28, 1996. Prior to the start of the continued hearing, Appellant contacted the Investigating
Officer to inform him he that he was running late but was on his way to the hearing. The hearing
was further continued until 1115 to accommodate Appellant. Appellant failed to arrive at the
hearing. The hearing proceeded in his absence. | Appeal No. 2609 | Suspension and Revocation Appeals Authority | 6/24/1999 | 6/24/1999 | | 11/28/2017 |
| Suspension and Revocation Appeals Authority | 2620 - COX | This appeal is taken in accordance with 46 U.S.C. § 7702 and 46 C.F.R. § 5.701.
By an Order dated March 11, 1999, an Administrative Law Judge (ALJ) of the United States Coast Guard at Norfolk, Virginia, suspended Appellant’s above captioned license upon finding proved a charge of misconduct. The single specification supporting the charge alleged that Appellant, while acting under the authority of the above captioned license, did make threats against the first mate.
The hearing was held on January 20, 1999, at Saint Paul, Minnesota. Appellant appeared without counsel and entered a response denying the charge and specification. The Coast Guard Investigating Officer introduced six exhibits and the testimony of three witnesses. Appellant introduced one exhibit and chose to read a statement.
The ALJ’s initial Decision and Order (D&O) dated February 19, 1999, was served on Appellant on that date. After the ALJ’s final Order of March 11, 1999, an Order of Clarification was issued on April 15, 1999. Appellant filed a pro se Notice of Appeal along with a supplemental statement. This matter is properly before me.
APPEARANCE: Appellant represented himself pro se. The United States Coast Guard Investigating Officer was Chief Warrant Officer William G. Perkins. | Appeal No. 2620 | Suspension and Revocation Appeals Authority | 1/22/2001 | 1/22/2001 | | 11/28/2017 |
| Suspension and Revocation Appeals Authority | 2591 - WYNN | This appeal is taken in accordance with 46 U.S.C. § 7702 and 46 C.F.R. § 5.701.
By an order dated June 26, 1995, an Administrative Law Judge of the United States Coast Guard
at Jacksonville, Florida, revoked Appellant’s above-captioned license and document upon finding
a charge of use of a dangerous drug and a charge of violation of law or regulation proved. The
single specification supporting the charge of use of a dangerous drug alleged that Appellant was,
as shown by a positive drug test, a user of marijuana. The first specification supporting the charge
of violation of law or regulation alleged that Appellant, after failing the drug test and
surrendering the captioned license to the Coast Guard, accepted reemployment and acted under
the authority of the license in violation of 46 C.F.R. § 16.201(e). The second and final
specification supporting the charge alleged that Appellant, while acting under the authority of the
captioned license, failed to submit to a required drug test while employed by Seatow Sarasota in
violation of 46 C.F.R. § 16.201(e).
The hearing was held in Cortez, Florida, on May 25, 1995. Appellant appeared pro se and entered
a response denying the charges and specifications. The Coast Guard Investigating Officer
introduced into evidence the testimony of five witnesses and ten exhibits. Appellant introduced
into evidence his own testimony and one exhibit.
The Administrative Law Judge’s Decision and Order (D&O) was rendered on June 26, 1995. | Appeal No. 2591 | Suspension and Revocation Appeals Authority | 8/5/1997 | 8/5/1997 | | 11/28/2017 |
| Suspension and Revocation Appeals Authority | 2611 - CIBULKA | This appeal is taken in accordance with 46 U.S.C. § 7702 and 46 C.F.R. § 5.701.
By an order dated June 25, 1997, an Administrative Law Judge (ALJ) of the United States Coast Guard
at Houston, Texas, revoked Appellants above-captioned license, upon finding the charge of "conviction
for a dangerous drug law violation" proved. The supporting specification that was found proved alleges
that Appellant, "being the holder of the captioned license, [was] on March 25th, 1997, processed by the
County Court at Law of San Patricio County, Texas and [was] issued an order of deferred adjudication
of guilt after pleading nolo contendere to the misdemeanor offense of possession of marijuana on or
about December 7, 1996."
A hearing was held on May 22, 1997 in Corpus Christi, Texas. Appellant appeared with counsel and
entered a response denying the charge and specification. The Coast Guard Investigating Officer (I.O.)
introduced seven exhibits. Appellant introduced four exhibits and chose not to testify. There were nine
(9) Joint Selected Procedural Exhibits.
The charge was found proved, and Appellants license was revoked.
The ALJs Decision and Order (D&O) was served on Appellant on July 2, 1997. Appellant filed a timely
notice of appeal on July 28, 1997. On September 8, 1997, Appellant requested additional time to obtain
a copy of the transcript for submission with Appellants brief. This request was sent to the ALJ
Docketing Center in Baltimore, MD. On September 25, 1997, the Legal Assistant to the ALJ who issued
the D&O sent the original appeal transcript and one copy to the ALJ Docketing Center. The Legal
Assistant stated in the memorandum accompanying the transcripts that neither the Appellant nor his
attorney had requested a copy of the transcript. On September 29, 1997, Appellant requested, via ALJ
Docketing Center, another extension of time. Because the Appellant had not yet received a copy of the | Appeal No. 2611 | Suspension and Revocation Appeals Authority | 8/16/1999 | 8/16/1999 | | 11/28/2017 |
| Suspension and Revocation Appeals Authority | 2598 - CATTON | This appeal is taken in accordance with 46 U.S.C. § 7702 and 46 C.F.R. § 5.701.
By an order dated June 10, 1996, an Administrative Law Judge of the United States Coast Guard
at St. Louis, Missouri, revoked Appellant's merchant mariner’s license, upon finding proven a
charge of use of a dangerous drug. The single specification supporting the charge alleged that
appellant was, as shown by a positive drug test, a user of a dangerous drug, to wit; Marijuana.
A hearing was held in Cincinnati, Ohio on June 8, 1995. Appellant was represented by counsel
and entered a response denying the charge and specification. The Coast Guard Investigating
Officer introduced into evidence the testimony of five witnesses and seven exhibits. Appellant’s
counsel introduced into evidence the testimony of two witnesses and one exhibit. At the close of
the hearing, the record was left open for a reasonable time in order to allow Respondent an
opportunity to submit results of a retest of his original urine sample and to explore the possibility
of submitting results of a hair follicle test. Appellant submitted the results of the retest of the
urine sample, but did not submit to a hair follicle test.
The Administrative Law Judge’s Decision and Order of Revocation was served on Appellant on
June 12, 1996. Appellant filed a timely notice of appeal on July 10, 1996, and was granted an
extension until September 23, 1996, to file his brief. Appellant perfected his brief on September
22, 1996. | Appeal No. 2598 | Suspension and Revocation Appeals Authority | 3/23/1998 | 3/23/1998 | | 11/28/2017 |
| Suspension and Revocation Appeals Authority | 2618 - SINN | This appeal is taken in accordance with 46 U.S.C. § 7702 and 46 C.F.R. § 5.701.
By an order dated July 18, 1997, a United States Coast Guard Administrative Law Judge at Baltimore, Maryland, suspended Appellant’s Merchant Mariner’s License for one month, with four additional months suspended on sixteen months probation.
Appellant was charged with misconduct, violation of regulation and violation of law. The misconduct charge was supported by one specification: Appellant wrongfully operated the M/V LRS RENAISSANCE in the vicinity of Cape May Harbor without a valid Certificate of Inspection while carrying more than six passengers for hire. The violation of regulation charge was supported by two specifications: first, Appellant failed to provide the required passenger safety orientation before the M/V LRS RENAISSANCE got underway with more than six passengers for hire in violation of 46 C.F.R. § 185.506; and, second, Appellant failed to provide a written report of marine casualty in violation of 46 C.F.R. § 4.05-10. The violation of law charge was supported by one specification: Appellant failed to have his Merchant Mariner’s License posted in a conspicuous place in violation of 46 U.S.C. § 7110.
The hearing was held on June 17, 1997, at Philadelphia, Pennsylvania. Appellant represented himself and entered a response denying each charge and specification. The Coast Guard Investigating Officer introduced into evidence the testimony of nine witnesses and eight exhibits. Appellant introduced into evidence the testimony of one witness and testified under oath on his own behalf. He introduced two exhibits into evidence. All charges and specifications were found proved. Appellant’s License was suspended for one month, with four additional months suspended on sixteen months probation. | Appeal No. 2618 | Suspension and Revocation Appeals Authority | 4/27/2000 | 4/27/2000 | | 11/28/2017 |
| Suspension and Revocation Appeals Authority | 2614 - WALLENSTEIN | This appeal is taken in accordance with 46 U.S.C. § 7702 and 46 C.F.R. § 5.701.
By an order dated February 17, 1998, an Administrative Law Judge of the United States Coast Guard at Norfolk, Virginia revoked Appellant’s above-captioned license and document, upon finding proved a charge of use of a dangerous drug. The single specification supporting the charge alleged that Appellant was, as shown by a positive drug test, a user of cocaine.
The hearing was held on January 15, 1998, in Portland, Maine. Appellant appeared with counsel and entered a response denying the charge and specification. The Coast Guard Investigating Officer introduced into evidence the testimony of four witnesses and five exhibits. Appellant introduced into evidence his own testimony, one additional witness and two exhibits.
The Administrative Law Judge’s Decision and Order was served on Appellant on February 17, 1998. Appellant filed a notice of appeal on March 12, 1998 and received a copy of the transcript on April 1, 1998. Appellant perfected this appeal on April 22, 1998. This appeal is properly before me.
APPEARANCE: Phillip J. Kaplan, Esq., 350 St. Marks Place, Staten Island, N.Y. 10301, for Appellant. The Coast Guard Investigating Officer was Chief Warrant Officer Charles S. Rathgeber. | Appeal No. 2614 | Suspension and Revocation Appeals Authority | 2/2/2000 | 2/2/2000 | | 11/28/2017 |
| Suspension and Revocation Appeals Authority | 2604 - BARTHOLOMEW | This appeal is taken in accordance with 46 U.S.C. § 7702 and 46 C.F.R. § 5.701.
By an order dated August 4, 1997, an Administrative Law Judge of the United States Coast Guard at
Houston, Texas, revoked Mr. Darrell Ray Bartholomews ("Appellant") license based upon finding
proved one specification of misconduct. The specification for the charge of misconduct alleged that
Appellant, while acting under the authority of his license, serving as master aboard the M/V ED, did, on
December 8, 1996, wrongfully test positive for alcohol, with a blood alcohol concentration of 0.041.
The hearing was initially scheduled to be held on January 14, 1997 at Beaumont, Texas. Appellant
moved for a change of venue to New Orleans, Louisiana. The Administrative Law Judge granted this
motion and set the hearing for March 27, 1997 in New Orleans, Louisiana. After the change of venue
was granted, the Investigating Officer in New Orleans attempted to contact Appellant, but was
unsuccessful. The hearing was opened in New Orleans on March 27, 1997, but the Appellant was not
present. The Investigating Officer requested a continuance because the Coast Guard had been unable to
contact Appellant and to gather additional evidence. The continuance was granted and the hearing was
continued until April 29, 1997. The Coast Guard attempted, but was unable to contact Appellant. The
hearing was again opened on April 29, 1997 and the Appellant was not present. The Investigating
Officer requested a continuance in order to line up the witnesses and further attempt to reach Appellant.
The continuance was granted and the hearing was continued until May 28, 1997. The Coast Guard
attempted, but once again was unable to contact Appellant. On May 28, 1997 the hearing was opened.
Appellant was not present. | Appeal No. 2604 | Suspension and Revocation Appeals Authority | 11/6/1998 | 11/6/1998 | | 11/28/2017 |
| Suspension and Revocation Appeals Authority | 2617 - LAMOND | This appeal is taken in accordance with 46 U.S.C. § 7702 and 46 C.F.R. § 5.701.
By an order dated August 29, 1995 and amended June 13, 1996, a United States Coast Guard Administrative Law Judge in Portland, Maine, suspended Appellant’s Merchant Mariner’s Document for six months, with six additional months suspended on one year’s probation. The order, as amended on June 13, 1996, specifically excluded Appellant’s Coast Guard License.
Appellant was charged with misconduct and violation of regulation. The misconduct charge was supported by two specifications: first, Appellant wrongfully assaulted another seaman, and second, Appellant disobeyed a direct order by refusing to take a chemical test for intoxication. The violation charge was supported by one specification: that appellant was intoxicated while serving as quartermaster on board a vessel inspected under 46 U.S.C. Chapter 33 and 33 C.F.R. § 95.020(c).
The hearing was held on August 8, 1995, in Portland, Maine. Appellant represented himself and entered a response denying each charge and specification. The Coast Guard Investigating Officer introduced into evidence the testimony of three witnesses and five exhibits. Appellant testified under oath on his own behalf, but did not introduce witnesses or exhibits. The charge of misconduct: committing a violent act against another person was found not proved. The charge of misconduct: failure to comply with the master’s lawful order was found proved. The charge of violation of a regulation: serving as quartermaster while drunk, was found proved. Appellant was sentenced to six months suspension outright and another six months suspension on twelve months probation. | Appeal No. 2617 | Suspension and Revocation Appeals Authority | 2/2/2000 | 2/2/2000 | | 11/28/2017 |
| Suspension and Revocation Appeals Authority | 2622 - NITKIN | This appeal is taken in accordance with 46 U.S.C. § 7702 and 46 C.F.R. § 5.701, and the procedures in 33 C.F.R. Part 20.
By a Final Order dated May 26, 2000, an Administrative Law Judge (ALJ) of the United States Coast Guard at Miami, Florida suspended Appellant’s above-captioned license for five (05) months; the first month suspension was outright and the remaining four (04) months were remitted on twelve (12) months probation. By a Decision and Order (D&O) dated April 14, 2000, the ALJ had found proved a charge of misconduct alleging a violation of Rule 34 (d) of the 1972 Collision Regulations (COLREGS). The Appellant had also been charged with two additional specifications of misconduct (violating Rules 14 and 8 (e) of the COLREGS) and a charge of negligence supported by a single specification. However, the ALJ found these additional allegations not proved. Accordingly, this appeal involves only the charge and specification of misconduct, violation of Rule 34 (d), for failure to sound the danger signal under circumstances in which it is required.
The hearing was held on November 9 and 10, 1999 in Miami, Florida. Appellant appeared with counsel and entered a response denying the charges and specifications. The Coast Guard Investigating Officer (I.O.) introduced into evidence the testimony of five witnesses and thirteen exhibits. Appellant introduced into evidence his own testimony, three additional witnesses and two exhibits. | Appeal No. 2622 | Suspension and Revocation Appeals Authority | 3/15/2001 | 3/15/2001 | | 11/28/2017 |
| Suspension and Revocation Appeals Authority | 2610 - BENNETT | This appeal is taken in accordance with 46 U.S.C. § 7702 and 46 C.F.R. § 5.607.
By a Decision and Order (“D&O”) dated January 28, 1998, the Chief Administrative Law Judge (ALJ) of the United States Coast Guard at Baltimore, Maryland declared the Master 1600 Gross Ton Inland license (“Master 1600”) of Mr. Walter J. Bennett (“Appellant”) void ab initio and suspended Appellant’s Master 500 Gross Ton Inland license (“Master 500”) for six months and thereafter placed Appellant on a twelve month probationary period based upon finding proved one specification of misconduct.
The specification for the charge of misconduct alleged that Appellant, while acting under the authority of his Master 500 license, did wrongfully, knowingly, and fraudulently submit and sign a letter that falsely claimed sea time that Appellant needed in order to qualify for an upgrade of his license (from Master 500 to Master 1600).
The suspension and revocation hearing was held on June 19 - 20, 1997, in Baltimore, Maryland. On March 16, 1998, Appellant filed a petition to reopen his hearing (“Petition”). On March 25, 1998 Appellant also filed an appeal (“Appeal”) to the Chief ALJ’s D&O. Appellant subsequently requested to amend that Appeal to add an additional argument and to include additional information that Appellant claimed was newly discovered evidence. By an order (“Order”) dated May 22, 1998, the Chief ALJ of the United States Coast Guard at Baltimore, Maryland denied the Appellant’s Petition. | Appeal No. 2610 | Suspension and Revocation Appeals Authority | 8/4/1999 | 8/4/1999 | | 11/28/2017 |
| Suspension and Revocation Appeals Authority | 2625 - ROBERTSON | This appeal is taken in accordance with 46 U.S.C. § 7702 (b) and 46 C.F.R.
§ 5.701.1
By an order dated January 7, 1999, an Administrative Law Judge (ALJ) of the
United States Coast Guard, revoked Respondent’s license, captioned above, upon finding
proved a charge of Misconduct. The single specification supporting the charge of
Misconduct alleged that, Gary Lewis Robertson, “while serving as operator of the M/V
FRED JORGER, O.N. 642287, an uninspected towing vessel of more than 26 feet in
length, and acting under the authority of the above captioned license, did on May 6,
1998, wrongfully refuse to submit to a reasonable cause chemical test required by your
Marine Employer MEMCO Barge Line, Inc. of Cape Girardeau, Missouri. In that you submitted a urine sample that subsequently was found to have been adulterated, and thereby deemed a refusal by the Medical Review Officer.” [Trial Record (Tr.) at 8-13; Decision and Order (D&O) dated March 2, 1999, page 2]2 | Appeal No. 2625 | Suspension and Revocation Appeals Authority | 2/13/2002 | 2/13/2002 | | 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 | 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 | 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 | 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 | 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 | 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 | 2696 - CORSE | 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 Default Order dated October 15,2010, Bruce T. Smith, an Administrative
Law Judge (hereinafter "ALJ") of the United States Coast Guard, revoked the Merchant
Mariner License of Mr. Brandon Scott Corse (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 January 23,2010,
Respondent submitted to a reasonable suspicion drug test and provided a urine sample
that tested positive for the presence of marijuana metabolites. | Appeal No. 2696 | Suspension and Revocation Appeals Authority | 7/18/2011 | 7/18/2011 | | 11/27/2017 |
| 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 | 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 | 2695 - AILSWORTH | 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 August 31, 2009, Michael J.
Devine, an Administrative Law Judge (hereinafter "ALJ") of the United States Coast
Guard, at Norfolk, Virginia, revoked the merchant mariner license of Mr. William Dea
Ailsworth (hereinafter "Respondent"), upon finding proved one charge of negligence and
two charges of violation of law or regulation. The first specification found proved
alleged that on January 11 , 2009, Respondent, the master of a towing vessel, grounded a
listing barge, the SL-119, and then caused it to sink on January 12, 2009, by negligently
removing it from its beached position on the shore before remedying the cause of the list.
The second specification found proved alleged that Respondent violated 46 C.F.R.
§ 4.05-10 by failing to submit a marine casualty report to the Coast Guard within five
days of the sinking. The third specification found proved alleged that Respondent
violated 46 C.F.R. § 4.05-1 by failing to notify the Coast Guard immediately of an occurrence materially affecting a vessel's seaworthiness when he failed to immediately
notify the Coast Guard of the list that caused him to ground the SL-119. The ALJ
dismissed a fourth specification alleging that Respondent wrongfully failed to comply
with a subpoena to appear.
APPEARANCES: Michael L. Donner, Sr., Esq., Hubbard, Terry & Britt, P.C. 293
Steamboat Road, Irvington, VA, 22480, for Respondent. The Coast Guard was
represented by LT Candice Casavant, LT Aidan Van Cleef, and LT Maria Wiener, U.S.
Coast Guard Sector Hampton Roads, 200 Granby Street, Suite 700, Norfolk VA, 23518. | Appeal No. 2695 | Suspension and Revocation Appeals Authority | 6/14/2011 | 6/14/2011 | | 11/27/2017 |
| 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 | 2691 - JORY | 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 December 5, 2008, Judge
Bruce T. Smith, an Administrative Law Judge (hereinafter "ALJ") of the United States
Coast Guard at Mobile, Alabama, revoked the Merchant Mariner Credentials of Mr. Jack
Anthony Jory (hereinafter "Respondent") upon finding that the Coast Guard proved, by
substantial evidence, that Respondent was a security risk that posed a threat to the safety
or security of a vessel. The factual allegations supporting the Coast Guard's charge
allege that "[o]n November 3, 2008, the Respondent did threaten the life of Jeff
Cunningham, Master of the MN SEA FOX .. .in violation of 46 USCA 7703(5)."
FACTS AND PROCEDURE
At all times relevant herein, Respondent was the holder of the Coast Guard issued
Merchant Mariner Credentials at issue here. [D&O at 3; Coast Guard Exhibit 1] | Appeal No. 2691 | Suspension and Revocation Appeals Authority | 12/22/2010 | 12/22/2010 | | 11/27/2017 |
| 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 | 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 | 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 | 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 | 1804 - SOUZA | This appeal is taken in accordance with 46 CFR 137.25-15 from
an order of an Examiner at Long Beach, California, dated 1 October
1969, denying Appellant's petition to reopen a hearing terminated
by the Examiner's decision dated 25 September 1969, served on 26
September 1969. The petition to reopen the hearing tolled the
running of the 30 day period for filing appeal. 46 CFR
137.25-10(i). The petition was correctly addressed to the Examiner
who heard the case because no notice of appeal from his decision
had been filed. 46 CFR 137.25-1(b).
In considering this appeal from the Examiner's denial of the
petition to reopen, I will consider only the issue raised by the
petition. 46 CFR 137.25-15(a).
The hearing in this case was held with Appellant appearing
without counsel, after proper advice as to his right to counsel.
Two persons testified at the hearing, one a witness for the
Investigating Officer, the other Appellant himself in his own
behalf.
The petition to reopen submitted to the Examiner provided two
affidavits, one from the Investigating Officer's witness, and one from Appellant himself. There is an appearance that the affidavit
from the Investigating Officer's witness is in some respects
different from the testimony given before the Examiner.
It is obvious that Appellant's affidavit cannot contain newly
discovered evidence. What Appellant knows and can testify to now
he knew and could have testified to at the time of hearing. The
proferred testimony, by way of affidavit, of the witness who
appeared at the hearing, is said to be "newly discovered evidence"
because it was elicited only after "proper interrogation by an
attorney," while Appellant was unable to elect the answers at
hearing before the Examiner because he was not an attorney. | Appeal No. 1804 | Suspension and Revocation Appeals Authority | 7/24/1970 | 7/24/1970 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 2633 - MERRILL | This appeal is taken by the United States Coast Guard (Appellant) in accordance with 46 U.S.C. § 7702, 46 U.S.C. § 7704, 46 CFR § 5.701, and 33 CFR Part 20. By a Decision and Order dated November 1, 2000, an Administrative Law Judge (ALJ) of the United States Coast Guard at New Orleans, Louisiana dismissed Appellant’s complaint against Randal D. Merrill (Respondent) after finding not proved a violation of use of a dangerous drug as set forth in 46 U.S.C. § 7704. The ALJ determined that Respondent’s injury, discussed more fully below, could not be categorized as either a marine casualty or a serious marine incident and was, therefore, not within the scope of 46 CFR Part 16.1 Accordingly, the ALJ determined that Respondent’s employer lacked the authority to require Respondent to submit to a drug test. [Decision and Order (D&O) dated November 1, 2000, page 7] Although the hearing was completed and all evidence was presented and placed in the record, the ALJ did not consider evidence of Respondent’s positive test result after making his initial conclusion that Respondent’s sample did not fall within the scope of the Coast Guard’s drug testing regulations. Upon determining that “[t]he drug testing of Mr. Merrill on 11 November 1999 was not in accord with U.S. Coast Guard regulations for chemical testing of mariners as set forth in 46 CFR, Part 16” [D&O at 4], the ALJ summarily concluded his analysis and did not reach the penultimate issue of whether Respondent was a user of dangerous drugs.
PROCEDURAL HISTORY | Appeal No. 2633 | Suspension and Revocation Appeals Authority | 9/3/2002 | 9/3/2002 | | 11/28/2017 |
| Suspension and Revocation Appeals Authority | 2213 - RAINES | This appeal has ben taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 20 February 1979, an Administrative Law Judge
of the United States Coast Guard at New York, New York, after a
hearing at Philadelphia, Pennsylvania, on 12 February 1979, revoked
Appellant's document upon finding him guilty of misconduct. The
single specification of misconduct found proved alleges that
Appellant, while serving as wiper aboard SS SAN ANTONIO, under
authority of the captioned document, did, on 6 September 1977,
while said vessel was at sea, wrongfully assault and batter with
his fists a member of the crew, Harold C. Wolfe.
At the hearing, Appellant represented himself. Appellant
entered a plea of not guilty to the charge and specification.
The Investigating Officer introduced into evidence two
documents, including a copy of four pages of the official logbook
of SS SAN ANTONIO.
In defense, Appellant introduced into evidence two
certificates of discharge from vessels on which Appellant sailed
subsequent to his discharge from SS SAN ANTONIO.
Subsequent to the hearing, the Administrative Law Judge
entered a written decision in which he concluded that the charge
and specification as alleged had been proved. He then entered an order of revocation.
The decision was served on 3 March 1979. Appeal was timely
filed on 28 March 1979. | Appeal No. 2213 | Suspension and Revocation Appeals Authority | 5/23/1980 | 5/23/1980 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2313 - STAPLES | This appeal has ben taken in accordance with Title 46 U.S.C.
239(g) and 46 CFR 5.30-1.
By order dated 3 December 1981, an Administrative Law Judge of
the United States Coast Guard at Boston, Massachusetts revoked
Appellant's seaman's document upon finding him guilty of
misconduct. The specifications found proved allege that, while
serving as Second Pumpman on board the SS GULF OIL, O.N. 283424,
under authority of the above captioned Merchant Mariner's Document,
on or about 12 October 1981, Appellant did wrongfully assault and
batter by beating with fists, a member of the crew, the Chief
Engineer, Richard J. Driscoll; and, that Appellant, while serving
as aforesaid, did wrongfully assault the Third Assistant Engineer,
David W. Thunell by brandishing a fire axe and a pocketknife in a
threatening manner and offering to inflict bodily harm.
The hearing was held at Boston, Massachusetts on 3 December
1981.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and both specifications.
The Investigating Officer introduced two documents and the
testimony of two witnesses into evidence.
In defense, Appellant introduced seven documents and his own
testimony into evidence. | Appeal No. 2313 | Suspension and Revocation Appeals Authority | 5/22/1983 | 5/22/1983 | | 12/20/2017 |
| 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 | 2182 - WILLIAMS | This appeal has been taken in accordance with Title 48 United
States Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 2 August 1977, an Administrative Law Judge of
the United States Coast Guard at Boston, Massachusetts, after a
hearing at Boston, Massachusetts, on 31 May 1977, revoked
Appellant's document upon finding him guilty of misconduct. The
four specifications of the charge of misconduct found proved allege
(1) that Appellant while serving as Pumpman aboard SS AMERICAN
EAGLE, under authority of the captioned document, was, on or about
12 and 13 May 1977, under the influence of liquor on board said
vessel while at sea; (2) that Appellant, while serving as
aforesaid, did on or about 12 and 13 May 1977, disobey a lawful
order of the Master of said vessel, to wit, ship's standing order
number 7; (3) that Appellant, while serving as aforesaid, did, on
or about 12 May 1977, place his hand on the "private parts" of
cremember Cadet James Doherty; and (4) that Appellant, while
serving as aforesaid, did on or about 12 May 1977, make lewd and
obscene comments to a crewmember, Cadet James Doherty.
Appellant did not appear and was not represented at the
hearing, which was held in absentia.
The Investigating Officer introduced into evidence the
testimony of three witnesses, and eight documents.
Subsequent to the hearing, the Administrative Law Judge and all specification as alleged had been proved. He then entered
an order of revocation.
The decision was served on 28 November 1977. Appeal was
timely filed on 8 December 1977. | Appeal No. 2182 | Suspension and Revocation Appeals Authority | 2/22/1980 | 2/22/1980 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2120 - MCLAUGHLIN | This appeal has been taken in accordance with Title 46, United
States Code, Section 239b, and Title 46, Code of Federal
Regulations, Section 5.30-1.
By order dated 11 May 1977, an Administrative Law Judge of the
United States Coast Guard, at Tampa, Florida, revoked Appellant's
seaman documents upon finding him guilty of the charge of
"conviction of a narcotic drug law violation." The specification
found proved alleges that, while being the holder of the above
captioned document, on or about 7 June 1974, Appellant was
convicted of a violation of Florida Statute 893.13(1)(e) in the
Circuit Criminal Justice Court of Hillsborough County, Florida, for
violation of a narcotic drug law.
At the hearing, Appellant elected to act as his own counsel,
and entered a plea of guilty to the charge and specification.
The Investigating Officer introduced into evidence a certified
copy of the Judgement of conviction for a narcotic drug law
violation entered in Case No. 74-445 in the Circuit Criminal
Justice Court of Hillsborough County, Florida, dated 7 June 1974.
Following the introduction of the court records, Appellant
made a statement on his own behalf under oath.
At the end of the hearing, the Administrative Law Judge
rendered a decision in which he concluded that the charge and specification had been proved by plea. He then entered an order
revoking all documents issued to Appellant. | Appeal No. 2120 | Suspension and Revocation Appeals Authority | 4/19/1978 | 4/19/1978 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2263 - HESTER | This appeal has been taken in accordance with Title 46, United
States Code 239(g) and Title 46, Code of Federal Regulations
5.30-1.
By order dated 31 October 1979, an Administrative Law Judge of
the United States Coast Guard at San Francisco, California,
suspended Appellant's seaman's document for nine months, plus three
months on twelve months' probation, upon finding him guilty of
misconduct. four specifications were alleged to support the
amended charge:
First Specification: In that [Appellant], while serving as
able Bodied Seaman aboard SS TRANSCOLORADO under authority of the
captioned document, did not or about the 25th of February 1978,
while said vessel was in the port of Liverpool, England, wrongfully
assault and batter a fellow crewmember, Mr. Gerald R. Drayney.
Second Specification: In that [Appellant], while serving as
Able Seaman aboard the SS SANTA MARIA, under authority of the
captioned document did on or about 4 November 1978, while said
vessel was at sea, wrongfully fail to perform his duties properly
due to intoxication.
Third Specification: In that [Appellant], while serving on
the SS SANTA MARIA, did on or about 4 November 1978, fail to obey
a lawful order of the Master. | Appeal No. 2263 | Suspension and Revocation Appeals Authority | 9/8/1981 | 9/8/1981 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2262 - SHERMAN | This appeal has been taken in accordance with Title 46, United
States Code 239(g) and Title 46, Code of Federal Regulations
5.30-1.
By order dated 30 June 1980, an Administrative Law Judge of
the United States Coast Guard at Boston, Massachusetts, suspended
Appellant's license and document for two months, upon finding him
guilty of misconduct. The single specification found proved
alleges that while serving as Master on board the United States M/V
OCEAN PRINCE, O.N. 276461, under authority of the document and
license above captioned, on or about 1545, on 10 March 1980,
Appellant wrongfully failed to notify the nearest Marine Inspection
Office as soon as possible of the collision of the Tank Barge
HYGRADE 42, O.N. 515005 with the fender system of the Brightman
Street Bridge in the Taunton River, causing damage in excess of
fifteen hundred ($1500) dollars, as required by 46 CFR 4.05-1.
The hearing was held at Providence, Rhode Island, on 25 March
and 14 April 1980.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and specification. | Appeal No. 2262 | Suspension and Revocation Appeals Authority | 8/31/1981 | 8/31/1981 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2125 - COPLEY | This appeal has been taken in accordance with Title 46, United
States Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 6 July 1977, an Administrative Law Judge of the
United States Coast Guard at Long Beach, California revoked
Appellant's merchant mariner's document and Third Mate's License
upon finding him physically incompetent. The specification found
proved alleges that while serving as Mate aboard the United States
F/V ELSINORE under authority of the license above-captioned from 18
September 1976 until 28 October 1976 and on the date of the charge
sheet, Appellant was physically incompetent, in that he was not
possessed of the normal color sense.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced in evidence the testimony
of Honesto S. TAJUNA, First Class Hospital Corpsman, USCG. He also
introduced documentary exhibits as follows: Exhibits 1A and 1B
(excerpts from Coast Guard Medical Manual, (CG-294) Section 3C,
pages 43 and 44); exhibits 3A and 3B (SF FORM 88, Report of Medical
Examination for Appellant dated 31 August 1976). | Appeal No. 2125 | Suspension and Revocation Appeals Authority | 6/20/1978 | 6/20/1978 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2288 - GAYNEAUX | This appeal has been taken in accordance with Title 46, United
States Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 10 February 1982, and Administrative Law Judge
of the United States Coast Guard at Galveston, Texas suspended
Appellant's license and Merchant Mariner's Document for one month
plus an additional two months on twelve months' probation upon
finding him guilty of negligence. The specification found proved
alleges that, while serving as operator of the M/V OSASGE, under
authority of the documents above captioned, on or about 17 October
1981, the Appellant failed to properly navigate said vessel within
the confines of the Gulf Intracoastal Waterway, resulting in damage
to an aid to navigation, at or near North Deer Island, near mile
360 and the Galveston Freeport Intracoastal Waterway Range F, front
light.
By separate order of 17 February 1982, the Administrative Law
Judge authorized a temporary license and document pending
disposition of the appeal. Issuance pursuant to this order was
effected by the Marine Inspection Office, U.S. Coast Guard, Port
Arthur, Texas on 17 February 1982. | Appeal No. 2288 | Suspension and Revocation Appeals Authority | 2/24/1983 | 2/24/1983 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2353 - EDGELL | This appeal has been taken in accordance with Title 46, United
States Code 239(g) and 46 CFR 5.30-1.
By order dated 22 February 1983, an Administrative Law Judge
of the United States Coast Guard at New Orleans, Louisiana
suspended Appellant's seaman's document for three months on twelve
months' probation, upon finding him guilty of misconduct. The
specification found proved alleges that while serving as Qualified
Member of the Engine Department (QMED) on board the SS DELTA NORTE,
under authority of the document above captioned, on or about 27
December 1982, Appellant did wrongfully engage in mutual combat
with a fellow crewmember.
The hearing was held at New Orleans, Louisiana 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 in evidence five exhibits
and the testimony of two witnesses.
In defense, Appellant offered in evidence two exhibits and his
own testimony. | Appeal No. 2353 | Suspension and Revocation Appeals Authority | 6/4/1984 | 6/4/1984 | | 12/20/2017 |
| 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 | 2252 - BOYCE | This appeal has been taken in accordance with Title 46
U.S.C.239(g) and 46 CFR 5.30-1.
By order dated 12 October 1979, an Administrative Law Judge of
the United States Coast Guard at New York, New York, revoked
Appellant's seaman's document upon finding him guilty of
misconduct. The specification found proved alleged that while
serving as Able Bodied Seaman on board SS AMERICAN CHARGER under
authority of the document above captioned, on or about 16 October
1978, Appellant, while said vessel was in the port of San Diego,
California, wrongfully had in his possession narcotics.
The hearing was held at New York, New York on 3 January and
continued through 9 August 1979.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced in evidence the testimony
of one witness, a deposition, and three documentary exhibits.
In defense, Appellant offered no evidence, but did submit a
Memorandum of Law.
After the hearing, the Administrative Law Judge rendered a
written decision in which he concluded that the charge and specification had been proved. He then served a written order on
Appellant revoking all documents issued to Appellant.
The entire decision was served on 15 October 1979. Appeal was
timely filed on 9 November 1979 and perfected on 7 February 1980. | Appeal No. 2252 | Suspension and Revocation Appeals Authority | 6/10/1981 | 6/10/1981 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2116 - BAGGETT | This appeal has been taken in accordance with Title 46 United
States Code 239b and Title 46 Code of Federal Regulations 5.30-1.
By order dated 8 November 1976, an Administrative Law Judge of
the United States Coast Guard at Norfolk, Virginia admonished
Appellant upon finding him guilty of negligence. The specification
found proved alleges that while serving as a First Class Pilot on
board the SS PHILLIPS WASHINGTON under authority of the license
captioned above, on or about 31 January 1976, Appellant failed to
keep clear of overtaken vessels as required by the Inland Rules of
the Road, thereby contributing to a collision between SS PHILLIPS
WASHINGTON, the tug D.T. SHERIDAN, and the barge SEA STAR.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced in evidence the testimony
of four witnesses and eighteen documentary exhibits.
In defense, Appellant offered in evidence his own testimony,
the testimony of seven witnesses and seven documentary exhibits. | Appeal No. 2116 | Suspension and Revocation Appeals Authority | 4/11/1978 | 4/11/1978 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2179 - COOPER | This appeal has been taken in accordance with Title 46 United
States code 239b and Title 46 Code of Federal Regulations 5.30-1.
By order dated 8 December 1977, an Administrative Law Judge of
the United States Coast Guard at New York, New York, after a
hearing at New York, New York, on 8 and 26 September and 3 and 18
October 1977, revoked Appellant's document upon finding him guilty
of conviction for a narcotic drug law violation. The specification
found proved alleges that Appellant was convicted on 22 February
1977, in the criminal court of the City of New York, a court of
record, of a violation of the Narcotic Drug Laws of the State of
New York, to wit, section 220.03 of the Penal Law of the State of
New York.
At the hearing, Appellant was represented by professional
counsel. Appellant entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced into evidence four
documents.
Appellant offered no evidence in defense.
On 8 December 1977, the Administrative Law Judge entered a
written decision in which he concluded that the charge and
specification as alleged had been proved. He then entered an order
of revocation. | Appeal No. 2179 | Suspension and Revocation Appeals Authority | 1/3/1980 | 1/3/1980 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2208 - ROGERS | This appeal has been taken in accordance with Title 46 United
States Code 239b and Title 46 Code of Federal Regulations 5.30-1.
By order dated 4 January 1979, an Administrative Law Judge of
the United States Coast Guard at Jacksonville, Florida, after a
hearing at Miami, Florida, on 21 November 1978, revoked Appellant's
license upon finding hum guilty of conviction for a Narcotic Drug
Law violation. The specification found proved alleges that
Appellant,while the holder of the captioned document, was convicted
on 23 November 1977, of possession of narcotics, to wit, marijuana,
by the Hampton District Court, Hampton, New Hampshire.
At the hearing, Appellant was represented by professional
counsel. Appellant entered a plea of not guilty to the charge and
specification.
The Investigation Officer introduced into evidence one
document.
In defense, Appellant introduced into evidence one document.
Subsequent to the hearing, the Administrative Law Judge entered a written decision in which he concluded that the charge
and specification as alleged had been proved. He then entered an
order of revocation.
The written decision was served on 27 January 1979. Appeal
was timely filed on 22 January 1979, and perfected on 2 April 1979. | Appeal No. 2208 | Suspension and Revocation Appeals Authority | 5/20/1980 | 5/20/1980 | | 12/21/2017 |