| Suspension and Revocation Appeals Authority | 2530 - GULLEY | This appeal has been taken in accordance with 46 U. S. C.
7702 and 46 C. F. R. 5.701.
By an order dated 8 January 1990, an Administrative Law Judge
of the United States Coast Guard at New York, New York revoked
Appellant's Merchant Mariner's Document upon finding proved the
charge of use of dangerous drugs. The single specification
supporting the charge alleged that, on or about 9 February 1990,
Appellant was tested and found to be a user of a dangerous drug, to
wit: cocaine.
The hearing was held at New York, New York on 30 October 1990.
The Investigating Officer introduced one exhibit into evidence and
introduced the testimony of one witness. Appellant appeared
prose and testified in his own behalf. Appellant entered
a response of "deny" to the charge and specification as provided in
46 C. F. R. 5.527.
The Administrative Law Judge's written order revoking
Appellant's Merchant Mariner's Document was entered on 8 January
1990 (It is noted that this is an administrative error. The date
should read "1991"). The decision and order was served on
Appellant on 17 January 1991. Appellant filed a notice of appeal
on 11 February 1991. Upon request, a transcript of the proceedings
was served on Appellant on 8 April 1991. Appellant submitted a
brief on 17 June 1991, having received an extension of the filing
deadline. Accordingly, this matter is properly before the Commandant for review. | Appeal No. 2530 | Suspension and Revocation Appeals Authority | 11/8/1991 | 11/8/1991 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2529 - WILLIAMS | This appeal has been taken in accordance with 46 U.S.C. 7702
and 46 C.F.R. 5.701.
By an order dated 7 November 1990, an Administrative Law Judge
of the United States Coast Guard at Seattle, Washington revoked
Appellant's License and Merchant Mariner's Document upon finding
proved the charge of use of dangerous drugs. The single
specification supporting the charge alleged that, on or about 8
February 1990, Appellant had marijuana metabolites present in his
body in the City of Seattle at, or in the vicinity of, Ballard
Hospital, as was revealed through a drug screening test.
The hearing was held at Seattle, Washington, on 10 August
1990. Appellant was represented by professional counsel.
Appellant entered a response of denying the charge and
specification as provided in 46 C.F.R. 5.527. The Investigating
Officer introduced three exhibits into evidence and two witnesses
testified at his request. One exhibit was introduced by the
Administrative Law Judge. Appellant introduced three exhibits into
evidence and four witnesses testified on his behalf. Appellant
also testified on his own behalf. The Administrative Law Judge's
final order revoking all licenses and documents issued to Appellant | Appeal No. 2529 | Suspension and Revocation Appeals Authority | 9/9/1991 | 9/9/1991 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2528 - LUCAS | This appeal has been taken in accordance with 46 U.S.C. 7702
and 46 C.F.R. 5.701.
By an order dated 5 October 1990, an Administrative Law Judge
of the United States Coast Guard at Houston, Texas, suspended
Appellant's License outright for three months with an additional
suspension of six months remitted on six months probation upon
finding proved the charge of violation of law. The charge was
supported by two specifications of violating Rules 15 and 16 of the
Inland Navigation Rules (33 U.S.C. 2015, 2016)(hereafter
"Rules").
The specifications found proved allege that Appellant, while
the operator of the M/V LORIDIA DUFRENE and tow under the authority
of the above-captioned license, did, on or about 29 May 1990,
violate Rule 15 and 16, causing a collision with the M/V CAPTAIN
HENRY INMAN and tow. | Appeal No. 2528 | Suspension and Revocation Appeals Authority | 7/30/1991 | 7/30/1991 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2527 - GEORGE | This appeal has been taken in accordance with 46 U.S.C. 7702
and 46 C.F.R. 5.701.
By an order dated 14 November 1990, an Administrative Law
Judge of the United States Coast Guard at Jacksonville, Florida
revoked Appellant's Merchant Mariner's License and Document for use
of a dangerous drug. Appellant was charged with the use of
dangerous drugs supported by a single specification alleging that
Appellant, while the holder of the above-captioned document, did
wrongfully use cocaine as evidenced in a urine specimen collected
on 14 August 1989 which subsequently tested as positive for the
presence of cocaine metabolite. The hearing was held on 11, 12 and
26 April 1990 at Miami, Florida. Appellant appeared at the
hearings and was represented by professional counsel with the
exception that Appellant was absent from part of the hearing on 11
April 1989. At his request, the hearing continued in
absentia with Appellant represented by his counsel.
The Investigating Officer presented 17 exhibits, including the
deposition of one witness, which were admitted into evidence and
introduced the testimony of three witnesses. Appellant presented
17 exhibits which were admitted into evidence, introduced the
testimony of two witnesses, and testified in his own behalf.
Appellant entered the answer of deny to the charge and
specification.
The Administrative Law Judge's written Order was issued on 14
November 1990. Appellant filed his notice of appeal on 7 December
1990 within the time period prescribed in 46 C.F.R. 5.703.
Following receipt of the transcript of the proceedings on 31
December 1990, Appellant timely filed a supporting brief on 19
February 1991, having received an extension of the filing deadline.
Accordingly, this matter is properly before the Commandant for | Appeal No. 2527 | Suspension and Revocation Appeals Authority | 5/11/1991 | 5/11/1991 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2524 - TAYLOR | This appeal has been taken in accordance with 46 U.S.C. SS7702
and 46 CFR SS5.701.
By an order dated 30 November 1990, an Administrative Law Judge
of the United States Coast Guard at Norfolk, Virginia revoked
Appellant's Merchant Mariner's Document for negligence, violation of
law and misconduct.
Appellant was charged with negligence supported by a single
specification alleging that he negligently failed to properly navigate
his vessel, causing an allision with a bridge.
Appellant was also charged with violation of law supported by a
single specification alleging that he wrongfully discharged oil into a
navigable water.
Appellant was also charged with misconduct supported by twelve
specifications alleging that Appellant wrongfully served in the
capacity of towing vessel operator while his license was under
suspension from a previous order of the Administrative Law Judge.
The hearing was held on 5, 7, and 11 September 1990. Appellant,
represented by professional counsel, was present at the proceedings.
The Investigating Officer offered into evidence twelve exhibits and
introduced the testimony of nine witnesses. Appellant offered into
evidence two exhibits and introduced the testimony of two witnesses. | Appeal No. 2524 | Suspension and Revocation Appeals Authority | 5/9/1991 | 5/9/1991 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2523 - BRACKEN | This appeal has been taken in accordance with 46 U.S.C. SS7702
and 46 CFR SS5.701.
By an order dated 2 July 1990, an Administrative Law Judge of the
United States Coast Guard at Tampa, Florida suspended Appellant's
license and any documents issued for one month, remitted on three
months probation, having found proved the charge of misconduct.
The specification supporting the charge of misconduct alleges
that Appellant, while serving under the authority of the abovecaptioned
license as master of the tug M/V BELCHER PORT EVERGLADES,
O.N. 636207, did, on 8 January 1990, wrongfully fail to report as soon
as possible the grounding of barge BELCHER 101 (which said tug was
towing) as required in 46 C.F.R. 4.05-1(a).
The hearing was held at Tampa, Florida on 12 February and 30
March 1990. Appellant was not present at the initial session but was
present at the subsequent session. Appellant was represented at both
sessions by professional counsel. At the hearing, Appellant entered
an answer of "deny" to the charge and specification. | Appeal No. 2523 | Suspension and Revocation Appeals Authority | 5/7/1991 | 5/7/1991 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2525 - ADAMS | This appeal has been taken in accordance with 46 U.S.C. 7702 and
46 CFR 5.701.
By an order dated 20 March 1990, an Administrative Law Judge of
the United States Coast Guard at New Orleans, Louisiana revoked
Appellant's Merchant Mariner's Document upon finding proved the charge
and specification of misconduct for possession of a controlled
substance, marijuana.
The specification found proved alleges that Appellant, while
serving under the authority of his above-captioned document as seaman
on board the M/V GOLDEN ENDEAVOR, a merchant vessel of the United
States, did, on 26 October 1988, wrongfully possess a controlled
substance Appellant submitted an answer of deny to the charge and
specification.
The Investigating Officer presented the sworn testimony of one
witness and two stipulations of expected testimony. In addition, two
exhibits were admitted into evidence on behalf of the Investigating
Officer. Appellant presented the sworn testimony on one witness and
testified under oath in his own defense. In addition, one exhibit was
admitted into evidence on behalf of Appellant. Upon finding proved
the charge and specification of misconduct, the Administrative Law
Judge revoked Appellant's document. | Appeal No. 2525 | Suspension and Revocation Appeals Authority | 5/6/1991 | 5/6/1991 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2526 - WILCOX | This appeal has been taken in accordance with 46 U.S.C. SS7702
and 46 CFR SS5.701.
By an order dated 17 October 1990, an Administrative law Judge of
the United States Coast Guard at Seattle, Washington revoked
Appellant's Merchant Mariner's Document upon finding proved the charge
and specification of violating 46 U.S.C. SS7704 by using a controlled
substance, marijuana. The specification found proved alleges that
Appellant, while the holder of the above-captioned document, did, on
or about 15 May 1990 have marijuana metabolite present in his body as
revealed through a drug screening test. Appellant submitted an answer
of no contest to the charge and specification.
The Administrative Law Judge fully advised Appellant and his
counsel that an answer of no contest is the same as an admission in
that the Investigating Officer is relieved of the burden of proving
the allegation. [TR 10-11]. Accordingly, the Administrative Law
Judge found the charge and specification proved and entered an order
of revocation.
Appellant testified under oath in matters of extenuation and
mitigation. Appellant filed a notice of appeal on 20 November 1990
and received the transcript of the proceedings on 11 December 1990.
Upon receiving a filing extension, Appellant timely filed a supporting
brief on 21 February 1991. Accordingly, this matter is properly
before the Commandant for disposition. | Appeal No. 2526 | Suspension and Revocation Appeals Authority | 5/6/1991 | 5/6/1991 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2522 - JENKINS | By an order dated 2 April 1990, an Administrative Law Judge of
the United States Coast Guard at Alameda, California revoked
Appellant's Merchant Mariner's Document for use of a dangerous drug.
Appellant was charged with the use of dangerous drugs supported
by a single specification alleging that Appellant, while the holder of
the above-captioned document, did wrongfully use cocaine as evidenced
in a urine specimen collected on 27 July 1989 which subsequently
tested as positive for the presence of cocaine metabolite.
The hearing was held on 29 September, 5 October and 15 November
1989, and on 25, 26, 30, and 31 January 1990 and 9 February 1990.
Appellant was absent at the 29 September and 15 November 1989
sessions. Appellant appeared at the 5 October 1989 session and at the
sessions held in January and February 1990 and was represented by
professional counsel. The Investigating Officer presented 27 exhibits
which were admitted into evidence and introduced the testimony of six
witnesses, and testified in his own behalf. Appellant entered the
answer of deny to the charge and specification. | Appeal No. 2522 | Suspension and Revocation Appeals Authority | 3/26/1991 | 3/26/1991 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2521 - FRYER | This appeal has been taken in accordance with 46 U.S.C. SS7702
and 46 CFR SS5.701.
By his order dated 17 August 1990, an Administrative Law Judge
for the United States Coast Guard at Tampa, Florida suspended
Appellant's license for six months, remitted on twelve months
probation, having found proved the charges of misconduct and violation
of law.
The specification supporting the charge of misconduct alleged
that Appellant, while serving under the authority of the abovecaptioned
license as operator of the M/V PRINCESS XANADU OF MONACO
(M/V PRINCESS XANADU) on 3 February 1990, operated said vessel without
a Certificate of Inspection while carrying more than six passengers.
The specification supporting the charge of violation of law
alleges that Appellant, on 3 February 1990, operated the M/V PRINCESS
XANADU in the coastwise trade. The vessel has a Certificate of
Documentation endorsed only for pleasure.
The hearing was held at Tampa, Florida on 19 and 20 April 1990 and
on 10 May 1990. Appellant was represented at the hearing by professional counsel. At the hearing, Appellant entered an answer of
"deny" to the charges and specifications. | Appeal No. 2521 | Suspension and Revocation Appeals Authority | 2/15/1991 | 2/15/1991 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2519 - JEPSON | This appeal has been taken in accordance with 46 U.S.C. 7702 and
46 CFR 5.701.
By an order dated 30 march 1990, an Administrative Law Judge of
the United States Coast Guard at Long Beach, California suspended
Appellant's Merchant Mariner's License outright for six months with an
additional six months suspension remitted on twelve months probation.
Appellant was charged with negligence supported by five
specifications. The charge and specifications two and three were
found proved. Specifications four and five were withdrawn by the
Investigating Officer. Specification one was found not proved and was
dismissed.
Specification two alleged, as amended, that Appellant, while
serving aboard the M/V LITTLE BELLE, under the authority of the abovecaptioned
license, did, on or about 28 March 1989, operate the vessel
on the Colorado River, Bullhead City, Arizona, and negligently failed
to take positive, timely action to avoid collision with the unnamed
motorboat, AZ 2088C(motorboat), in violation of 33 U.S.C. 2008 (Rule
8), Inland Navigational Rules of the Road. | Appeal No. 2519 | Suspension and Revocation Appeals Authority | 2/7/1991 | 2/7/1991 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2520 - DAVIS | This appeal has been taken in accordance with 46 U.S.C. SS7702
and 46 CFR SS5.701.
By order dated 24 July 1990, an Administrative Law Judge of the
United States Coast Guard at Long Beach, California, suspended
Appellant's Merchant Mariner's License outright for three months with
an additional suspension of six months remitted on 12 months
probation. This order was issued upon finding proved a charge of
negligence supported by a single specification.
The charge alleged that Appellant, while serving under the
authority of his license as master of the S/V TEREGRAM, did, on or
about 17 May 1990, fail to ensure that all passengers were onboard the
vessel upon departure from Molokini /crater, Hawaii, thereby leaving
one passenger in the water. The hearing was held at Honolulu, Hawaii
on 12 June 1990.
Appellant appeared at the hearing and was represented by
professional counsel. Appellant entered, in accordance with 46 C.F.R.
SS5.527(a), an answer of deny to the charge and specification. | Appeal No. 2520 | Suspension and Revocation Appeals Authority | 2/7/1991 | 2/7/1991 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2517 - BURRUS | This appeal has been taken in accordance with 46 U.S.C. SS7702
and 46 CFR SS5.701, 5.607.
By an order dated 7 August 1987, an Administrative Law Judge of
the United States Coast Guard at Norfolk, Virginia, revoked Appellant's
Merchant Mariner's Document upon finding proved the charge of
misconduct. The specification supporting the charge of misconduct
alleged that Appellant, while serving under the authority of his
above-captioned document aboard the USNS ALTAIR, did, while the vessel
was at anchor on 6 April 1987, wrongfully assault and batter a member
of the crew with his fists and a broken plate.
The hearing was held at Norfolk, Virginia, on 5 May 1987.
Appellant appeared pro se at the hearing and entered a
response of deny to the charge and specification. The Investigating
Officer presented seven exhibits which were admitted into evidence and
produced the testimony of seven witnesses. Appellant testified in his
own behalf.
The order revoking appellant's document was issued in writing by
the Administrative Law Judge on 6 May 1987. The record does not
indicate when the order was served on appellant. However, Appellant's
Notice of Appeal, Addendum and Brief, and Request for Transcript were
received by the Administrative Law Judge on 1 June, 1987. Appellant's
request for an extension of time in which to file a brief and second request for a transcript were received by the Administrative Law Judge
on 29 June, 1987, and the record indicates that the Decision and Order
was served on appellant on that date. | Appeal No. 2517 | Suspension and Revocation Appeals Authority | 2/6/1991 | 2/6/1991 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2518 - HENNARD | This Appeal has been taken in accordance with 46 U.S.C. 7702
and 46 C.F.R. 5.701.
By an order dated 17 October 1989, an Administrative Law Judge
of the United States Coast Guard at Houston, Texas, revoked
Appellant's Merchant Mariner's Document, having found proved the
charges of misconduct and use of dangerous drugs. The charge
relating to dangerous drug use was supported by a single
specification alleging that Appellant, under the authority of the
above-captioned merchant mariner's document, was on 1 June 1989
found to be a user of dangerous drugs, to wit: marijuana, as a
result of a drug screen test conducted by the Institute of Forensic
Sciences Toxicology Laboratory in Oakland, California. The charge
of misconduct was supported by a single specification which alleged
that Appellant, while serving aboard the M/V GREEN WAVE, under the
authority of the above-captioned document, did, on or about 11 May
1989, wrongfully have marijuana in his possession. The hearing was
held at Houston, Texas on 3 August 1989. Appellant was represented
by professional counsel and entered a response of admit to the two
charges and accompanying specifications.
The Investigating Office introduced in evidence nine exhibits.
As a result of Appellant's formal admissions, the Investigating
Officer did not call any of the three witnesses he would otherwise
have called. A summary of the proposed testimony of the witnesses
was entered into the record. For the purpose of showing
rehabilitation, Appellant introduced in evidence one exhibit, the
testimony of one witness, and his own testimony. | Appeal No. 2518 | Suspension and Revocation Appeals Authority | 2/6/1991 | 2/6/1991 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2534 - AILSWORTH | This motion for a stay of the order of the Vice Commandant in
Appeal Decision 2532 (AILSWORTH) has been taken
pursuant to 46 C.F.R. 5.715.
BACKGROUND
Appellant's license was suspended by an Administrative Law
Judge at Norfolk, Virginia by decisions dated 22 January 1990 and
8 February 1990 and an errata order dated 15 February 1990.
Appellant was charged with negligence in failing to control the
movement of his towing vessel, M/V MILDRED A. and tow, resulting
in an allision with a pier. Appellant was also charged with misconduct in failing to become familiar with his vessel's
characteristics as required in 46 C.F.R. 15.405. Both charges
were found proved and Appellant's license was suspended outright
for twelve months.
Appellant requested issuance of a temporary license pending
appeal to the Vice Commandant. This request was improperly
denied by the Administrative Law Judge. By an order of 3 May
1990, the Vice Commandant vacated the Administrative Law Judge's
denial, instructing that Appellant be issued a temporary license.
See, Appeal Decision 2499 (AILSWORTH).
Appellant subsequently appealed the Administrative Law
Judge's decision and order suspending his license outright for
twelve months. Upon review, the Vice Commandant affirmed the
decision and order of the Administrative Law Judge on 2 December
1991. See, Appeal Decision 2532 (AILSWORTH). | Appeal No. 2534 | Suspension and Revocation Appeals Authority | 2/5/1991 | 2/5/1991 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2515 - COUSINS | This appeal has been taken in accordance with 46 U.S.C. SS7702
and 46 CFR SS5.701.
By an order dated 16 October 1989, an Administrative Law Judge of
the United States Coast Guard at Seattle, Washington, suspended
Appellant's Merchant Mariner's License outright for a period of nine
months upon finding proved the charge of negligence. The charge was
supported by one specification which was found proved. The
specification alleged that Appellant, while serving as third mate
under the authority of the captioned license, on board the T/S EXXON
VALDEZ, on or about 23 March 1989, at approximately 2355 and on or
about 24 March 1989, at approximately 0002 while the vessel was in
Prince William Sound, Alaska, failed to maintain an accurate record of
the vessel's position, and failed to ensure steering commands to
return the vessel to the Prince William Sound Traffic Separation
Scheme were executed in a timely manner, thereby placing the vessel in
danger of grounding.
The hearing was held at Seattle, Washington on 5 October 1989.
Appellant appeared at the hearing and was represented by professional
counsel. Appellant entered, in accordance with 46 C.F.R. SS5.527(b),
an answer of no contest to the charge and specification. | Appeal No. 2515 | Suspension and Revocation Appeals Authority | 10/28/1990 | 10/28/1990 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2516 - ESTRADA | This appeal has been taken in accordance with 46 U.S.C. SS7702
and 46 CFR SS5.701.
By order dated 27 October 1989, an Administrative Law Judge of the
United States Coast Guard at San Juan, Puerto Rico, suspended
Appellant's Merchant Mariner's License and Document for five months
remitted on 10 months probation. This order was issued upon finding
proved a charge of negligence supported by a single specification.
The charge alleged that Appellant, while serving under the
authority of his license and document as pilot aboard the S/S SEALAND
DISCOVERY, did, on or about 28 July 1988, fail to safely navigate
within San Juan Harbor Channel, thereby causing the S/S SEALAND
DISCOVERY to run aground.
The hearing was held at San Juan, Puerto Rico on 22 and 23
September 1989.
Appellant appeared at the hearing and was represented by
professional counsel. Appellant entered, in accordance with 46 C.F.R.
SS5.527(a), an answer of deny to the charge and specification.
The Investigating Officer introduced in evidence 12 exhibits and
called four witnesses. | Appeal No. 2516 | Suspension and Revocation Appeals Authority | 10/24/1990 | 10/24/1990 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2514 - NILSEN | This appeal has been taken in accordance with 46 U.S.C. 7702 and
46 CFR 5.701, 5.607.
By an order dated 14 December 1988, an Administrative Law Judge
of the United States Coast Guard at Norfolk, Virginia, revoked
Appellant's Merchant Mariner's Document upon finding proved the charge
of incompetence. The specification supporting the charge of
incompetence alleged that Appellant, while serving under the authority
of his above-captioned document aboard the USNS INVINCIBLE, did, while
at sea on 5 August 1988, attempt to commit suicide by slashing his
arms with a razor blade.
Hearings were held in absentia under the provisions of 46
C.F.R. 515.5(a) at Portsmouth, Virginia on 6 October 1988, and at
Norfolk, Virginia on 7 November 1988, and 16 November 1988. The
Investigating Officer introduced the testimony of four witnesses and
seven exhibits into evidence. The Administrative Law Judge introduced
ten exhibits into evidence, including two submitted by the Appellant
by mail. The Administrative Law Judge issued an Order of Revocation
on 25 November 1988, and a final Decision and Order on 14 December
1988. Subsequent to the Order of Revocation, on 28 November 1988,
Appellant filed a pro se request for "retrial and appeal" with the
Commandant, which was forwarded to the Administrative Law Judge. This
submission is sufficiently detailed to be considered a concurrent
Notice of Appeal and Brief. The Administrative Law Judge denied
Appellant's request to reopen the hearing in an order dated 5 January
1989 and on the same day forwarded Appellant's notice of appeal of the Order of Revocation of 25 November 1988, to the Commandant. | Appeal No. 2514 | Suspension and Revocation Appeals Authority | 10/12/1990 | 10/12/1990 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2513 - PULSIFER | This appeal has been taken in accordance with 46 U.S.C. 7702 and
46 C.F.R. 5.701.
By an order dated 22 May 1989, an Administrative Law Judge of the
United States Coast Guard at Norfolk, Virginia suspended Appellant's
Merchant Mariner's License and Document for one month remitted on six
months probation. This order supplemented the written decision of the
Administrative Law Judge dated Norfolk, Virginia, on 4 May 1989.
PULSIFER
Appellant was charged with negligence supported by two
specifications. This charge and both specifications were dismissed by
the Administrative Law Judge. (Specification one was found not proved
and dismissed, Specification two was dismissed for vagueness).
Appellant was also charged with misconduct supported by four
specifications. The charge and specification two were found proved.
Specification one was withdrawn by the Investigating Officer.
Specifications three and four were found not proved and were
dismissed.
The specification found proved alleged that Appellant, while
serving aboard the USNS CAPELLA, under the authority of his license
and document, did, on 17 November 1988, operate the vessel in the
Chesapeake Bay Regulated Navigational Area, with impaired
maneuverability, without the authorization of the Captain of the Port,
in violation of 33 C.F.R. 165.501(c)(6)(i)(B) (1988)1.
The hearing was held at Norfolk, Virginia on
20 and 21 December 1988. The Administrative Law Judge issued a
written decision on 4 May 1989 based on the substance of that hearing.
An additional session was held on 19 May 1989 at Norfolk, Virginia, at
which time the Administrative Law Judge issued the order suspending
Appellant's license for one month remitted on six months probation. | Appeal No. 2513 | Suspension and Revocation Appeals Authority | 10/8/1990 | 10/8/1990 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2512 - OLIVO | This appeal has been taken in accordance with 46 U.S.C. SS7702
and 46 CFR SS5.701.
By an order dated 21 April 1989, an Administrative Law Judge of
the United States Coast Guard at Long Beach, California, suspended
Appellant's Merchant Mariner's Document outright for six months and an
additional six months, remitted on twelve months probation, upon
finding proved the charge of misconduct. The charge was supported by
two specifications which were found proved. An additional
specification was dismissed by the Administrative Law Judge.
The first specification alleges that Appellant, under the
authority of the above captioned document, was, on or about 20 January
1989, wrongfully under the influence of alcohol while aboard the M/V
EXXON YORKTOWN in violation of 33 C.F.R. SS95.045(b).
The second specification alleges that at the same time and date
aforementioned, Appellant was in wrongful possession of certain
alcoholic beverages. This specification was dismissed by the
Administrative Law Judge.
The third specification alleges that at the same time and date
aforementioned, Appellant wrongfully assaulted and battered the second
officer of the M/V EXXON YORKTOWN, Jorge Viso, by beating him with his
fists.
The hearing was held at Long Beach, California on 12 April 1989. | Appeal No. 2512 | Suspension and Revocation Appeals Authority | 10/5/1990 | 10/5/1990 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2506 - SYVERTSEN | This appeal has been taken in accordance with 46 U.S.C. 7702 and
46 C.F.R. 5.701.
By an order dated 8 June 1989, an Administrative Law Judge of
the United States Coast Guard at New York City, New York, suspended
Appellant's First Class Pilot License for a period of two months
remitted on four months probation upon finding proved the charge of
negligence. The single specification supporting the charge alleged
that on 9 May 1988, Appellant, while serving as Pilot on board the M/V
OMI HUDSON under the authority of his above-captioned License, did
fail to keep a safe distance while overtaking the M/V EASTERN SUN,
resulting in a collision between the M/V OMI HUDSON and the M/V
EASTERN SUN approximately four miles north of the Tappan Zee Bridge on
the Hudson River.
The hearing was held on July 21 and July 22, 1988, at New York,
New York. Appellant was represented by professional counsel and
entered a response of DENIAL to the charge and the specification.
During the hearing the Administrative Law Judge heard six
witnesses an admitted twenty-two exhibits. At the conclusion of the hearing the Administrative Law Judge reserved decision. The complete
Decision and Order was issued on 8 June 1989, and served on Appellant
on 12 June 1989. Appellant perfected his appeal by filing his appeal
with the Commandant on 17 August 1989. | Appeal No. 2506 | Suspension and Revocation Appeals Authority | 9/6/1990 | 9/6/1990 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2507 - WEIS | This appeal has been taken in accordance with 46 U.S.C. SS7702
and 46 CFR SS5.701.
By an order dated 3 February 1989, an Administrative Law Judge of
the United States Coast Guard at Houston, Texas ordered an outright
suspension, for one month, of Appellant's license and merchant
mariner's document, to be followed by a two month suspension of his
documents on six months probation. The single specification
supporting the charge of misconduct alleged that Appellant, while
serving as Master aboard the S/S OMI CHARGER under the authority of
the captioned documents, did, from 23 December 1987 to 23 April 1988,
fail to lower to the water lifeboat number 1 at least once in each
three-month period in violation of 46 C.F.R. SS35.10-5(e)(5). The
hearing was held at Port Arthur, Texas, on 8 September 1988, and
Appellant was represented by professional counsel. Heard earlier that
day was the case of Captain Steven Fox, who was Appellant's successor
as Master of the S/S OMI CHARGER. After the close of the Fox hearing
and at the commencement of the Weis hearing, it was stipulated by and
between Appellant's counsel and the Senior Investigating Officer that
the transcripts of both hearings would apply to each case, including
all witnesses and exhibits, and that they would be essentially tried
in joinder. These stipulations were accepted partly because it was
the same vessel and the same counsel representing both the Appellant
and Captain Fox.
As a result of the stipulation, the Appellant introduced into
evidence ten exhibits and the testimony of five witnesses. Appellant entered a response of DENIAL to the charge and specification as
provided in 46 C.F.R. 5.527. The Senior Investigating Officer
introduced seven exhibits which were admitted into evidence and the
testimony of one witness. | Appeal No. 2507 | Suspension and Revocation Appeals Authority | 9/6/1990 | 9/6/1990 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2509 - BRYANT | This appeal has been taken in accordance with 46 U.S.C. SS7702
and 46 CFR SS5.701.
By an order dated 13 December 1989, an Administrative Law Judge
of the United States Coast Guard at Miami, Florida suspended
Appellant's Merchant Mariner's License outright for 3 months plus an
additional suspension of 8 months remitted on 12 months probation upon
finding proved the charge of misconduct supported by 4 specifications.
The 4 supporting specifications alleged that, at various times in
1988 and 1989, Appellant misrepresented his qualifications which were
required in order to obtain a first class pilotage endorsement in U.S.
navigable waters. A fifth specification was dismissed upon the motion
of the Investigating Officer. The incidents occurred at Coast Guard
Regional Examination Centers (RECs) in Miami, Florida; Houston, Texas;
and New Orleans, Louisiana.
The hearing was held at Miami, Florida on 31 October 1989.
Appellant appeared and elected to advance his defense pro se after
being fully advised of his right to professional counsel. Appellant
submitted an answer of "no contest" to the charge and specifications.
Appellant filed no motions or objections. Upon the motion of the Investigating Officer, the Administrative Law Judge dismissed
specification 2 of the charge. Accordingly, the Administrative Law
Judge found the remaining charge and specifications proved without the
presentation of evidence by the Investigating Officer as permitted by
46 C.F.R. 5.527. | Appeal No. 2509 | Suspension and Revocation Appeals Authority | 9/6/1990 | 9/6/1990 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2510 - HALPIN | This appeal has been taken in accordance with 46 U.S.C. SS7702
and 46 CFR SS5.701.
By an order dated 9 January 1989, an Administrative Law Judge of
the United States Coast Guard at Jacksonville, Florida suspended
Appellant's Merchant mariner's License for three months remitted on
twelve months probation upon finding proved the charge of misconduct.
The charge was supported by a single specification alleging that,
on or about 17 February 1988, Appellant, under the authority of his
license, wrongfully operated the M/V PRESIDENTIAL SUITE II with more
than six passengers without a Certificate of Inspection.
The hearing was held at Jacksonville, Florida on 21 December
1988. Appellant appeared and was represented by professional counsel.
Appellant submitted an answer of "no contest" to the charge and
specification. Appellant filed no motions or objections.
Accordingly, the Administrative Law Judge found the charge and
specification proved without presentation of evidence by the
Investigating officer as permitted by 46 C.F.R. SS5.527.
The Administrative Law Judge issued his written Decision and Order on 9 January 1989. The record and administrative case file
fails to confirm when the Decision and Order was served on Appellant,
however, Appellant, in his notice of appeal states that the Decision
and Order was delivered to him postmarked 29 June 1989. | Appeal No. 2510 | Suspension and Revocation Appeals Authority | 9/6/1990 | 9/6/1990 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2511 - GILTNER | This appeal has been taken in accordance with 46 U.S.C. SS7702
and 46 CFR SS5.701.
By an order dated 19 April 1989, an Administrative Law Judge of
the United States Coast Guard at New Orleans, Louisiana revoked
Appellant's Merchant Mariner's License upon finding proved the charge
and specification of misconduct having been convicted of a violation
of a Federal narcotics law.
The specification supporting the single charge alleges that
Appellant, while the holder of the above captioned license was
convicted on or about 15 August 1988, in U.S. District Court, Middle
District of Florida, Tampa Division, of conspiracy to import in excess
of 1,000 pounds of marijuana with the intent to distribute.
The hearing was held at Tampa, Florida on 4 April 1989.
Appellant appeared pro se, having been fully advised of his right
to professional counsel. The Investigating Officer presented three
exhibits which were admitted into evidence. Appellant presented three
exhibits which were admitted into evidence. Appellant entered the
answer of deny to the charge and specification. Upon finding proved
the charge and specification of misconduct, the Administrative Law Judge revoked Appellant's license. | Appeal No. 2511 | Suspension and Revocation Appeals Authority | 9/6/1990 | 9/6/1990 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2501 - HAWKER | On 26 July 1990, the Vice Commandant affirmed the suspension of
Petitioner's license. Petitioner thereafter filed a timely notice of
appeal to the National Transportation Safety Board. Pending the
decision of the Vice Commandant, Petitioner had been granted a
temporary license. By request dated 7 August 1990 Petitioner has
requested a stay of the decision of the vice Commandant pursuant to
46 CFR 5.715 pending the decision of the National Transportation
Safety Board.
ORDER
The effect of the Vice Commandant's decision on Appeal 2501
issued on 26 July 1990 is hereby STAYED pending the decision of the
National Transportation Safety Board on Petitioner's appeal. An
Officer in Charge, Marine Inspection shall issue a temporary document
to Petitioner in accordance with 46 CFR 5.715, to be renewed as
necessary until such time as the National Transportation Safety Board
has completed its review. | Appeal No. 2501 | Suspension and Revocation Appeals Authority | 9/1/1990 | 9/1/1990 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2503 - MOULDS | This appeal has been taken in accordance with 46 U.S.C. 7702 and
46 C.F.R. 5.701.
By an order dated 14 February 1990, an Administrative Law Judge
of the United States Coast Guard at Port Arthur, Texas, suspended
Appellant's Merchant Mariner's License and Merchant Mariner's Document
for two months remitted on none months probation upon finding proved
the charges of negligence and misconduct.
The charge of negligence is supported by one specification
alleging that Appellant, while operating under the authority of his
license and document as operator of the M/V VANPORT and tow, on or
about 30 July 1989, failed to safely navigate his vessel and tow while
transiting the Gulf Intracoastal Waterway (GICW), resulting in a
collision with the M/V MARINE INLAND and tow.
The charge of misconduct is supported by five specifications
alleging that Appellant, while operating under the authority of his
license and document as operator of the M/V VANPORT and tow while
transiting the GICW: (1) Wrongfully failed to safely navigate his
vessel while in an overtaking situation; (2) wrongfully failed to maintain a proper lookout; (3) Wrongfully failed to proceed at a safe
speed; (4) Wrongfully failed to render a required sound signal; (5)
Wrongfully failed to sound the danger signal.
The hearing was held at Port Arthur, Texas on 31 October and
7 December 1989. Appellant was represented at the hearing by
professional counsel. | Appeal No. 2503 | Suspension and Revocation Appeals Authority | 8/20/1990 | 8/20/1990 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2504 - GRACE | This appeal has been taken in accordance with 46 U.S.C. SS7702
and 46 CFR SS5.701.
By an order dated 17 October 1989, an Administrative Law Judge of
the United States Coast Guard at Houston, Texas, revoked Appellant's
Merchant Mariner's Document upon finding proved the charge and
specification of misconduct for possession of a controlled substance,
marijuana.
The specification alleges that Appellant, while serving under the
authority of his above captioned document as seaman on board the M/T
KENAI, a merchant vessel of the United States, did, on 6 January 1989,
possess a controlled substance.
The hearing was held at Houston, Texas on 20 March and 2 August
1989. Appellant appeared and was represented by professional counsel.
Appellant's case was joined with that of another respondent with the
consent of Appellant.
The Investigating Officer called three witnesses, who testified
under oath, and presented nine exhibits which were admitted into
evidence. Appellant testified under oath in his own behalf. Upon
finding proved the charge and specification of misconduct, the
Administrative Law Judge revoked Appellant's document. | Appeal No. 2504 | Suspension and Revocation Appeals Authority | 8/20/1990 | 8/20/1990 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2505 - TAYLOR | This appeal has been taken in accordance with 46 U.S.C. SS7702
and 46 CFR SS5.701.
By an order dated 30 October 1989, an Administrative Law Judge of
the United States Coast Guard at Houston, Texas, suspended outright
Appellant's license for three months, having found proved the charge
of misconduct. The charge was supported by one specification alleging
that Appellant, under the authority of his license, served as the
operator of the passenger vessel M/V MISS GO-CO on 30 March 1989,
without a Certificate of Inspection. The hearing was held at Houston,
Texas on 24 August 1989. Appellant himself was not present at the
hearing, but was represented at the hearing by a designated
representative. At the hearing, Appellant's representative entered an
answer of "deny" to the charges and specifications on behalf of
Appellant.
The Investigating Officer introduced in evidence twelve exhibits
and the testimony of two witnesses. In defense, Appellant offered in
evidence three exhibits, the testimony of one witness, and his own
testimony. | Appeal No. 2505 | Suspension and Revocation Appeals Authority | 8/20/1990 | 8/20/1990 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2502 - RABATSKY | This appeal has been taken in accordance with 46 U.S.C. 7702 and
46 C.F.R. 5.701.
By an order dated 11 July 1986, an Administrative Law Judge of
the United States Coast Guard at St. Louis, Missouri, suspended
Appellant's license for three months, remitted on twelve months
probation upon finding proved the charge of misconduct. The
specification found proved alleged that on or about 26 June 1985,
Appellant, while serving as operator aboard the M/V JOHN M. SELVICK,
under the authority of the above-captioned license, operated the
vessel and its tow on Lake Michigan during a period of darkness
without ensuring that the tow was equipped with adequate navigational
sidelights as required by Rules 22 and 24 of the Inland Navigational
Rules.
The hearing was held at Chicago, Illinois on 20 March 1986. At
he hearing, Appellant was represented by professional counsel and
entered a plea of denial to the charge and specification.
The Investigating Officer introduced in evidence ten exhibits and
the testimony of one witness. In his defense, Appellant introduced
in evidence five exhibits, his own testimony, and the testimony of two additional witnesses.
After the hearing, the Administrative Law Judge rendered a
decision concluding that the charge and specification had been proved
and entered a written order suspending all licenses and certificates
issued to Appellant for three months remitted on twelve months
probation. | Appeal No. 2502 | Suspension and Revocation Appeals Authority | 7/31/1990 | 7/31/1990 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2500 - SUBCLEFF | This appeal has been taken in accordance with 46 U.S.C. SS7702
and 46 CFR SS5.701.
By order dated December 8, 1988, an Administrative Law Judge of
the United States Coast Guard at Seattle suspended outright
Appellant's Merchant Mariner's License for a period of six months upon
finding proved the charge of negligence. The specification supporting
the charge alleged that Appellant, while serving as Pilot under the
authority of his above-captioned license, aboard the GLACIER BAY, O.N.
526588, did, on July 2, 1987, negligently ground said vessel at the
approximate position of 60-29.4N; 151-26.4W, after failing to heed
navigational information on NOAA Chart 16660, including Note E, and
NOAA Chart 16662, including Note B, and supplemental information in
U.S. Coast Pilot No. 9, Pacific and Arctic Coasts of Alaska pertaining
to Cook Inlet, Alaska, resulting in the vessel's hull being holed and
a major oil spill.
A similar charge for this incident has been brought against the
vessel's Master and is reported as Appeal Decision 2501 (HAWKER).
The hearing was held at Anchorage, Alaska, on April 25-28 and May
1-2, 1988. Appellant was represented by professional counsel and | Appeal No. 2500 | Suspension and Revocation Appeals Authority | 7/26/1990 | 7/26/1990 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2499 - AILSWORTH | This appeal has been taken in accordance with 46 U.S.C. SS7702
and 46 C.F.R. SS5.707(e).
By orders dated January 22 and February 8, 1990, an
Administrative Law Judge of the United States Coast Guard at Norfolk,
Virginia, ordered an outright suspension for twelve months of
Appellant's Operator of Uninspected Towing Vessel license upon finding
proved the charges of negligence and misconduct.
These charges arose out of a July 7, 1989, allision by
Appellant's tug, the MILDRED A., while in tow of barge SL-7809, with a
pier of the Jamison Cove Marina, as the flotilla was proceeding
inbound on the Urbanna Creek in Virginia. The Administrative Law
Judge found that Appellant throttled the engine beyond 900 rpm when
backing full after attempting a turn, thereby activating an overspeed
trip device which, as it was designed to do, caused the engine to
stall.
The single specification supporting the charge of negligence
alleged, essentially, that Appellant failed to adequately control the
movements of the tug and tow. The two specifications supporting the
charge of misconduct alleged that Appellant wrongfully failed to sound | Appeal No. 2499 | Suspension and Revocation Appeals Authority | 5/3/1990 | 5/3/1990 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2497 - GUIZZOTTI | This appeal has been taken in accordance with 46 U.S.C. SS7702
and 46 CFR SS5.701.
By his order dated 14 September 1988, an Administrative Law Judge
of the United States Coast Guard at Seattle, Washington, revoked
Appellant's Merchant Mariner's License upon finding proved the charge
of misconduct. The single specification supporting the charge of
misconduct alleged that, on 1 September 1987, ,Appellant, while
serving as Operator aboard the M/V ROSE under the authority of his
above-captioned license, did wrongfully rape a passenger while on
board the vessel at Vancouver, Washington.
The hearing was held at Portland, Oregon, on May 10, 1988.
Appellant was represented by professional counsel and introduced two
exhibits into evidence as well as the testimony of one witness.
Appellant entered a response of DENIAL to the charge and specification
as provided in 46 C.F.R. SS5.527. The Investigating Officer
introduced seventeen exhibits that were received into evidence. Three
witnesses testified at the request of the Investigating Officer.
The Administrative Law Judge's final order revoking all of appellant's
licenses and documents was entered on 14 September 1988. An order
authorizing issuance of a temporary license to Appellant to serve on non-passenger carrying vessels was entered 22 September 1988. | Appeal No. 2497 | Suspension and Revocation Appeals Authority | 4/10/1990 | 4/10/1990 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2498 - KLATT | This appeal has been taken in accordance with 46 U.S.C. SS7702
and 46 CFR SS5.701.
By his order dated 30 January 1989, an Administrative Law Judge
of the United States Coast Guard at Alameda, California, issued an
admonishment to Appellant upon finding proved the charge of violation
of law. The charge was supported by one specification which was found
proved. The specification alleged that Appellant, while serving as
master under the authority of the captioned documents, on board the
S/S COVE LIBERTY on or about 11 March 1988, did wrongfully discharge
oil from his vessel into U.S. navigable waters in violation of 33
U.S.C. SS1321.
The hearing was held at Alameda, California on 12 April 1988.
Appellant appeared at the hearing and was represented by professional
counsel. Appellant entered, in accordance with 46 C.F.R. SS5.527(a),
an answer of deny to the charge and specification.
The Investigating Officer introduced seven exhibits into evidence
and called two witnesses. | Appeal No. 2498 | Suspension and Revocation Appeals Authority | 4/10/1990 | 4/10/1990 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2496 - MCGRATH | This appeal has been taken in accordance with 46 U.S.C. 7702 and
46 CFR 5.701.
By his order dated 2 November 1988, an Administrative Law Judge
of the United States Coast Guard at Alameda, California, suspended
Appellant's license for two months, remitted on eight months
probation, having found proved the charges of misconduct and
negligence. The specification supporting the charge of misconduct
alleged a violation of law and regulation, that while serving as
Operator on board the S/V KIALOA II and under the authority of the
above-captioned license, Appellant did, on or about 3 October 1987,
while said vessel was located in San Francisco Bay, California operate
said vessel without a Certificate of Inspection while carrying eight
passengers.
The specification supporting the charge of negligence alleged
that Appellant operated the S/V KIALOA II in an unsafe condition in
violation of twelve safety regulations while carrying eight
passengers.
The hearing was held at Alameda, California, on 29 and 30 October
1987 and on 2 November 1987. Appellant was represented at the hearing by professional counsel. At the hearing, Appellant entered an answer
of "deny" to the charges and specifications. | Appeal No. 2496 | Suspension and Revocation Appeals Authority | 4/8/1990 | 4/8/1990 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2495 - ZELVICK | This appeal has been taken in accordance with 46 U.S.C. SS7702
and 46 C.F.R. SS5.507.
On January 29, 1990, the attorney for the respondent filed a
letter with Coast Guard Administrative Law Judge Rosemary Denson, who
is assigned to this case, requesting recusal. By order dated January
30, 1990, Judge Denson field a Decision on Respondent's Request for
Recusal, denying the same, and, on February 9, 1990, Respondent
appealed the Decision to the Commandant pursuant to 46 C.F.R. 5.507.
Appearance: Mr. Harold L. Witsaman, Esq., Ray Robinson, Hanninen
& Carle, 135 S. LaSalle Street, Suite 1916, Chicago, Illinois 60603-
4233. | Appeal No. 2495 | Suspension and Revocation Appeals Authority | 3/12/1990 | 3/12/1990 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2494 - PUGH | This appeal has been taken in accordance with 46 U.S.C. SS7702
and 46 CFR SS5.701.
By his order dated 14 October 1988, an Administrative law Judge
of the United States Coast Guard at Port Arthur, Texas, revoked
Appellant's Merchant Mariner's License upon finding proved the charge
and specification of misconduct for possession of marijuana.
The specification alleges that Appellant, while serving under the
authority of his license as operator of the M/V C PROWLER, on 22 March
1988, was in possession of marijuana in violation of a narcotic drug
law.
The hearing was held at Port Arthur, Texas on 30 August 1988.
Appellant appeared at the hearing together with his wife and, after
being advised of his right to professional counsel by the
Administrative Law Judge, chose to be represented pro se.
The Investigating Officer called five witnesses who testified
under oath and presented six exhibits which were admitted into
evidence. Appellant called one witness who testified under oath, in
addition, testified on his own behalf under oath. Upon finding proved the charge and specification of misconduct, the Administrative law
Judge revoked Appellant's license. | Appeal No. 2494 | Suspension and Revocation Appeals Authority | 1/16/1990 | 1/16/1990 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2491 - BETHEL | This appeal has been taken in accordance with 46 U.S.C. 7702 and
46 CFR 5.701.
By order dated 6 May 1988, an Administrative Law Judge of the
United States Coast Guard at Norfolk, Virginia, suspended outright
Appellant's Merchant Mariner's License for three months, upon finding
proved the charge of misconduct. In addition, Appellant's license was
further suspended for six months, remitted on six months probation.
The charge was supported by one specification, which was found
proved.
The specification alleged that Appellant, while serving as the
docking master on board the motor vessel SEA LION, under the authority
of the captioned document, did at or about 0100 on 26 April 1987, did
attempt to undock the vessel while under the influence of intoxicants.
The hearing was held at Philadelphia, Pennsylvania, on 27 January
1988. Appellant appeared at the hearing and was represented by lawyer
counsel. Appellant entered, in accordance with 46 CFR 5.527(a), answers of denial to the charge and specification.
The Investigating Officer introduced eight exhibits into evidence
and called two witnesses.
Appellant introduced three exhibits into evidence and called five
witnesses. Additionally, Appellant testified at the hearing in his
own behalf. | Appeal No. 2491 | Suspension and Revocation Appeals Authority | 12/15/1989 | 12/15/1989 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2492 - RATH | This appeal has been taken in accordance with 46 U.S.C. 7702 and
46 CFR 5.701.
By his order dated 22 January 1988, an Administrative Law Judge
of the United States Coast Guard at Alameda, California, suspended
Appellant's Merchant Mariner's Document and License for six months,
remitted on twelve months probation, upon finding proved the charges
of misconduct and negligence. The misconduct charge was supported by
three specifications which were found proved. A fourth specification
was dismissed by the Administrative Law Judge. The negligence charge
was supported by one specification which was found proved.
Specification one to the charge of misconduct alleges that
Appellant, as Master aboard the M/V PRESIDENT EISENHOWER, while
serving under the authority of the above-captioned license and
document, on or about 0600, 25 October 1986, wrongfully violated 33
U.S.C. 20009(e) by failing to take steps to safely pass another vessel
(barge #417) in a narrow channel.
Specification two alleges that at the same time and date
aforementioned, Appellant wrongfully violated 33 U.S.C. 2006 by
failing to proceed at a safe speed causing a collision with barge
#417. | Appeal No. 2492 | Suspension and Revocation Appeals Authority | 12/8/1989 | 12/8/1989 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2490 - PALMER | This appeal has been taken in accordance with 46 U.S.C. SS7703
and 46 CFR SS5.701.
By order dated 18 August 1988, an Administrative Law Judge of the
United States Coast Guard at Long Beach, California, suspended
Appellant's Seaman's license for three months, remitted on twelve
months probation. The suspension was based upon a finding of proved
of the charge of misconduct. The specifications supporting the charge
allege violations of law and regulation, that while serving as
Operator on board the M/V ROMAN HOLIDAY and under teh authority of the
above-captioned license, Appellant, did, on or about 11 December 1987,
while said vessel was located in Newport harbor, California:
a) operate said vessel without having on board a valid U.S. Coast
Guard Certificate of Inspection, while carrying more than six
passengers, a violation of 46 U.S.C. 3311;
b) operate said vessel without having on board a valid U.S. Coast
Guard Certificate of Documentation while operating on a coastwise
voyage, a violation of 46 C.F.R. 67.45-21;
c) operate said vessel in restricted visibility without a proper sounding device, a violation of the Inland Rules of the Road, Rule 33
and Rule 35;
d) operate said vessel without having the required three fire
extinguishers in serviceable condition, a violation of 46 C.F.R.
25.30-20; and
e) operate said vessel in restricted visibility without the proper
masthead and side navigation lights, a violation of the Inland Rules
of the Road, Rule 21 and Rule 23.
The hearing was held at Long Beach, California, on 21 January, 26
January, 3 February, 17 February, 23 March, and 13 April 1988.
Appellant was represented at the hearing by professional counsel. At
the hearing, Appellant entered an answer of "deny" to the five
specifications and the charge of Violation of Law or Regulation. | Appeal No. 2490 | Suspension and Revocation Appeals Authority | 10/26/1989 | 10/26/1989 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2489 - JUSTICE | This appeal has been taken in accordance with 46 U.S.C. 7702 and 46
CFR 5.701.
By his order dated 30 June 1988, an Administrative Law Judge of the
United States Coast Guard at Long Beach, California, revoked Appellant's
Merchant Mariner's Document and License upon finding proved the charge
of misconduct. The misconduct charge was supported by one specification
which was found proved. The specification found proved alleged that
Appellant, while serving under the authority of the captioned documents,
on board the S/S SEA-LAND PACIFIC on or about 21 April 1988, did
wrongfully have in his possession controlled substances, as defined in
21 U.S.C. 812 and 21 C.F.R. 1308.14, to wit, Diazepam and Seconal.
The hearing was held at Long Beach, California on 15 June 1988.
Appellant appeared at the hearing and was represented by professional
counsel. Appellant entered, in accordance with 46 C.F.R. 5.527(a), an
answer of denial to the charge and specification.
The Investigating Officer introduced six exhibits into evidence and
called two witnesses.
Appellant introduced one exhibit into evidence and testified in his
own behalf.
After the hearing, the Administrative Law Judge rendered a decision
in which he concluded that the charge and specification had been found proved, and entered a written order revoking Appellant's license and
document.
The complete Decision and Order was served on Appellant on 5 July
1988. Notice of Appeal was timely filed on 2 August 1988. Following
the receipt of the transcript of the proceedings, Appellant's brief was
timely received on 6 December 1988. Accordingly, this matter is
properly before the Commandant for disposition. | Appeal No. 2489 | Suspension and Revocation Appeals Authority | 8/22/1989 | 8/22/1989 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2488 - PATTON | This petition has been taken in accordance with 46 U.S.C.
7701 and 46 C.F.R. Part 5, Subpart I.
By his order dated 10 June 1988, an Administrative Law Judge
of the United States Coast Guard at Philadelphia, Pennsylvania,
suspended Appellant's license and document for a period of three
months, remitted on six months probation upon finding proved the
charge of misconduct. The specification supporting the charge of
misconduct alleged that Appellant, while serving under the
authority of his above-captioned license and document, aboard the
T/V CHEMICAL PIONEER, did, on 3 December 1987, wrongfully direct
and control said vessel, which was engaged in a coastwise voyage.
Subsequent to the Administrative Law Judge's Decision and Order,
the Appellant filed a notice of appeal on 21 July 1988. Subsequent
to the hearing, Appellant received evidence from the U.S. Coast
Guard (a copy of correspondence from Chief, Regional Examination
Center, Marine Safety Office, Baltimore, MD., on the subject of
docking masters and pilotage requirements) which was not available
at the time of the hearing. Consequently, on 23 November 1988,
Appellant filed a petition to reopen the hearing on the basis of
the newly discovered evidence, pursuant to 46 C.F.R. 5.603. This
was supplemented by a letter dated 20 January 1989.
Appearance: Timothy D. Persons, Esq., Krusen Evans & Byrne,
Suite 1100, Curtis Center, Independence Square West, Sixth & Walnut
Streets, Philadelphia, PA 19106, [REDACTED]. | Appeal No. 2488 | Suspension and Revocation Appeals Authority | 7/17/1989 | 7/17/1989 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2487 - THOMAS | This appeal has been taken in accordance with 46 U.S.C. SS7702
and 46 CFR SS5.701, 5.607.
By his order dated 15 January 1988, an Administrative Law Judge
of the United States Coast Guard at Norfolk, Virginia, suspended
Appellant's Merchant Mariner's license for three months, plus an
additional suspension for three months, remitted on three months
probation, upon finding proved the charge of negligence. A charge of
misconduct supported by two specifications was found not proved. The
two specifications supporting the charge of negligence alleged that
Appellant, while serving under the authority of his above-captioned
license, aboard the M/V VENTURE, did, on 22 October 1986, negligently
absent himself from the wheelhouse of the vessel, endangering the
life, limb and property of the passengers and crew, and that on that
same date, Appellant negligently failed to post a lookout. The
hearing was held at Charlotte Amalie, St. Thomas, Virgin Islands on 12
February, 4 and 5 June 1987. Appellant was represented by
professional counsel and introduced six exhibits into evidence as well
as the testimony of three witnesses and the Appellant. Appellant
entered a response of DENIAL to the charge and specifications. The
Investigating Officer introduced five exhibits that were received into evidence. Four witnesses testified at the request of the
Investigating Officer. The Administrative Law Judge's decision was
issued on 24 October 1987 and his final order issued on 15 January
1988. | Appeal No. 2487 | Suspension and Revocation Appeals Authority | 7/12/1989 | 7/12/1989 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2486 - GOETZ | This appeal has been taken in accordance with 46 U.S.C. SS7702
and 46 CFR SS5.701.
By order dated 19 April 1988, an Administrative Law Judge of the
United States Coast Guard at Norfolk, Virginia, suspended Appellant's
Merchant Mariner's License outright for twelve months, upon finding
proved the charges of negligence and misconduct. The negligence
charge was supported by one specification, which was found proved.
The misconduct charge was supported by the negligence charge found
proved alleged that Appellant, while serving as the Master aboard the
motor vessel JET TRADER, under the authority of the captioned
documents, on or about 27 June 1987, failed to maintain a proper
lookout, creating a hazardous situation which led to a collision
between the M/V JET TRADER and a 16 foot pleasure craft. The first
specification under the misconduct charge found proved alleged that
Appellant, while serving in the same capacity at the same time failed
to take action to avoid a collision with a 16 foot pleasure craft, as
required by 33 USC 2008 (Rule 8 of the Inland Navigation Rules)
resulting in a collision with the pleasure craft. The second
specification found proved alleged that Appellant, while serving in
the same capacity at the same time failed to render assistance after
the collision with the pleasure craft, as required by 46 USC 2303(a). | Appeal No. 2486 | Suspension and Revocation Appeals Authority | 6/29/1989 | 6/29/1989 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2508 - LYLE | This appeal has been taken in accordance with 46 U.S.C. SS7702
and 46 CFR SS5.701.
By an order dated 30 May 1989, an Administrative Law Judge of the
United States Coast Guard at Houston, Texas suspended Appellant's
Merchant Mariner's Document outright for eight months upon finding
proved the charge of misconduct. The misconduct charge was supported
by two specifications, both of which were found proved. The first
specification alleged that Appellant on or about 19 December 1988,
while serving as an able seaman aboard the S/T OVERSEAS CHICAGO, did,
while said vessel was engaged in lightering operations, assault the
Chief Mate, Vernon Adkison, in the cargo control room by making The
first specification further alleged that, by confronting the Chief
Mate during the operations and in the control room, Appellant had
created a disturbance aboard the ship at a critical time. The second
specification alleged that Appellant, while serving in the same
capacity on 20 December 1988, verbally threatened the same Chief Mate
in the Captain's office.
The hearing was held at Houston, Texas, on 30 march 19898.
Appellant appeared at the hearing pro se and entered a plea of
DENIAL to the charge and all specifications.
The Investigating Officer introduced five exhibits into evidence
and called four witnesses. Thee Appellant testified in his own behalf
and introduced the testimony of four other witnesses. The Administrative Laws Judge found the charge and specifications proved
at the conclusion of the hearing on 30 March 1989. The complete
Decision and Order was issued on 15 June 1989 and was served on
Appellant on 19 June 1989. Appellant filed a notice of appeal on 12
June 1989 and perfected his appeal by filing a brief on 7 November
1989. | Appeal No. 2508 | Suspension and Revocation Appeals Authority | 6/15/1989 | 6/15/1989 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2485 - YATES | This appeal has been taken in accordance with 46 U.S.C. 7702 and 46
CFR 5.701.
By order dated 29 March 1988, an Administrative Law Judge of the
United States Coast Guard at Houston, Texas, suspended outright Appellant's
Merchant Mariner's License and document for one month. In addition,
Appellant's license and document were further suspended for two months,
remitted on twelve months probation, upon finding proved the charge of
negligence. The charge was supported by two specifications, both of which
were found proved. The first specification found proved alleged that
Appellant, while serving as the operator on board the motor vessel
ENTERPRISE, under the authority of the captioned documents, at or about 1930
on 5 December 1987, did wrongfully fail to properly assess the effect of the
tidal current on his vessel and tow, while attempting to dock port side to
the Conoco Clifton Ridge Barge Dock, resulting in an allision with the ship
dock fender system at Conoco Clifton Ridge Dock, resulting in an allision
with the ship dock fender system at Conoco Clifton Ridge Terminal, at or on
the Calcasieu River. The second specification found proved alleged that
Appellant, while serving as the operator on board the motor vessel
ENTERPRISE, under the authority of the captioned documents, at or about 1930
on 5 December 1987, did fail to properly arrange his tow for docking at the Conoco Clifton Ridge Terminal, resulting in an allision with the ship dock
fender system at conoco Clifton Ridge Terminal, at or on the Calcasieu
River. | Appeal No. 2485 | Suspension and Revocation Appeals Authority | 5/19/1989 | 5/19/1989 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2484 - VETTER | This appeal has been taken in accordance with 46 U.S.C. SS7702
and 46 CFR SS5.701, 5.607.
By his order dated 22 March 1988, an Administrative Law Judge of
the United States Coast Guard at Lost Angeles, California, revoked
Appellant's Merchant Mariner's license and document upon finding
proved the charge of misconduct. The specifications supporting the
charge of misconduct alleged that Appellant, while serving under the
authority of his above-captioned license and document, aboard the SS
OVERSEAS CHICAGO, did, on 3 February 1988, wrongfully report for watch
in an intoxicated condition, wrongfully assault and batter the master
and the chief mate, and wrongfully create a disturbance aboard the
OVERSEAS CHICAGO.
The hearing was held in absentia under the provisions of 46
C.F.R. SS515.5(a) at Los Angeles, California on 9 March 1988. The
Investigating Officer introduced the testimony of three witnesses and
four exhibits into evidence. The Administrative Law Judge issued his
final Decision and Order on 22 March 1988. | Appeal No. 2484 | Suspension and Revocation Appeals Authority | 5/3/1989 | 5/3/1989 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2483 - TOMBARI | This application for an award of fees and expenses under the
Equal Access to Justice Act has been received and reviewed in
accordance with 5 U.S.C. 504 and 49 CFR Part 6.
On 29 January 1988, Appellant requested that the Commandant
issue a temporary license as a Chief Engineer with prior
endorsements pending appeal of the Decision & Order of the
Administrative Law Judge in the suspension and revocation
proceeding. On 12 July 1988, the Vice Commandant denied
Appellant's request for a temporary license. See Appeal
Decision 2467 (TOMBARI).
By order dated 30 November 1988, the National Transportation
Safety Board reversed the decision of the Vice-Commandant denying
the issuance of a temporary license to the Appellant. See
Commandant v. Tombari, NTSB Order No. EM-150 (1988). On 22
February 1989, Appellant applied for attorney's fees and other
expenses under the Equal Access to Justice Act (5 U.S.C. 504)
incurred in connection with his appeal from the decision of the
Vice Commandant denying Appellant's application for a temporary
license. | Appeal No. 2483 | Suspension and Revocation Appeals Authority | 4/14/1989 | 4/14/1989 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2482 - WATSON | This appeal has been taken in accordance with 46 U.S.C. SS7702
and 46 CFR SS5.701.
By her order dated 11 July 1986, an Administrative Law Judge of
the United States Coast Guard at St. Louis, Missouri suspended
Appellant's License for four months plus an additional four months
remitted on twelve months probation upon finding proved the charge of
misconduct. This case was remanded to the Administrative Law Judge by
the Vice-Commandant in Appeal Decision 2446 (WATSON) on 19 March
1987 in order to rule on proposed findings of fact and conclusions of
law. Consistent with the remand, the Administrative Law Judge
subsequently issued rulings on the proposed findings of fact and
conclusions of law on 1 April 1987. On 12 April 1988, the
Administrative Law Judge reinstated the original decision and order of
11 July 1986, incorporating by reference the Rulings on the proposed
findings of fact and conclusions of law. | Appeal No. 2482 | Suspension and Revocation Appeals Authority | 2/24/1989 | 2/24/1989 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2481 - CROWLEY | This appeal has been taken in accordance with 46 U.S.C. 7702 and
46 CFR 5.701.
By order dated 8 December 1987, an Administrative Law Judge of
the United States Coast Guard at New York, New York, suspended
outright Appellant's Merchant Mariner's Document for five months.
This order was issued upon finding proved a charge of violation of
law, supported by one specification. The charge and specification
found proved that Appellant did serve as deckhand on board the tug
MORIA MORAN, under the authority of the captioned document, on or
about 12 February 1987 to on or about 18 February 1987, after
surrounding the captioned document on 18 January 1987 to the U.S.
Coast Guard in compliance with the Decision and Order issued by the
Administrative Law Judge at New York on 14 January 1987 and prior to
the document's return in violation of 46 U.S.C. 8701(b).
The hearing was held at New York, New York, on 1 May 1987.
Appellant appeared at the hearing and was represented by non-lawyer
counsel. Appellant entered, in accordance with 46 CFR 5.527(a), an
answer of no contest to the charge and specification.
The Investigating Officer introduced one exhibit into evidence
and called no witnesses.
Appellant introduced no exhibits into evidence and called no
witnesses. Appellant did not testify under oath, however, he did make
unsworn, mitigating statements in his own behalf. | Appeal No. 2481 | Suspension and Revocation Appeals Authority | 2/7/1989 | 2/7/1989 | | 11/30/2017 |