| Suspension and Revocation Appeals Authority | 2480 - LETT | This appeal has been taken in accordance with 46 U.S.C. SS7702
and 46 CFR SS5.701.
By order dated 17b February 1988, an Administrative Law Judge of
the United States Coast Guard at Seattle, Washington, admonished
Appellant. This order was issued upon finding proved a charge of
Violation of Law supported by two specifications. The first
specification found proved that Appellant, while serving as Master of
the M/V ALASKAN HERO, under the authority of the captioned license,
did, from on or about 27 July 1987 through 24 September 1987, operate
said vessel on the high seas while engaging or employing an unlicensed
individual to serve as mate in violation of 46 U.S.C. SS8304. The
second specification found proved that Appellant, while serving as
Master of the M/V ALASKAN HERO, under the authority of the captioned
license, did, from on or about 27 July 1987 through 24 September 1987,
on the high seas, allow a non- U.S. citizen to serve as an officer in
charge of a deck watch on a documented vessel in violation of 46
U.S.C. SS8103. | Appeal No. 2480 | Suspension and Revocation Appeals Authority | 1/21/1989 | 1/21/1989 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2493 - KAAUA | This appeal has been taken in accordance with 46 U.S.C. SS7702
and 46 CFR SS5.701.
By order dated 9 May 1988, an Administrative Law Judge of the
United States Coast Guard at Honolulu, Hawaii, revoked Appellant's
Merchant Mariner's Document. This order was issued upon finding
proved a charge of misconduct supported by two specifications. The
specifications found proved were that Appellant, while serving as an
Ordinary Seaman/Waitress aboard the SS INDEPENDENCE, under the
authority of the captioned document, on or about 11 March 1988, while
said vessel was at sea, did wrongfully have in her possession certain
narcotic drugs, to wit, marijuana, and did wrongfully have in her
possession certain drug paraphernalia, to wit, a pipe and rolling
papers.
The hearing was held at Honolulu, Hawaii, on 9 May 1988. The
Appellant was represented by professional counsel at the hearing and
entered an answer of deny to the charge and to each specification.
The Investigating Officer introduced a total of six exhibits which
were admitted into evidence, and called two witnesses, one of whom
testified in person, and one whom testified via a conference telephone
connection from the Naval Investigative Service Forensic Science
Laboratory at Pearl Harbor, Hawaii. The Appellant introduced eight
exhibits which were admitted into evidence, and called one witness who
testified in person. Appellant also voluntarily testified in her own
defense. | Appeal No. 2493 | Suspension and Revocation Appeals Authority | 1/11/1989 | 1/11/1989 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2479 - BRANCH | This appeal has been taken in accordance with 46 U.S.C. SS7702
and 46 CFR SS5.701.
By order dated 8 February 1988, an Administrative Law Judge of
the United States Coast Guard at New Orleans, Louisiana, suspended
Appellant's Merchant Mariner's License for three months remitted on
conditions of probation for twelve months. This order was issued upon
finding proved a charge of negligence supported by a single
specification. The specification found proved that Appellant, while
serving as a towboat operator aboard the M/V BILL FROREICH, under the
authority of the captioned license, did, on or about 5 October 1987,
negligently navigate said vessel by failing to arrange a proper
meeting situation with the M/V JANET DICHARRY, thereby contributing to
a collision in the vicinity of mile marker 179 on the Gulf
Intracoastal Waterway.
The hearing was held at New Orleans, Louisiana on 20 January
1988. Appellant appeared at the hearing with counsel, and entered, in
accordance with 46 CFR SS5.527(a), an answer of deny to the charge of
negligence and the supporting specification.
The Investigating Officer introduced in evidence five exhibits
and called three witnesses.
Following the conclusion of the Coast Guard's case, Appellant
moved to dismiss the charge and specification for failure of proof.
The Administrative Law Judge took the motion under advisement, and
Appellant elected not to present any evidence or call any witnesses 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 suspending all licenses
and/or documents issued to Appellant as specified above. | Appeal No. 2479 | Suspension and Revocation Appeals Authority | 1/5/1989 | 1/5/1989 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2477 - TOMBARI | This appeal has been taken in accordance with 46 U.S.C. 7702
and 46 C.F.R. 5.701.
By his order dated 14 December 1987, an Administrative Law
Judge of the United States Coast Guard at New York, New York,
suspended Appellant's License for twelve months plus on additional
twelve months remitted on twelve months probation upon finding
proved the charge of negligence. The specification thereunder
found proved alleged that Appellant, while serving in the capacity
of Chief Engineer under the authority of the captioned license, on
board the R/V ENDEAVOR, did fail to insure that certain safety
precautions were taken regarding the shifting of the electrical
load from ship's power to shore power, resulting in the death of an
Assistant Engineering Officer on or about 11 August, 1986. The
hearing was held at Providence, Rhode Island on 9, 10 and 11
December 1986, and on 30 September 1987. To clarify any confusion
regarding this case, it must be noted that the Administrative Law
Judge who initially presided over the hearings in December, 1986,
died on 14 August 1987. Before his death, he had completed his
findings and conclusion of law, but had not rendered a final
Decision and Order. The case was reassigned to another
Administrative Law Judge on 1 September 1987, who subsequently
completed the hearing on 30 September 1987, and issued the final Decision and Order on 4 November 1987. | Appeal No. 2477 | Suspension and Revocation Appeals Authority | 12/28/1988 | 12/28/1988 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2476 - BLAKE | This appeal has been taken in accordance with 46 U.S.C. 7702 and 46
CFR 5.701.
By order dated 16 December 1987, an Administrative Law Judge of the
United States coast Guard at Alameda, California, revoked Appellant's
Merchant Mariner's Document. This order was issued upon finding proved
a charge of misconduct supported by a single specification. The
specification found proved that Appellant, while serving as an Able-
Bodied Seaman aboard the G/T CHEVRON OREGON, under the authority of the
captioned document, did, on or about 26 December 1986, while said vessel
was at the loading/unloading facility offshore of El Segundo,
California, wrongfully have in his possession certain narcotic drugs, to
wit, marijuana.
The hearing was held at Alameda, California, on 22 July 1987. The
Appellant was represented by professional counsel at the hearing and
entered an answer of deny to the charge and specification. The
Investigating Officer introduced a total of six exhibits which were
admitted into evidence, and called three witnesses, two of whom
testified in person, and one who testified via a conference telephone
connection from Long Beach Coast Guard Marine Safety Office. Appellant
introduced no evidence and called no witnesses on his own behalf. The
Decision and Order was served on Appellant on 18 December 1987. A
notice of appeal was received by the Administrative Law Judge on 13
January 1988. | Appeal No. 2476 | Suspension and Revocation Appeals Authority | 11/30/1988 | 11/30/1988 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2474 - CARMIENKE | This appeal has been taken in accordance with 46 U.S.C. SS7702
and 46 CFR SS5.701.
By order dated 4 September 1987, 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, and
further suspended them for an additional two months under probationary
terms for six months following the termination of the outright
suspension. This order was issued upon finding proved a charge of
misconduct and a charge of negligence. Each charge was supported by
one specification. The misconduct charge was initially supported by
two specifications. The first specification was withdrawn at the
hearing. The misconduct charge and specification found proved that
Appellant, while serving as the operator of the tug ORION, under the
authority of the captioned license and document, on or about 27
February 1987, failed to maintain a proper lookout by sight and
hearing as required by Rule 5 of the International Regulations for
Preventing Collisions at Sea, 1972 (COLREGS '72), 33 U.S.C. foll.
1602, which contributed to the collision of the barge USL-501, while
under the tow of the tug ORION, with the M/V UNITED PEACE in the Gulf
of Mexico in the vicinity of the Sabine Pass Sea Buoy. The negligence
charge and specification found proved that Appellant, while acting as
the operator on board the tug ORION, under the authority of the
captioned license and document, on or about 27 February 1987, failed
to take early and substantial action to avoid a collision with the M/V
UNITED PEACE, as required by Rule 8(a) and 8(c) of the International
Regulations for Preventing Collisions at Sea, 1972 (COLREGS '72), 33
U.S.C. foll. 1602. | Appeal No. 2474 | Suspension and Revocation Appeals Authority | 11/10/1988 | 11/10/1988 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2473 - MARTUCCI | This appeal has been taken in accordance with 46 U.S.C. 7702 and
46 CFR 5.701.
By his order dated 23 December 1987, an Administrative Law Judge
of the United States Coast Guard at Houston, Texas, revoked
Appellant's Document upon finding proved the charge of misconduct.
The specification thereunder found proved alleged that Appellant,
while serving under the authority of the captioned document, on board
the USNS CAPELLA, did wrongfully have in his possession certain
narcotics, to wit: hashish. The charge was brought by the Government
under the provisions of 46 U.S.C. 7704.
The hearing was held at Port Arthur, Texas on 19 October 1987.
On 18 October 1987, Appellant had requested a change of venue to
Hawaii, where he was residing, however, that request was denied,
hearing on 19 October 1987 was held without the presence of the
Appellant and under the in absentia provisions of 46 C.F.R. 5.515.
In accordance with 46 C.F.R. 5.527 the Administrative Law Judge
entered an answer of deny on behalf of the Appellant to the charge and
specification. | Appeal No. 2473 | Suspension and Revocation Appeals Authority | 11/7/1988 | 11/7/1988 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2475 - BOURDO | This appeal has been taken in accordance with 46 U.S.C. 7702 and
46 CFR 5.701.
By order dated 4 November 1987, an Administrative Law Judge of
the United States Coast Guard at Norfolk, Virginia, suspended
Appellant's Merchant Mariner's Licenses for a period of seventeen
months. The licenses were suspended outright for the first five
months of this suspension period. Appellant would serve the following
twelve months of the suspension on probation provided that no charge
under 46 U.S.C. 7703 or 7704, or any other navigation or vessel
inspection law, was proved of outright suspension or acts committed
within twelve months form the date of termination of the foregoing
outright suspension. This order was issued upon finding proved the
charges of misconduct and violation of regulation. Each charge was
supported by thirty-one specifications. A charge of negligence
supported by nine specifications was withdrawn by the Investigating
Officer prior to Appellant's answer being entered. | Appeal No. 2475 | Suspension and Revocation Appeals Authority | 11/7/1988 | 11/7/1988 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2471 - BARTLETT | This appeal has been taken in accordance with 46 U.S.C.
SS7702 and 46 CFR SS5.701.
By his order dated 16 June 1987, an Administrative Law Judge
of the United States Coast Guard at Los Angeles/Long Beach,
California, revoked Appellant's License and Document upon finding
proved the charge of misconduct. The three specifications
thereunder found proved allege that Appellant, while serving
under the authority ofthe captioned document and license, on bard
the SS PRESIDENT F.D. ROOSEVELT: (1) on 11 August 1986,
wrongfully had in his possession Valium (Diazepam); (2) on 11
August 1986, wrongfully attempted to enter the room of a
crewmember; and (3) on 18 August 1986, wrongfully falsified a
government document by giving false information regarding his
prior record when seeking to upgrade his license.
The hearing was held at Long Beach, California on 16
December 1986, 8 and 29 January 1987, and on 18 February 1987.
At the hearing, Appellant was represented by professional counsel
and entered an answer of deny to the charge and specifications. | Appeal No. 2471 | Suspension and Revocation Appeals Authority | 10/6/1988 | 10/6/1988 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2470 - GIACHETTI | This appeal has been taken in accordance with 46 U.S.C. SS7702
and 46 CFR Part 5, Subpart J.
By order of 13 November 1985, an Administrative Law Judge of the
United States Coast Guard at New York, New York, revoked Appellant's
license and merchant mariner's document, upon finding proved the
charge of misconduct. The specifications found proved allege that
Appellant did, while serving as master aboard the SS MORMACSTAR, under
the authority of the captioned documents, on or about 9 October 1984,
fail to obey the orders of the Military Sealift Command Preparedness
Group One to get the vessel underway for convoy exercises and a
surveillance run; and that Appellant did, while serving as stated, on
the same date, commit an act of barratry by instituting an illegal job
action by wrongfully refusing to sail the vessel as ordered by its
owner and the Department of the Navy, thereby causing the vessel to be
placed off hire from its charter, an act which was to the injury of
the owner.
The hearing was held at Philadelphia, Pennsylvania, on 21 May and
12 June 1985. Appellant was present at the hearing, and was
represented by professional counsel. He denied the charge and
specifications. | Appeal No. 2470 | Suspension and Revocation Appeals Authority | 8/23/1988 | 8/23/1988 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2469 - VETTER | This request for issuance of a temporary license has been
accepted and reviewed in accordance with 46 U.S.C. 7701 and 46 CFR
5.707.
By order dated 22 March 1988, an Administrative Law Judge of
the United States Coast Guard at Long Beach, California, revoked
Appellant's license and document upon finding proved a charge of
misconduct. The misconduct charge was supported by four
specifications which alleged that Appellant, while serving as Third
Assistant Engineer aboard the S/S OVERSEAS CHICAGO on or about 3
February 1988, (1) wrongfully returned from shore leave
approximately one half hour prior to his scheduled watch in an
intoxicated condition; (2) wrongfully assaulted and battered the
Master, Cecil Smith by striking him with his fist and kicking him;
(3) wrongfully created a disturbance by using foul and abusive
language toward the Master, Cecil Smith; and (4) wrongfully
assaulted and battered the Chief Mate, William Miller by kicking
him.
On 20 April 1988, Appellant filed a notice of appeal and
requested that the Order of the Administrative Law Judge be stayed
pending appeal or that a temporary license pending appeal be
issued. On 21 April 1988, the Administrative Law Judge denied
Appellant's request for a temporary license. On 23 May 1988,
Appellant filed a notice of appeal from the denial of his request
for a stay in this matter or the issuance of a temporary license.
Appellant has not filed a brief in support of his notice of appeal. | Appeal No. 2469 | Suspension and Revocation Appeals Authority | 8/2/1988 | 8/2/1988 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2467 - TOMBARI | This request for issuance of a temporary license has been
accepted and reviewed in accordance with 46 U.S.C. SS7701 and 46
CFR SS5.701.
By order dated 4 November 1987, an Administrative Law Judge
of the United States Coast Guard at New York, New York, suspended
outright Appellant's license for twelve months and for a further
twelve months on probation upon finding proved a charge of
negligence. The negligence charge was supported by a single
specification which alleged that Appellant, while serving as
Chief Engineer aboard the R/V ENDEAVOR on or about 11 August
1986, negligently failed to ensure that safety precautions, such
as (1) that the connections were in fact completed at the
connection box aboard the vessel; (2) that shore power was
available as indicated at the distribution panel; (3) that the
connections at the shore side connection box were properly
completed; (4) that communications between the [Appellant] and
his subordinates verified that the ship was ready to receive
shore power; (5) that the subordinate engineers aboard the vessel
were aware that the evolution was about to take place; the
evolution specifically being the shifting of ship's power to shore power, were taken prior to directing the shifting of the
electrical load from the ship's power to shore power, which
resulted in the death of Miss Alison Rollins, who was serving as
an engineer aboard the R/V ENDEAVOR on the day in question. | Appeal No. 2467 | Suspension and Revocation Appeals Authority | 7/12/1988 | 7/12/1988 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2468 - LEWIN | This appeal has been taken in accordance with 46 U.S.C. 7702 and
46 CFR 5.701.
By order dated 30 June 1987, an Administrative Law Judge of the
United States Coast Guard at Seattle, Washington, suspended outright
Appellant's Merchant Mariner's License with endorsements for a period
of two months upon finding proved a Charge of Misconduct, supported by
four specifications and a Charge of Negligence, supported by one
specification.
The first specification found proved under the Charge of
Misconduct alleged that Appellant, while acting under the authority of
the captioned license as pilot aboard the T/V CHEVRON COLORADO, on or
about 14 August 1986, while said vessel was underway on the Columbia
River, wrongfully failed to comply with 33 U.S.C. 2006, Inland
Navigation Rule 6, by failing to travel at a moderated speed in fog
and restricted visibility, contributing to the collision with the
barge T/B FOSS 121.
The second specification found proved under the Charge of
Misconduct alleged that Appellant, while acting under the authority of
the captioned license a pilot aboard the T/V CHEVRON COLORADO, on or
about 14 August 1986, while said vessel was underway on the Columbia
River, wrongfully failed to comply with 33 U.S.C. 2007, Inland
Navigation Rule 7, by failing to properly determine the risk of
collision between the T/V CHEVRON COLORADO and the barge T/B FOSS
121, contributing to the collision of these vessels. | Appeal No. 2468 | Suspension and Revocation Appeals Authority | 7/12/1988 | 7/12/1988 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2466 - SMITH | This appeal has been taken in accordance with 46 U.S.C. 7702 and
46 CFR 5.701.
By order dated 3 November 1987, an Administrative Law Judge of
the United States Coast Guard at St. Louis, Missouri, suspended
Appellant's license for two months' probation upon finding proved the
charge of negligence and misconduct. The single specification
supporting the negligence charge found proved alleges that on or about
13 August 1987, Appellant, while serving as operator aboard the M/V M.
T. SCHEU, under the authority of the captioned license, at
approximately Mile 198.1, Arkansas River, negligently allowed an
unlicensed individual to operate an uninspected towing vessel and
assume direct control of the operation of that vessel. The single
specification supporting the misconduct charge found proved alleges
that on or about 13 August 1987, Appellant did , while serving as
operator aboard the M/V M.T. SCHEU, under the authority of the
captioned license, at approximately Mile 198.1, Arkansas River,
wrongfully permit said vessel to be operated in violation of the
manning requirements of 46 U.S.C. 8904. | Appeal No. 2466 | Suspension and Revocation Appeals Authority | 6/28/1988 | 6/28/1988 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2465 - O'CONNELL | This appeal has been taken in accordance with 46 U.S.C. SS7702
and 46 CFR Part 5, Subpart J.
By order of 11 February 1987, an Administrative Law Judge of the
United States Coast Guard at Tampa, Florida, suspended Appellant's
license outright for four months, plus nine months remitted on twelve
months probation, upon finding proved the charge of negligence. He
also suspended Appellant's license outright for an additional two
months for violating a previous order of suspension on probation. The
specification found proved alleges that Appellant did, while serving
as pilot aboard the M/V SEAFARER under the authority of the captioned
license, on or about 19 August 1985, while the vessel was assisting
the T/B OCEAN 255 inbound in Tampa Bay, fail to perform his duty to
direct and control the vessel as required, in that he failed
adequately or prudently to navigate the vessel resulting in the
grounding of the tank barge OCEAN 255 in the vicinity of Buoy 11J,
Tampa Bay, Florida. | Appeal No. 2465 | Suspension and Revocation Appeals Authority | 5/10/1988 | 5/10/1988 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2478 - DUPRE | This appeal has been taken in accordance with 46 U.S.C. SS7702
and 46 CFR SS5.701.
By his order dated 30 September 1987, an Administrative Law Judge
of the United States Coast Guard at Houston, Texas, suspended
Appellant's Merchant Mariner's license and document for a period of
one month upon finding proved the charges of negligence, misconduct,
and violation of law. The specification supporting the charge of
negligence alleged that Appellant, while serving under the authority
of his above-captioned license and document, aboard the towing vessel
ADMIRAL LEE, did, on 15 February 1987, tow the unmanned freight barge
CMS-754 in an unsafe and hazardous manner, to wit: operating with a
load in excess of the vessel's stability letter. The specification
supporting the charge of misconduct alleged that Appellant, acting
under the authority of his license and document aboard the ADMIRAL
LEE, on 15 February 1987, failed to insure that the CMS-754 was loaded
in compliance with the vessel's stability letter issued by the U.S.
Coast Guard. The specification supporting the charge of violation of
law alleged that Appellant, under the authority of his license and
document, violated 46 U.S.C. SS2302, however, the Coast Guard withdrew
this charge and its specification at the commencement of the hearing.
The hearing was held at Houston, Texas on 5 August 1987. The
Appellant was represented by professional counsel and entered an
answer of denial to the charges and specifications. | Appeal No. 2478 | Suspension and Revocation Appeals Authority | 2/4/1988 | 2/4/1988 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2461 - KITTRELL | This appeal has been taken in accordance with 46 U.S.C. SS7702
and 46 CFR SS5.701.
By order dated 22 January 1987, an Administrative Law Judge of
the United States Coast Guard at St. Louis, Missouri admonished
Appellant upon finding proved the charge of Violation of Regulation.
The charge was initially supported by three specifications. However,
the Administrative Law Judge found one specification involving 46 CRF
SS35.35-1(c) not proved and dismissed this count.
One specification found proved alleged that Appellant, serving as
person-in-charge aboard Tank Barge T-7953, under the authority of his
merchant mariner's document, on or about 25 April 1986, while
transferring oil to Tank Barge T-7953 from Packer River Terminal at
Mile 857.0, Upper Mississippi River, wrongfully absented himself from
the barge in violation of 33 CFR 156.120(s).
The remaining specification found proved alleged that Appellant,
serving as person-in-charge aboard Tank Barge T-7953, under the
authority of his merchant mariner's document, on or about 25 April
1986, while transferring oil to Tank Barge T-7953 from Packer River
Terminal at Mile 857.0, Upper Mississippi River, wrongfully failed to
provide a flame screen or proper supervision for the open No. One
ullage hole in violation of 46 CFR 35.30-10. | Appeal No. 2461 | Suspension and Revocation Appeals Authority | 12/7/1987 | 12/7/1987 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2437 - SMITH | This review has been taken in accordance with 46 U.S.C. 7702 and
46 CFR Part 5, Subpart K.
By order dated 25 June 1985, an Administrative Law Judge of the
United States Coast Guard at St. Louis, Missouri, suspended
Respondent's license for three months on twelve months probation upon
finding proved the charge of negligence. The specification found
proved alleges that Respondent, while serving as Operator aboard the
M/V STEEL CHALLENGER, under the authority of the captioned document,
on or about 15 January 1985, failed to maintain adequate control of
his vessel and tow thereby allowing the tow to allide with the
Greenville Highway Bridge at Mile 531.3, Lower Mississippi River.
That order was appealed. On appeal, the Vice Commandant issued
an order in which he set aside the finding of the Administrative Law
Judge as to the charge of negligence, vacated the order suspending
Respondent's license, and remanded the case to the Administrative Law
Judge for further proceedings. Appeal Decision 2437 (SMITH).
On remand, the Administrative Law Judge reopened the hearing.
The reopened hearing was held at Memphis, Tennessee, on 3 March 1987. | Appeal No. 2437 | Suspension and Revocation Appeals Authority | 11/25/1987 | 11/25/1987 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2460 - REED | This appeal has been taken in accordance with 46 U.S.C. 7702 and
46 CFR Part 5, Subpart J.
By order of 24 November 1986, an Administrative Law Judge of the
United States Coast Guard at Alameda, California, revoked Appellant's
merchant mariner's document upon finding him incompetent to serve on
board merchant vessels of the United States.
the incompetence charge is supported by three specifications
which allege that Appellant, while serving under the authority of his
Merchant Mariner's document as an Able-bodied Seaman aboard the SS
PRESIDENT FILLMORE, while the ship was at sea, did:
(1) At or about 1300 hours, 8 June 1986, fail to obey an order, to
wit: After specifically being told not to use water about any
electrical equipment, he washed down the anchor windlass hydraulic
unit and associated electrical equipment with salt water;
(2) Between the hours of 0000 and 0400 on 19 March 1986, improperly
disrupt engine room operations, to wit: he was observed to be talking | Appeal No. 2460 | Suspension and Revocation Appeals Authority | 11/5/1987 | 11/5/1987 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2459 - LORMAND | This appeal has been taken in accordance with 46 U.S.C. 7702 and
46 CFR 5.701.
By order dated 13 November 1985, an Administrative Law Judge of
the United States Coast Guard at New Orleans, Louisiana, revoked
Appellant's license and Merchant Mariner's Document upon finding
proved the charge of conviction for narcotic drug law violation. The
specification found proved alleges that, being the holder of the
captioned license and document, on or about 27 June 1983, Appellant
was convicted by the 16th Judicial District Court of St. Martin's
Parish, Louisiana for attempted possession of marijuana, barbiturates,
and cocaine with intent to distribute, in violation of the Revised
Statutes of Louisiana.
The hearing was held at New Orleans, Louisiana, on 5 and 13
November 1985.
Appellant appeared at the hearing without counsel and admitted
that he had been convicted as set forth in the specification in issue. | Appeal No. 2459 | Suspension and Revocation Appeals Authority | 10/19/1987 | 10/19/1987 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2458 - GERMAN | This appeal has been taken in accordance with 46 U.S.C. 7702 and
46 CFR 5.701.
By order dated 12 March 1987, an Administrative Law Judge of the
United States Coast Guard at Charleston, South Carolina, revoked
Appellant's merchant mariner's document upon finding proved the charge
of misconduct. The charge was supported by two specifications, both
of which were found proved. The first specification alleged that at
or about 1515 on December 6, 1986, while serving aborad the USNS
SIRIUS, moored at the Naval Station, Norfolk, Virginia, the Appellant,
acting under the authority of the captioned document, wrongfully had
in his possession a dangerous drug, namely marijuana. The second
specification alleges that Appellant, at the same time and date and
while serving in the same capacity, wrongfully had in his possession
an alcoholic beverage, namely beer, in violation of a ship's standing
order.
The hearing was held at Charleston, South Carolina on 12 March
1987.
At the hearing Appellant represented himself and answered admit to the first specification and no contest to the second specification.
The Investigating Officer introduced in evidence six exhibits and
no witnesses were called to testify. | Appeal No. 2458 | Suspension and Revocation Appeals Authority | 10/14/1987 | 10/14/1987 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2472 - GARDNER | This appeal has been taken in accordance with 46 U.S.C. #7702 and
46 CFR #5.701.
By order dated on 28 September 1987, an Administrarive Law Judge
of the United States Coast Guard at Houston, Texas, suspended,
on six months probation, Appellant's Merchant Mariner's License and
Document for a period of one month upon finding proved a Charge
of Misconduct, supported by one specification.
The specification found proved under the Charge of Misconduct
alleged that Appellant, while serving as Master aboard the ferry
CONE JOHNSON, under the authority of the captioned license and
document, did, at or about 2:49 PM local time on 21 June 1987.
while overtaking a sailing vessel on Galveston Bay, a navigable
waterway of the United States, fail to keep out of the way of
the overtaken vessel as required by Rule 13 of the Inland Navigation
Rules, to wit: the ferry CONE JOHNSON's passage did cause the
operator of the sailing vessel to lose control of his vessel. | Appeal No. 2472 | Suspension and Revocation Appeals Authority | 8/6/1987 | 8/6/1987 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2457 - YOUNG | This appeal has been taken in accordance with 46 U.S.C. 7702 and
46 CFR Part 5, Subpart J.
By order of 23 June 1986, and Administrative Law Judge of the
United States Coast Guard at New York, New York, suspended Appellant's
license and merchant mariner's document for four months, remitted on
twelve months probation, upon finding proved the charge of negligence.
The first specification found proved alleges that Appellant, under the
authority of the captioned license, while serving as operator aboard
the M/V MARJORIE B. MCALLISTER, on or about 15 November 1985, failed
safely to navigate the M/V MARJORIE B. MCALLISTER, its tow, the T/B
CIBRO SAVANNAH, and the assist tug M/V WALTON, within the Chelsea
River, Boston Harbor, Massachusetts, contributing to the allision of
the T/B CIBRO SAVANNAH with the fending system of the Chelsea Street
Bridge resulting in damage to the fending system. The second
specification found proved alleges that Appellant, while serving as
stated above, failed safely to navigate the M/V MAJORIE B. MCALLISTER,
contributing to the allision of the T/B CIBRO SAVANNAH with the moored
tug LEIGH ANN REINAUER.
Three other specifications alleging negligence were found not
proved. They alleged that Appellant failed safely to navigate the
flotilla described, contributing to the allision with and damage to
Chelsea River Lighted Buoy No. 2 by the tank barge and the assist tug,
that Appellant failed safely to navigate the assist tug, and that
Appellant failed safely to navigate the flotilla, contributing to the | Appeal No. 2457 | Suspension and Revocation Appeals Authority | 8/5/1987 | 8/5/1987 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2456 - BURKE | This appeal has been taken in accordance with 46 U.S.C. 7702
and 46 CFR P art 5, Subpart J.
By order of 7 October 1986, an Administrative Law Judge of the
United States Coast Guard at Norfolk, Virginia, suspended
Appellant's license and merchant mariner's document outright for
three months, plus six months remitted on probation for twelve
months, upon fining proved the charge of misconduct. The
specification found proved alleges that Appellant did, while acting
under the authority of the captioned documents, on or about 3 March
1986, at the Regional Examination Center, Boston, Massachusetts,
wrongfully submit an application for a raise of grade, form CG-866,
with invalid information on the sea service form, claiming ocean
service onboard the SS LAKE CHARLES when the vessel was in a
"lay-up " status.
The hearing was held at Norfolk, Virginia, on 7 October 1986.
Appellant was present at the hearing, and was represented by
professional counsel. He denied the charge and specification.
The Investigating Officer introduced in evidence the testimony
of five witnesses, and also introduced three exhibits. | Appeal No. 2456 | Suspension and Revocation Appeals Authority | 7/23/1987 | 7/23/1987 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2455 - WARDELL | This appeal has been taken in accordance with 46 U.S.C. 7702 and
46 CFR Part e, Subpart J.
By order of 5 March 1986, an Administrative Law Judge of the
United States Coast guard at Seattle, Washington, suspended
Appellant's license outright for three months upon finding proved the
charge of negligence. The specification found proved alleges that
Appellant did, under the authority of the captioned license, while
serving as pilot aboard the SS GREAT LAND, at or about 1:05 to 1:23
a.m. on 17 March 1985, during the vessel's approach on Cook Inlet and
Knik Arm to Terminal 3. Port of Anchorage City Dock, wrongfully fail
to properly navigate the vessel thereby causing an allision of the
vessel with Terminal 3. Port of Anchorage City Dock.
The hearing was held at Anchorage, Alaska, on 4,5,6, and 7
November 1985. Appellant was present at the hearing, and was
represented by professional counsel. He denied the charge and
specification.
The Investigating Officer introduced in evidence the testimony of
eight witnesses, and also introduced thirty-four exhibits. | Appeal No. 2455 | Suspension and Revocation Appeals Authority | 7/20/1987 | 7/20/1987 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2454 - LYONS | This appeal has been taken in accordance with 46 U.S.C. 7702
and 46 CFR Part 5, Subpart J.
By order of 3 October 1986, an Administrative Law Judge of the
United States Coast Guard at St. Louis, Missouri, suspended
Appellant's license and merchant mariner's document outright for
one year, plus an additional three months remitted on eighteen
months probation, upon finding proved the charge of misconduct.
The specification found proved allege that Appellant did, under the
authority of the captioned license, while serving as pilot aboard
the M/V FEDERAL CALUMET, at or about 8:00 p.m. on 25 November 1985,
wrongfully direct the movement of the vessel in St. Louis Bay,
Superior, Wisconsin, while under the influence of an intoxicant.
The hearing was held at Duluth, Minnesota, on 21 May 1986.
Appellant was present at the hearing, and was represented by
professional counsel. He denied the charge and specification.
The Investigating Officer introduced in evidence the testimony
of three witnesses, and also introduced five exhibits. | Appeal No. 2454 | Suspension and Revocation Appeals Authority | 6/26/1987 | 6/26/1987 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2452 - MORGANDE | This appeal has been taken in accordance with 46 U.S.C. 7702
and 46 CFR 5.701.
By order dated 4 November 1986, as Administrative Law Judge of
the United States Coast Guard at Alameda, California suspended
Appellant's document for a period of 18 months, plus an additional
twelve months suspension on 24 months' probation upon finding
proved the charge of misconduct. The charge found proved was
supported by six specifications.
The first specification alleged that Appellant, while serving
as Able Bodied Seaman aboard S/S Mason LYKES, under authority of
the captioned document, did, on or about 1650, 6 June 1983 while
the vessel was in Apra Harbor, Guam, wrongfully disobey a lawful
command of the Third Mate, in that he refused to go to the bow as
directed. The second specification alleged that Appellant, while
serving in the same capacity on or about 1230, 9 July 1983, while
the vessel was at the Port of Oakland, California, wrongfully
assaulted and battered the Chief Mate, by poking Appellant's finger
into the Chief Mate's chest. The third specification alleged that
Appellant, while serving in the same capacity, on or about 1230 9
July 1983, while the vessel was at the Port of Oakland, California,
wrongfully assaulted and battered the Master by grabbing his arm.
The fourth specification alleged that Appellant, while serving in
the same capacity, on or about 9 July 1983, while the vessel was at
the Port of Oakland, California, wrongfully interfered with the
Master, in his official duty to protect a member of the crew, by refusing to obey the Master's order to leave the ship. The fifth
specification alleged that Appellant, while serving as Able Bodied
Seaman aboard S/S SANTA JUANA, under authority of the captioned
documents, on or about 1030, 17 August 1985 while the vessel was at
sea, wrongfully assaulted and battered a member of the crew by
striking him. | Appeal No. 2452 | Suspension and Revocation Appeals Authority | 6/24/1987 | 6/24/1987 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2453 - WEDGEWORTH | This appeal has been taken in accordance with 46 U.S.C. 7702
and 46 CFR Part 5, Subpart J.
By order dated 3 October 1986, an Administrative Law Judge of
the United States Coast Guard at St. Louis, Missouri, suspended
Appellant's license for four months remitted on twelve months
probation upon finding proved a charge of negligence. The
negligence charge was supported by a specification which alleged
that Appellant, while serving as operator on board the M/V TAMERA
PICKETT, under authority of the captioned document, on or about 26
August 1985, failed to maintain adequate control of said vessel and
tow resulting in an allision with the stationary DREDGE II at
approximately Mile 283 on the Arkansas River.
The hearing was held at Memphis, Tennessee, on 28 May 1986.
Appellant was represented by professional counsel at the
hearing, and denied the charge and specification.
The Investigating Officer introduced in evidence seven
exhibits and the testimony of three witnesses. In defense,
Appellant introduced in evidence four exhibits, his own testimony, | Appeal No. 2453 | Suspension and Revocation Appeals Authority | 6/22/1987 | 6/22/1987 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2451 - PAULSEN | This appeal has been taken in accordance with 46 U.S.C. 7702
and 46 CFR 5.701.
By order dated 21 January 1985, an Administrative Law Judge of
the United States Coast Guard at Alameda, California revoked
Appellant's document upon finding proved the charges of Misconduct
and Use of Narcotics. The misconduct charge was supported by two
specifications. The first alleged that Appellant, while serving as
Fireman/Watertender aboard SS Constitutional, under authority of
the captioned document, did on or about 22 February 1984 while the
vessel was at sea enroute to Nawiliwili, Kauai, wrongfully use
narcotics, to wit: Cocaine. The second misconduct specification
alleged that while serving as in the same capacity at the same time
and place Appellant wrongfully distributed cocaine to a member of
the crew. The specification under the charge of Use of Narcotics
alleged that Appellant, while serving as Fireman/Watertender aboard
SS Constitution, being the holder of captioned document, was on or
about 22 Feb 1984 while the vessel was en route to Nawiliwili,
Kauai, a user of narcotics and did use certain narcotics, to wit:
cocaine.
The hearing was held at Honolulu, Hawaii, on 10, 22, 23, and
24 March 1984. The hearing in this case was consolidated with four
other cases arising from incidents aboard the Constitution. | Appeal No. 2451 | Suspension and Revocation Appeals Authority | 6/11/1987 | 6/11/1987 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2450 - FREDERICKS | This appeal has been taken in accordance with 46 U.S.C. 7702
and 46 CFR 701.
By order dated 22 September 1986, an Administrative Law Judge
of the United States Coast Guard at Norfolk, Virginia revoked
Appellant's license upon finding proved charges of negligence and
misconduct. The negligence charge was supported by two
specifications which alleged that Appellant, while serving as
operator on board the M/V NATIVE SON, on or about 26 April 1986
negligently failed to keep clear while overtaking another vessel,
and negligently crossed the bow of another vessel, thus endangering
the life, limb and property of the passengers and crew aboard the
two vessels. The misconduct charge was supported by two
specifications which alleged that Appellant, while in preparation
for a trip from St. Thomas, U.S. Virgin Islands to Tortola, British
Virgin Islands, on or about 10 May 1986, failed to give a safety
orientation prior to getting underway or to have placards posted as
required by 46 CFR 185.25-1(d), and while acting in the same
capacity on the same date failed to have on board and available for
inspection his license as required by 46 CFR 185.10-1. | Appeal No. 2450 | Suspension and Revocation Appeals Authority | 6/11/1987 | 6/11/1987 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2448 - POWER | This appeal has been taken in accordance with 46 U.S.C. 7702
and 46 CFR 5.30-1.
By order dated 29 May 1985, an Administrative Law Judge of the
United States Coast Guard at New York, New York, suspended
Appellant's license for one month outright, plus and additional two
months remitted on nine months' probation upon finding proved the
charges of misconduct and negligence. The specification under the
misconduct charge alleges that while serving as Docking Pilot
aboard the M/V VERGO, under the authority of the captioned
documents, on or about 1 September 1984, Appellant piloted the
vessel in Newbold Channel, Delaware River, an area beyond the scope
of his license. The specification under the negligence charge
alleges that, while serving in the same capacity on the same date,
Appellant caused the vessel to ground in the Delaware River.
The hearing was held at Philadelphia, Pennsylvania, on 26
March and 16 April 1985.
At the hearing Appellant was represented by professional
counsel and entered a plea of not guilty to the charges and
specifications. | Appeal No. 2448 | Suspension and Revocation Appeals Authority | 6/8/1987 | 6/8/1987 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2449 - VANRIGHT | This appeal has been taken in accordance with 46 U.S.C. 7702 and
46 CFR 5.30-1.
By order dated 5 June 1986, an Administrative Law Judge of the
United States Coast Guard at Houston, Texas, suspended Appellant's
license and merchant mariner's document for six months outright, plus
an additional six months remitted on twelve months' probation upon
finding proved the charge of misconduct. The charge was supported buy
two specifications, both of which were found proved. The first
specification alleged that on or about 17 January 1986, Appellant,
while serving as second assistant engineer aboard the SS OVERSEAS
ALASKA, under the authority of the captioned documents, while the
vessel was at sea and Appellant was on watch, wrongfully failed to
obey the direct order of the first assistant engineer in that
Appellant failed to leave the engine room area and go to the operating
platform. The second specification alleges that Appellant, on the
same date and while serving in the same capacity, wrongfully assaulted
the first assistant engineer with a hammer, and assaulted and battered
the first assistant engineer with his fists, resulting in injury to
the first assistant engineer. | Appeal No. 2449 | Suspension and Revocation Appeals Authority | 6/8/1987 | 6/8/1987 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2447 - HODNETT | This appeal has been taken in accordance with 46 USC 7702 and
46 CFR 5.701.
By order dated 16 January 1986, an Administrative Law Judge of
the United States Coast Guard at Jacksonville, Florida, suspended
Appellant's license for two months, remitted on twelve months'
probation upon finding proved the charge of misconduct. The charge
was supported by two specifications. The first specification found
proved alleges that Appellant, while serving as operator aboard the
M/V BELCHER PENSACOLA, under the authority of the captioned
document, on or about 18 July 1984, wrongfully failed to give
notice as soon as possible to the nearest Coast Guard Marine Safety
Office of the accidental grounding of tank barge Belcher No. 35,
under tow of the BELCHER PENSACOLA, as required by 46 CFR 4.05-1.
The second specification found proved alleges that Appellant, while
acting in the same capacity, on or about 19 July 1984, after an
underwater survey and the unauthorized repair of tank barge Belcher
No. 35 at Key West, Florida, wrongfully failed to make known to
officials designated to enforce inspection laws, at the earliest
opportunity, a marine casualty producing serious injury to said
tank barge. | Appeal No. 2447 | Suspension and Revocation Appeals Authority | 4/10/1987 | 4/10/1987 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2446 - WATSON | This appeal has been taken in accordance with 46 USC 7702 and
46 CFR 5.701.
By order dated 11 July 1986, an Administrative Law Judge of
the United States Coast Guard at St. Louis, Missouri, suspended
Appellant's license for four months outright plus an additional
four months remitted on twelve months' probation upon finding
proved the charge of misconduct. The specification found proved
alleges that on or about September 1, 1985, Appellant, while
serving as operator aboard the M/V ETTA KELCE, under the authority
of the captioned document, failed to post a proper lookout, a
violation of Rule 5 of the Inland Rules of the Road, at
approximately Mile 44 on the Kanawha River, West Virginia.
The hearing was held at St. Louis, Missouri on 15 April 1986.
At the hearing Appellant was represented by professional
counsel and denied the charge and specifications.
The Investigating Officer introduced in evidence four exhibits
and the testimony of two witnesses. | Appeal No. 2446 | Suspension and Revocation Appeals Authority | 3/19/1987 | 3/19/1987 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2445 - MATHISON | This appeal has been taken in accordance with 46 USC 7702 and
46 CFR 5.701.
By order dated 16 January 1986, an Administrative Law Judge of
the United States Coast Guard at Jacksonville, Florida, suspended
Appellant's license for two months, remitted on twelve months'
probation upon finding proved the charge of misconduct. The
specification found proved alleges that Appellant, while serving as
operator aboard the M/V BELCHER PENSACOLA, under the authority of
the captioned document, on or about 20 July 1984, after an
underwater survey and the unauthorized repair of tank barge Belcher
No. 35 at Key West, Florida, wrongfully failed to make known to
officials designated to enforce inspection laws, at the earliest
opportunity, a marine casualty producing serious injury to said
tank barge in violation of 46 USC 3315.
The hearing was held at Miami, Florida. on 13 March 1985.
At the hearing Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification. | Appeal No. 2445 | Suspension and Revocation Appeals Authority | 3/6/1987 | 3/6/1987 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2444 - RABATSKY | This appeal has been taken in accordance with 46 USC 7702 and 46
CFR 5.701.
By order dated 11 July 1986, an Administrative Law Judge of the
united States Coast Guard at St. Louis, Missouri, suspended Appellant's
license for three months remitted on twelve months' probation upon
finding proved the charge of misconduct. The specification found proved
alleges that on or about June 26, 1985, Appellant, while serving as
operator aboard the M/V JOHN M. SELVICK, under the authority of the
captioned document, operated the vessel and two on Lake Michigan during
a period of darkness without ensuring that the tow was equipped with
adequate navigational sidelights as required by Rules 22 and 24 of the
Inland Navigational Rules.
The hearing was held at Chicago, Illinois on 20 March 1986.
At the hearing Appellant was represented by professional counsel
and denied the charge and specification.
The Investigating Officer introduced in evidence ten exhibits and
the testimony of one witness. | Appeal No. 2444 | Suspension and Revocation Appeals Authority | 2/10/1987 | 2/10/1987 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2443 - BRUCE | This appeal has been taken in accordance with 46 USC 7702 and
46 CFR 5.701.
By order dated 28 April 1986, an Administrative Law Judge of
the United States Coast Guard at Jacksonville, Florida, suspended
Appellant's license outright for one month, plus an additional six
months remitted on twelve months' probation upon finding proved the
charge of negligence. The specification alleges that Appellant,
while serving as operator aboard the M/V MIRIAM M. DEFELICE, under
the authority of the captioned document, failed to properly attain
and/or use available weather information prior to proceeding to sea
with the M/V MIRIAM M. DEFELICE and the tow GULF FLEET 263,
contributing to the failure of the towing connection and grounding
of the barge GULF FLEET 263. A second specification under the
charge of negligence, alleging a failure to properly examine towing
gear, was found not proved and was dismissed.
The hearing was held at Jacksonville, Florida, on 21 and 30
January 1986. | Appeal No. 2443 | Suspension and Revocation Appeals Authority | 1/5/1987 | 1/5/1987 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2442 - ALLBRITTEN | This appeal has been taken in accordance with 46 USC 7702 and
46 CFR 5.701.
By order dated 6 November 1985, an Administrative Law Judge of
the United States Coast Guard at Jacksonville, Florida, suspended
Appellant's license for one month remitted on three months'
probation upon finding proved the charge of negligence. The
specification found proved alleges that Appellant, while serving as
operator aboard the M/V MIRIAM M. DEFELICE, under the authority of
the captioned document, while the vessel was towing the barge GULF
FLEET 263 and navigating in conditions of fog and restricted
visibility on the St. Johns River, failed to navigate the vessel
with caution causing the barge to strike the Buckman Bridge.
The hearing was held at Jacksonville, Florida, on 2 August; 5,
13 and 20 September; and 2 October 1985.
At the hearing Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification. | Appeal No. 2442 | Suspension and Revocation Appeals Authority | 12/16/1986 | 12/16/1986 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2440 - LYONS | This appeal has been taken in accordance with 46 CFR 5.707.
By order dated 3 October 1986, an Administrative Law Judge of
the United States Coast Guard at St. Louis, Missouri, suspended
Appellant's license and merchant mariner's document for one year
outright, plus an additional three months on eighteen months'
probation upon finding proved the charge of misconduct. The
specification found proved alleged that Appellant, while serving as
Pilot on board the M/V FEDERAL CALUMET, on or about 25 November
1985, wrongfully directed the movement of the vessel while under
the influence of an intoxicant.
On 13 October 1986, Appellant filed a notice of appeal and
requested a temporary license pending approval. The Administrative
Law Judge denied the request by order dated 22 October 1986. | Appeal No. 2440 | Suspension and Revocation Appeals Authority | 12/10/1986 | 12/10/1986 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2441 - HESTER | This appeal has been taken in accordance with 46 U.S.C. 7702
and 46 CFR 5.30-1.
By order dated 26 September 1985, an Administrative Law Judge
of the United States Coast Guard at New Orleans, Louisiana, revoked
Appellant's license upon finding proved the charge of "conviction
of a narcotic drug law violation." The specification found proved
alleges that, being the holder of the captioned document, on or
about 15 December 1983, Appellant was convicted by the State of
Mississippi, Circuit Court of Jackson County, of possession of
marijuana.
The hearing was held at New Orleans, Louisiana, on 25
September 1985.
Appellant appeared at the hearing without counsel. The
Administrative Law Judge entered on Appellant's behalf an answer of
denial to the charge and specification.
The Investigating Officer introduced in evidence five
exhibits. | Appeal No. 2441 | Suspension and Revocation Appeals Authority | 12/10/1986 | 12/10/1986 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2439 - FREDERICKS | This appeal has been taken in accordance with 46 CFR 5.707.
By order dated 22 September 1986, an Administrative Law Judge
of the United States Coast Guard at Norfolk, Virginia, revoked
Appellant's license upon finding proved charges of negligence and
misconduct. The negligence charge was supported by two
specifications which alleged that Appellant, while serving as
operator on board the M/V NATIVE SON, on or about 26 April 1986
negligently failed to keep clear while overtaking another vessel,
and negligently crossed the bow of another vessel, thus endangering
the life, limb and property of the passengers and crew aboard the
two vessels. The misconduct charge was supported by two
specifications which alleged that Appellant, while in preparation
for a trip from St. Thomas, U. S. Virgin Islands to Tortola,
British Virgin Islands, on or about 10 May 1986, failed to give a
safety orientation prior to getting underway or to have placards
posted as required by 46 CFR 185.25-1(d), and while acting in the
same capacity on the same date failed to have on board and
available for inspection his license as required by 46 CFR
185.10-1. | Appeal No. 2439 | Suspension and Revocation Appeals Authority | 12/5/1986 | 12/5/1986 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2438 - TURNER | This appeal has been taken in accordance with 46 U.S.C. 7702
and former 46 CFR 5.30-1 (currently 46 CFR Part 5, Subpart J).
By order dated 19 July 1985, an Administrative Law Judge of
the United States Coast Guard at Houston, Texas, suspended
Appellant's license for six months upon finding proved the charges
of negligence and misconduct. The negligence specifications found
proved alleges that Appellant, while serving as operator aboard the
M/V GULF QUEEN, under authority of the captioned document, did on
or about 9 March 1985 fail to sound proper whistle signals, while
said vessel was at anchor in an area of restricted visibility, at
or near 28°55'N and 92°52'W in the Gulf of Mexico. The misconduct
specification found proved alleges that Appellant did, on or about
8 March 1985, proceed on a voyage of greater than 12 hours, without
the required number of licensed operators on board, at or near
28°55'N and 92°52'W in the Gulf of Mexico.
The hearing was held at Port Arthur, Texas, on 15 April 1985.
At the hearing, Appellant was represented by professional counsel
and entered a plea of not guilty to the charges and supporting
specifications. | Appeal No. 2438 | Suspension and Revocation Appeals Authority | 11/24/1986 | 11/24/1986 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2435 - BABER | This appeal has been taken in accordance with 46 U.S.C. 7702
and 46 CFR 5.701.
By order dated 22 January 1985, an Administrative Law Judge of
the United States Coast Guard at Miami, Florida, revoked
Appellant's license upon finding proved the charge of conviction
for a narcotic drug law violation. The specification found proved
alleges that, being the holder of the captioned document, on or
about 12 August 1983, Appellant was convicted by the Circuit Court
of Broward County, Florida for possession of cocaine, in violation
of F.S. 893.03(2)(a)(4) and F.S. 893.13(1)(e).
The hearing was held at Miami, Florida, on 22 January 1985.
Appellant appeared at the hearing without counsel and entered
a plea of guilty to the charge and specification.
The Investigating Officer introduced in evidence five
exhibits.
Appellant introduced in evidence one exhibit and his own
testimony. | Appeal No. 2435 | Suspension and Revocation Appeals Authority | 10/14/1986 | 10/14/1986 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2436 - STAFFNEY | This appeal has been taken in accordance with 46 USC 7702 and
46 CFR 5.701.
By order dated 1 November 1985, an Administrative Law Judge of
the United States Coast Guard at Jacksonville, Florida, suspended
Appellant's license for one month, remitted on three months'
probation, upon finding proved the charge of misconduct. The first
specification found proved alleges that Appellant, under the
authority of the captioned license, between 22 and 27 January 1985,
wrongfully operated the vessel ZENOVIA carrying passengers for hire
while the vessel was documented exclusively for pleasure, in
violation of 46 CFR 67.45-19. The second specification found
proved alleges that Appellant, under the authority of the captioned
license, during the same time period, wrongfully operated the
ZENOVIA carrying passengers for hire while liquified petroleum gas
was used, in violation of 46 CFR 25.45-1(a), 46 CFR 147.03-11 and
46 CFR 147.05-100 Table S. | Appeal No. 2436 | Suspension and Revocation Appeals Authority | 10/14/1986 | 10/14/1986 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2434 - CORVELEYN | This appeal has been taken in accordance with 46 U.S.C. 7702
and 46 CFR 5.701.
By order dated 7 March 1986, an Administrative Law Judge of
the United States Coast Guard at Alameda, California, suspended
Appellant's license for six months remitted on twelve months'
probation upon finding proved the charge of Violation of
Regulation. The specification found proved alleges that while
serving as Master aboard the S.S. AMERICAN SPITFIRE, under the
authority of the captioned document, on or about 17 December 1985,
Appellant sailed from Midway Island in the Pacific Ocean with
incompatible cargo stowage in hold no. 2. The specification
further alleges that certain Class X-A explosives were incompatibly
stowed with certain Class VII explosives, in that the two were
separated by a structure made of wood boards that did not meet the
minimum requirements for a partition bulkhead, in violation of 46
CFR 146.29-51(a) and (b), the chart accompanying 46 CFR 146.29-99
and 46 CFR 146.29-100, and the definition of a partition bulkhead
at 46 CFR 146.29-11(c)(36). A second specification also alleging
a violation of regulation was found not proved and was dismissed by
the Administrative Law Judge. | Appeal No. 2434 | Suspension and Revocation Appeals Authority | 10/1/1986 | 10/1/1986 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2433 - BARNABY | This appeal has been taken in accordance with 46 U.S.C. 7702
and 46 CFR 5.701.
By order dated 3 February 1986, an Administrative Law Judge of
the United States Coast Guard at St. Louis, Missouri, revoked
Appellant's license upon finding proved the charges of "conviction
of a narcotic drug law violation" and "misconduct." The first
specification found proved alleges that, being the holder of the
captioned document, on or about 22 December 1978, Appellant was
convicted in the Circuit Court of Cook County, Illinois for
possession of cannabis, a dangerous drug with intent to distribute
a controlled dangerous substance, to wit: marijuana. The second
specification found proved alleges that Appellant, while making
application to the U.S. Coast Guard Regional Examination Center,
Toledo, Ohio for renewal of his license, misrepresented the
particulars of his prior record by failing to reveal a prior
conviction for possession of cannabis. | Appeal No. 2433 | Suspension and Revocation Appeals Authority | 9/22/1986 | 9/22/1986 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2432 - LEON | This appeal has been taken in accordance with 46 U.SC. 7702
and former 46 CFR 5.30-1 (currently 46 CFR Part 5, Subpart J).
By order dated 18 June 1985, an Administrative Law Judge of
the United States Coast Guard at Norfolk, Virginia, revoked
Appellant's merchant mariner's document upon finding proved a
charge of misconduct. The charge was supported by three
specifications which alleged that appellant, while serving as A.B.
on board the S.S. STONEWALL JACKSON, on or about 1 February 1985
wrongfully failed to perform his duty as lookout by being asleep on
watch; on or about 3 February 1985 wrongfully failed to perform his
duty as lookout by not timely relieving the watch; and on or about
19 February 1985 had in his possession marijuana.
The hearing was held at Norfolk, Virginia, on 19 March, 2
April, 24 April, 15 May, and 21 May 1985. At the hearing,
Appellant was represented by professional counsel and entered a
plea of not guilty to the charges and supporting specifications.
The Investigating Officer introduced in evidence five exhibits
and the testimony of one witness. In defense, Appellant testified
on his own behalf, and introduced in evidence one exhibit and the
testimony of one additional witness. | Appeal No. 2432 | Suspension and Revocation Appeals Authority | 9/4/1986 | 9/4/1986 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2431 - HERNANDEZ | This appeal has been taken in accordance with 46 U.S.C. 7702 and
46 CFR 5.30-1 (currently 46 CFR Part 5, Subpart J).
By order dated 28 February 1985, an Administrative Law Judge of
the United States Coast Guard at Houston, Texas, suspended Appellant's
document for one month outright plus an additional two months'
suspension on ten months' probation upon finding proved the charges of
misconduct and inattention to duty. The misconduct charge was
supported by two specifications. The specifications found proved
allege that Appellant, while serving as person in charge aboard T/B
NMS 1906, under authority of the captioned documents, on or about
1655, 27 January 1985, (1) did fail to insure that the cargo tank
butterworth covers were securely shut prior to cargo transfer
resulting in an oil spill into the Calcasieu River (33 CFR
156.120(e)), and (2) did transfer oil from said barge without the
required oil transfer procedures. The inattention to duty
specification found proved alleges that Appellant, while serving as
aforesaid, did fail to insure both of the required fire extinguishers
were in serviceable condition prior to cargo oil transfer.
The hearing was held at Port Arthur, Texas, on 19 February 1985.
At the hearing, Appellant appeared without professional counsel and
entered a plea of not guilty to the charges and supporting
specifications.
The Investigating Officer introduced in evidence six exhibits and
the testimony of two witnesses. In defense, Appellant introduced in
evidence two exhibits.
The Administrative Law Judge rendered a written Decision and
Order on 28 February 1985. He concluded that the charge and
specifications of misconduct and the charge and specification of
inattention to duty had been proved and suspended Appellant's document
for one month outright plus an additional two months' suspension on
ten months' probation. | Appeal No. 2431 | Suspension and Revocation Appeals Authority | 8/21/1986 | 8/21/1986 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2428 - NEAT | This appeal has been taken in accordance with 46 U.S.C. 7702
and 46 CFR 5.30-1.
By order dated 23 July 1958, an Administrative Law Judge of
the United States Coast Guard at Jacksonville, Florida, revoked
Appellant's license upon finding proved the charge of "narcotics
conviction." The specification found proved alleges that, being
the holder of the captioned document, on or about 12 June 1987,
Appellant was convicted by the Twenty-fourth Judicial District
Court, Parish of Jefferson, State of Louisiana, a court of record,
for knowingly and intentionally possessing with intent to
distribute a controlled dangerous substance, to wit: marijuana. A
second charge, alleging misconduct, was found not proved.
The hearing was held at Miami, Florida, on 23 July 1985.
Appellant appeared at the hearing without counsel and entered
a plea of not guilty to the charge and specification.
The Investigating Officer introduced in evidence two exhibits. | Appeal No. 2428 | Suspension and Revocation Appeals Authority | 8/7/1986 | 8/7/1986 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2429 - ROBERTS | This appeal has been taken in accordance with 46 U.S.C. 7702
and 46 CFR 5.30-1.
By order dated 10 June 1985, an Administrative Law Judge of
the United States Coast Guard at New York, New York, admonished
Appellant upon finding proved the charge of misconduct. The
specification found proved alleges that while serving as pilot
aboard the Greek flag M/V VERGO, under the authority of the
captioned documents, on 4 September 1984, Appellant piloted the
vessel on the Delaware River from Fairless Steel Works, Trenton,
New Jersey, to Philadelphia, Pennsylvania, an are beyond the scope
of his license. Aa second charge, alleging negligence, was found
not proved and was dismissed.
The hearing was held at Philadelphia, Pennsylvania, on 28
March, 18 April, and 8 May 1985.
At the hearing Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification. | Appeal No. 2429 | Suspension and Revocation Appeals Authority | 8/5/1986 | 8/5/1986 | | 11/30/2017 |