| Suspension and Revocation Appeals Authority | 2347 - WILLIAMS, A. D | This appeal has been taken in accordance with Title 46 U.S.C.
239(g) and 46 CFR 5.30-1.
By order dated 26 January 1983, and Administrative Law Judge
of the United States Coast Guard at New York, NY suspended
Appellant's seaman's documents for one month, plus two months on
nine months' probation, upon finding him guilty of misconduct. The
specifications found proved allege that while serving as Qualified
Member of the Engine Department (QMED) on board the SS CHESTNUT
HILL under authority of the document above captioned, on or about
9 December 1982, Appellant uttered abusive language toward the
Third Assistant Engineer and on or about 29 November 1982 failed to
stand his assigned watch.
The hearing was held at Philadelphia, PA on 12 January 1983.
At the hearing, Appellant was represented by non-professional
counsel and entered a plea of guilty to the charge and
specification alleging failure to stand his watch and not guilty to
uttering abusive language to the Third Assistant Engineer.
The Investigating Officer introduced in evidence the testimony
of three witnesses and three exhibits.
Appellant offered no evidence in defense. | Appeal No. 2347 | Suspension and Revocation Appeals Authority | 4/11/1984 | 4/11/1984 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2332 - LORENZ | This appeal has been taken in accordance with Title 46 U.S.C.
239(g) and 46 CFR 5.30-1.
By order dated 26 April 1982, an Administrative Law Judge of
the United States Coast Guard at Houston, Texas suspended
Appellant's license for one month, on six months' probation, upon
finding him guilty of negligence. The specification found proved
alleges that while serving as Chief Engineer on board the United
States vessel SS AMERICAN HAWK under authority of the above
captioned license, on or about 23 January 1982, Appellant did fail
to maintain a proper quantity of fuel on board the vessel to
complete the voyage which commenced on 12 January 1982 from
Jacksonville, Florida. As a result the vessel lost all power
adjacent to the Galveston Bay Entrance Channel Lighted Buoy 7A,
hazarding navigation and the vessel.
The hearing was held at Galveston, Texas on 23 March 1982.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification. | Appeal No. 2332 | Suspension and Revocation Appeals Authority | 12/5/1983 | 12/5/1983 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2216 - SORENSEN | This appeal has been taken in accordance with Title 46 U.S.C.
239(g) and 46 CFR 5.30-1.
By order dated 26 April 1979, an Administrative Law Judge of
the United States Coast Guard at Baltimore, Maryland, admonished
Appellant upon finding him guilty of negligence. The specification
found proved alleged that while serving as pilot on board the SS
CHANCELLORSVILLE under authority of the captioned documents, on or
about 9 December 1978, Appellant failed to navigate with caution in
the vicinity of Courthouse Point, Maryland, thereby resulting in
said vessel running around.
The hearing was held at Baltimore, Maryland, on 24, 25
January, and 8, 14 and 15 February 1979.
At the hearing Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced in evidence the testimony
of two witnesses and five documents. | Appeal No. 2216 | Suspension and Revocation Appeals Authority | 5/29/1980 | 5/29/1980 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2289 - ROGERS | This appeal has been taken in accordance with Title 46 U.S.C.
239(g) and 46 CFR 5.30-1.
By order dated 23 September 1981, an Administrative Law Judge
of the United States Coast Guard at Port Arthur, Texas revoked the
seaman's document of Appellant, upon finding her guilty of
misconduct. The specifications found proved allege that, while
serving as a Steward/Utility on board USNS MAUMEE under authority
of the document above captioned, Appellant (1) did on 18 January
1981 while said vessel was at sea, wrongfully assault with a
dangerous weapon, to wit, a pair of scissors, a member of the crew,
John M. Wilson; and (2) did on 12, 13, 14, and 15 January 1981
while said vessel was at sea, wrongfully refuse to perform her
duties by "not turning to."
Appellant did not appear at the hearing. The Administrative
Law Judge entered a plea of not guilty to the charge and each
specification.
The Investigating Officer introduced in evidence nine
documents including certified copies of official log entries of the
USNS MAUMEE. | Appeal No. 2289 | Suspension and Revocation Appeals Authority | 2/27/1983 | 2/27/1983 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2314 - CREWS | This appeal has been taken in accordance with Title 46 U.S.C.
239(g) and 46 CFR 5.30-1.
By order dated 23 April 1981, an Administrative Law Judge of
the United States Coast Guard at Jacksonville, Florida, revoked
Appellant's document, upon finding him guilty of misconduct. One
specification found proved alleged that while serving as Bosun on
board the SS SANTA LUCIA under authority of the document above
captioned, on or about 2 November 1980, Appellant wrongfully
assaulted and battered a fellow crewmember by striking him in the
face with his fist. A second specification found proved alleged a
simple assault on 3 November 1980 on another crewmember.
Additionally found proved are four specifications of either
wrongful absence or wrongful failure to perform duties, none of
which exceeds one day in duration, between 23 October 1980 and 2
January 1981.
The hearing, in four sessions, was held at New York, New York
on 12 January and 16 January 1981 and at Jacksonville, Florida on
30 January and 15 April 1981.
At the hearing, Appellant elected to act as his own counsel
and entered a plea of not guilty to the charge and to
specifications one through five and of guilty to specification six
alleging a wrongful failure to report for duty at 0800 and 1300, 2
January 1981 while the SS SANTA LUCIA was at anchor at Callao,
Peru. | Appeal No. 2314 | Suspension and Revocation Appeals Authority | 5/23/1983 | 5/23/1983 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2296 - SABOWSKI | This appeal has been taken in accordance with Title 46 U.S.C.
239(g) and 46 CFR 5.30-1.
By order dated 22 September 1980, an Administrative Law Judge
of the United States Coast Guard at New York, New York, suspended
Appellant's license No. 500466 for three months, on twelve months'
probation, upon finding him guilty of negligence. The
specifications found proved alleged that while serving as Master on
board the United States SS EXXON CHESTER under authority of the
license above captioned, on or about 18 June 1979, Appellant
wrongfully failed: (1) to navigate said vessel at a safe speed
adapted to the prevailing conditions of visibility; (2) to take
avoiding action in ample time to avoid collision; and, (3) to
reduce the speed of said vessel to the minimum at which she would
be kept on course, upon having heard the fog signal of another
vessel apparently forward of the beam.
The hearing was held at New York City on 19 March, and
continued on 20 March, 10 April, and 15 April 1980.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and each pecification.
The Investigating Officer introduced in evidence 25 exhibits
and the testimony of one witness. | Appeal No. 2296 | Suspension and Revocation Appeals Authority | 3/20/1983 | 3/20/1983 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2294 - TITTONIS | This appeal has been taken in accordance with Title 46 U.S.C.
239(g) and 46 CFR 5.30-1.
By order dated 22 July 1981, an Administrative Law Judge of
the United States Coast Guard at Norfolk, Virginia suspended
Appellant's seaman's documents for twelve months, and awarded an
additional suspension of twelve months on twelve months' probation,
upon finding him guilty of negligence. The specifications found
proved allege that while serving as Master on board SS LASH
ATLANTICO under authority of the captioned license on or about 6
May 1981, Appellant negligently failed to navigate at a safe speed,
negligently failed to use all available means to determine if a
risk of collision existed or a close quarters situation was
developing, and negligently made a succession of small course
alterations thereby contributing to the collision of SS LASH
ATLANTICO and M/V HELLENIC CARRIER.
The hearing was held at Norfolk, Virginia on 27, 28, and 29
May and 29 June 1981.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and specifications.
The Investigating Officer introduced in evidence the testimony
of three witnesses, two photographs, a chart, and two other
documents. He also requested the Administrative Law Judge to take
judicial notice of the International Regulations for Preventing
Collisions at Sea, 1972, Title 33 U.S.C. foll.1602 (hereafter
cited COLREGS, 1972, Rule ). | Appeal No. 2294 | Suspension and Revocation Appeals Authority | 3/29/1983 | 3/29/1983 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2292 - COLE | This appeal has been taken in accordance with Title 46 U.S.C.
239(g) and 46 CFR 5.30-1.
By order dated 22 July 1981, an Administrative Law Judge of
the United States Coast Guard at Jacksonville, Florida suspended
Appellant's captioned license for two months, plus six months on
twelve months' probation, upon finding him guilty of misconduct and
negligence. The specifications of Charge 1 (misconduct), found
proved, alleged that while serving as operator/person in charge on
board the United States M/V GREEN COVE O.N. 587880, under authority
of the license above captioned, from 16 March 1981 to 24 March
1981, Appellant wrongfully undertook a voyage in excess of 12 hours
with one licensed operator and did wrongfully absent himself from
the wheelhouse for a period of approximately 1-1/2 hours on 23
March 1981, leaving the responsibility of navigation of the vessel
and tow to an unlicensed deckhand. The specification of Charge II
(negligence), found proved, alleged that while serving as above on
23 March 1981, Appellant failed to post a proper watch in said
vessel's pilot house thereby contributing to the collision between
its tow and M/B FL 8158 BN, with loss of life. | Appeal No. 2292 | Suspension and Revocation Appeals Authority | 3/4/1983 | 3/4/1983 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2307 - GABOURY | This appeal has been taken in accordance with Title 46 U.S.C.
239(g) and 46 CFR 5.30-1.
By order dated 22 July 1980, an Administrative Law Judge of
the United States Coast Guard at Boston, Massachusetts, suspended
Appellant's license for one month, on twelve months' probation,
upon finding him guilty of negligence. The specification found
proved alleges that while serving as Master on board the United
States T/V ALLEGIANCE under authority of the license above
captioned, on 19 December 1979, Appellant operated or allowed the
said vessel to be operated in an unsafe condition in that the
following hazardous conditions existed:
1. Excessive cargo product accumulation in the bilges of
the amidships pumproom;
2. No. 10 cargo pump in aft pumproom leaking from both
shafts;
3. No. 11 cargo pump in aft pumproom leaking excessively
from packing gland;
4. No. 5 cargo pump suction line holed and leaking in amidships pumproom;
5. No. 5 cargo line riser valve in amidships pumproom
leaking;
6. No. 12 cargo pump discharge riser in aft pumproom
repaired with a cement patch;
7. Port bulkhead stop valve on suction line in aft
pumproom leaking through packing gland.
The hearing was held at Melville, Rhode Island and Boston,
Massachusetts on 28 January, 11 and 26 February, 11 March, 16 April
and 12 June 1980. | Appeal No. 2307 | Suspension and Revocation Appeals Authority | 5/9/1983 | 5/9/1983 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2341 - SCHUILING | This appeal has been taken in accordance with Title 46 U.S.C.
239(g) and 46 CFR 5.30-1.
By order dated 22 December 1982, an Administrative Law Judge
of the United States Coast Guard at Wilmington, N.C. admonished
Appellant upon finding him guilty of misconduct. The
specifications found proved allege that while serving as Chief
Engineer on board the United States vessel SS JACKSONVILLE under
authority of the license above captioned, on or about 8 October
1982, Appellant failed to notify the Officer in Charge, Marine
Inspection, Baltimore, Maryland, that the main propulsion motor of
the vessel was flooded, that on 8 October 1982 he allowed repairs
to be made to the main motor without the cognizance of the Officer
in Charge, Marine Inspection, and that on or about 13 October 1982,
Appellant failed to immediately notify the Officer in Charge,
Marine Inspection, Wilmington, N.C., of the failure at sea of the
vessel's main motor.
The hearing was held at Wilmington, N.C., on 4 November 1982. | Appeal No. 2341 | Suspension and Revocation Appeals Authority | 2/6/1984 | 2/6/1984 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2328 - MINTZ | This appeal has been taken in accordance with Title 46 U.S.C.
239(g) and 46 CFR 5.30-1.
By order dated 21 July 1981, an administrative Law Judge of
the United States Coast Guard at Long Beach, California suspended
Appellant's seaman's documents for two months, plus three months on
nine months' probation, upon finding him guilty of misconduct. The
specification found proved alleges that, while serving as Officer's
Bedroom Steward on board the SS PRESIDENT McKINLEY under authority
of the above captioned document, on or about 4 May 1981, Appellant
wrongfully failed to perform his assigned duties by absenting
himself from his duty station without permission at 1300 hours.
The hearing was held at Long Beach, California on 2 and 30
June 1981.
At the hearing, Appellant elected to act as his own counsel
and entered a plea of not guilty to the charge and specifications.
The Investigating Officer introduced four documents into
evidence. | Appeal No. 2328 | Suspension and Revocation Appeals Authority | 10/4/1983 | 10/4/1983 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2319 - PAVELEC | This appeal has been taken in accordance with Title 46 U.S.C.
239(g) and 46 CFR 5.30-1.
By order dated 21 January 1982, an Administrative Law Judge of
the United States Coast Guard at Houston, Texas suspended
Appellant's license for one month, plus two months on nine months'
probation, upon finding him guilty of negligence. The
specification found proved alleges that while serving as Operator
on board the M/V CANDY STORE under authority of the license above
captioned, on or about 5 November 1981, Appellant failed to
maintain a proper lookout which contributed to the collision
between the M/V CANDY STORE and the F/V MISS LAVON.
The hearing was held at Port Arthur, Texas on 8 December 1981.
At the hearing, Appellant was represented by profesional
counsel and entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced in evidence the testimony
of three witnesses and one exhibit. | Appeal No. 2319 | Suspension and Revocation Appeals Authority | 9/6/1983 | 9/6/1983 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2308 - GRAY | This appeal has been taken in accordance with Title 46 U.S.C.
239(g) and 46 CFR 5.30-1.
By order dated 20 September 1982, an Administrative Law Judge
of the United States Coast Guard at Long Beach, California
suspended Appellant's License for three months, on twelve months'
probation, upon finding him guilty of misconduct. The
specification found proved alleges that while serving as Ocean
Operator aboard the United States vessel C. DOMINATOR under
authority of the license above captioned, on various dates between
12 May and 6 July 1982, Appellant wrongfully operated said vessel,
a passenger vessel, without having on board an unexpired
Certificate of Inspection.
The hearing was held at Long Beach, California on 20 September
1982.
At the hearing, Appellant elected to act as his own counsel
and entered a plea of not guilty to the charge and specification. | Appeal No. 2308 | Suspension and Revocation Appeals Authority | 5/5/1983 | 5/5/1983 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2299 - BLACKWELL III | This appeal has been taken in accordance with Title 46 U.S.C.
239(g) and 46 CFR 5.30-1.
By order dated 20 February 1981, an Administrative Law Judge
of the United States Coast Guard at Jacksonville, Florida revoked
Appellant's license upon finding him guilty of misconduct, Four
specifications under a charge of misconduct, Charge II, were found
proved. They allege that while serving on board the M/V CAN'T
MISS, O.N. 294101, under authority of the Ocean Operator's license
above captioned, on or about 12 April 1980, Appellant wrongfully
operated the vessel while carrying passengers:
1. By operating beyond the scope of the route authorized
on the vessel's Certificate of Inspection, to wit: over
20 miles from shore, in violation of 46 U.S. Code 390(b);
2. By using a portable gasoline stove for cooking in
violation of 46 U.S.Code 170 and 46 Code of Federal
Regulations 184.05-1;
3. By operating with unserviceable life preservers in
violation of 46 U.S. Code 390(b) and 46 Code of Federal Regulations 180.25; and
4. By operating with improperly secured life saving
equipment, to wit: water light attached to buoyant
apparatus was tied to the vessel in such a manner as to
preclude being readily launched, in violation of 46 U.S.
Code 390(b) and 46 Code of Federal Regulations 180.15-1
and 180.20-1. | Appeal No. 2299 | Suspension and Revocation Appeals Authority | 4/7/1983 | 4/7/1983 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2349 - CANADA | This appeal has been taken in accordance with Title 46 U.S.C.
239(g) and 46 CFR 5.30-1.
By order dated 2 June 1981, an Administrative Law Judge of the
United States Coast Guard at Port Arthur, Texas, suspended
Appellant's Ocean Operator's license and Merchant Mariner's
document for one month on three months' probation, upon finding him
guilty of negligence. The specification found proved alleges that,
while serving as Operator on board the M/V WANDA LOUISE under
authority of the above captioned licenses and document on or about
3 April 1981, Appellant failed to properly supervise the transfer
of oil within the vessel which failure resulted in the discharge of
about 1,000 gallons of oil into the Calcasieu River, a navigable
waterway of the United States.
The hearing was held at Port Arthur, Texas on 12 May 1981.
At the hearing, Appellant was represented by non-professional
counsel and entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced four exhibits and the
testimony of one witness into evidence.
In defense, Appellant offered his own testimony, the testimony
of one witness and four exhibits. | Appeal No. 2349 | Suspension and Revocation Appeals Authority | 5/11/1984 | 5/11/1984 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2261 - SAVOIE | This appeal has been taken in accordance with Title 46 U.S.C.
239(g) and 46 CFR 5.30-1.
By order dated 19 June 1979, an Administrative Law Judge of
the United States Coast Guard at Boston, Massachusetts, suspended
Appellant's license for two months upon finding him guilty of the
charges of misconduct and negligence. The specifications found
proved alleged that while serving as Master on board SS FORT WORTH,
O.N. 247276, under authority of the documents above captioned, on
or about 21 February 1979, Appellant while navigating the vessel in
the Taunton River, Fall River, Massachusetts, negligently failed to
insure that the vessel's position was fixed and plotted on the
chart of the area as required by 33 CFR 164.11, thereby
contributing to the grounding of the vessel; and that while engaged
as aforeside Appellant wrongfully failed to notify the nearest
Marine Inspection Officer as soon as possible of the grounding of
the vessel in the Taunton, Fall River, Massachusetts, as required
by 46 CFR 4.05-1.
The hearing was held at Providence, Rhode Island, on 12 March
and 17-18 April 1979. | Appeal No. 2261 | Suspension and Revocation Appeals Authority | 8/12/1981 | 8/12/1981 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2280 - ARNOLD | This appeal has been taken in accordance with Title 46 U.S.C.
239(g) and 46 CFR 5.30-1.
By order dated 18 September 1981, an Administrative Law Judge
of the United States Coast Guard at Long Beach, California, revoked
Appellant's seaman's documents upon finding him guilty of
misconduct and physical incompetence. The specifications found
proved alleged that Appellant while serving as crew messman aboard
the SS AUSTRAL LIGHTING, under authority of the captioned document,
(1) did on or about 6 June 1981 fail to perform his assigned
duties, by not serving breakfast; (2) did on or about 10 June 1981
while the vessel was in Sydney, Australia, fail to perform his
duties, by not serving supper; (3) did on or about 10 June 1981
while the vessel was in Sydney, Australia fail to join for the
continued voyage to Melbourne, Australia; (4) did on or about 20
June 1981, fail to perform his duties for reasons of intoxication;
(5) did on or about 21 June 1981, fail to perform his duties for
reasons of intoxication; (6) did on or about 22 June 1981 while
vessel was in Brisbane, Australia, fail to join for the continued
voyage to San Francisco, California; (7) was on or about 21 June
1981 while the vessel was in port at Brisbane, Australia, and at
the time of the hearing was, physically incompetent to perform the duties of an American merchant seaman due to diabetes mellitus,
pancreatitis, and alcohol abuse. | Appeal No. 2280 | Suspension and Revocation Appeals Authority | 7/22/1982 | 7/22/1982 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2346 - WILLIAMS | This appeal has been taken in accordance with Title 46 U.S.C.
239(g) and 46 CFR 5.30-1.
By order dated 17 May 1982, an Administrative Law Judge of the
United States Coast Guard at Seattle, Washington revoked
Appellant's seaman's document upon finding him guilty of
misconduct. The specification found proved alleges that while
serving under authority of the document above captioned, on or
about 12 February 1982, Appellant wrongfully and fraudulently
presented to the U.S. Coast Guard Marine Safety Office, Portland,
Oregon, his Merchant Mariner's Document wrongfully altered in
violation of 18 U.S.C. 2197 by the addition of a "Demac"
endorsement, in an attempt to obtain a duplicate document with an
endorsement to which he was not entitled.
The hearing was held at Seattle, Washington on 11 May 1982.
At the hearing, Appellant elected to act as his own counsel
and entered a plea of not guilty to the charge and the
specification.
The Investigating Officer introduced in evidence the testimony
of two witnesses and eleven documentary exhibits.
In defense, Appellant offered in evidence his own testimony.
At the end of the hearing, the Administrative Law Judge
rendered an oral decision in which he concluded that the charge and
the specification has been proved. He then served a written order
on Appellant revoking all documents issued to Appellant. | Appeal No. 2346 | Suspension and Revocation Appeals Authority | 3/30/1984 | 3/30/1984 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2355 - RHULE | This appeal has been taken in accordance with Title 46 U.S.C.
239(g) and 46 CFR 5.30-1.
By order dated 17 March 1982, and Administrative Law Judge of
the United States Coast Guard at Jacksonville, Florida, revoked
Appellant's license upon finding him guilty of conviction for a
narcotic drug law violation. The specification found proved
alleges that Appellant, while holder of the captioned license, was
convicted on 10 August 1981 of possession of narcotics, to wit,
cannabis, by the Circuit Court of the Seventeenth Judicial Circuit
for Broward County, Florida.
The hearing was held in Miami, Florida on 12 March 1982. At
the hearing, Appellant represented himself and entered a plea of
not guilty to the charge and specification.
The Investigating Officer introduced into evidence two
documents.
In defense, Appellant introduced various items of documentary
evidence and made an unsworn statement in mitigation. | Appeal No. 2355 | Suspension and Revocation Appeals Authority | 6/5/1984 | 6/5/1984 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2217 - QUINN | This appeal has been taken in accordance with Title 46 U.S.C.
239(g) and 46 CFR 5.30-1.
By order dated 17 December 1979, an Administrative Law Judge
of the United States Coast Guard at Jacksonville, Florida,
suspended Appellant's license for 6 months on 12 month's probation,
upon finding him guilty of misconduct and negligence. The
specification of negligence found proved alleges that while serving
as operator on board the M/V PANTHER under authority of the license
above captioned, on or about 25 April 1979, Appellant did, while
said vessel was navigating on the Intercoastal Waterway at
Hillsboro Inlet, Florida, fail to safely navigate said vessel in
such a manner as to preclude the barges she was pushing from
colliding with the Helen S. Marina, the F/V HELEN S, and various
other vessels moored at the Helen S. Marina. The specification of
misconduct found proved alleges that while serving as operator of
the M/V PANTHER, Appellant did, on or about 24 April 1979
wrongfully operate the M/V PANTHER as master of said vessel without
having endorsed the vessel's Certificate of Registry as required by
46 U.S.C. 40.
The hearing was held at Miami, Florida, on 10 and 11 July
1979.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charges and each
specification. | Appeal No. 2217 | Suspension and Revocation Appeals Authority | 5/29/1980 | 5/29/1980 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2278 - BELTON | This appeal has been taken in accordance with Title 46 U.S.C.
239(g) and 46 CFR 5.30-1.
By order dated 16 November 1981, an Administrative Law Judge
of the United States Coast Guard at Norfolk, Virginia, suspended
Appellant's license for two months plus six months on eight months'
probation upon finding him guilty of negligence. The specification
found proved alleges that while serving as operator on board United
States M/V CROCHET No. 2 under authority of the license above
captioned, on or about 7 June 1981, Appellant negligently navigated
said vessel causing a barge the vessel was towing to allide with
the grounded S/V TALOFA LEE, damaging the pleasure craft.
A hearing was held at Norfolk, Virginia, on 15 October 1981
and continued on 19 October 1981.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and each
specification.
The Investigating Officer introduced in evidence the testimony
of four witnesses and four exhibits. | Appeal No. 2278 | Suspension and Revocation Appeals Authority | 7/14/1982 | 7/14/1982 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2243 - TRIGG | This appeal has been taken in accordance with Title 46 U.S.C.
239(g) and 46 CFR 5.30-1.
By order dated 16 January 1980, an Administrative Law Judge of
the United States Coast Guard at New York, New York, suspended
Appellant's license for one month, plus two months on nine months'
probation, upon finding him guilty of the charge of "inattention to
duty." The specification found proved alleges that while serving
as Second Assistant Engineer on board SS AMERICAN ARGOSY under
authority of the document and license above described, on or about
24 May 1979, while the vessel was in Baltimore, Appellant
negligently failed to adequately conduct oil transfer between No.
7 starboard fuel oil tank and No. 2 starboard settling tank,
causing overflow of the settling tank into Baltimore Harbor and
pollution of navigable waters of the United States (about 2
barrels).
The hearing was held at New York, New York, on 20 June, 20
July, 16 August and 20 September 1979.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and specification.
The Investigating Officer's evidence consisted of the
testimony of one witness, the engine log, and documents concerning
tank loading.
In defense, Appellant offered his own testimony. Appellant
also offered one document which was not admitted. | Appeal No. 2243 | Suspension and Revocation Appeals Authority | 4/2/1981 | 4/2/1981 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2337 - NYBORG | This appeal has been taken in accordance with Title 46 U.S.C.
239(g) and 46 CFR 5.30-1.
By order dated 16 February 1983, an Administrative Law Judge
of the United States Coast Guard at Long Beach, California
admonished Appellant. The specification found proved alleges that
while serving as Pilot on board the United States SS SAN MARCOS and
directing the movements of said vessel under authority of the
license above captioned, on or about 12 May 1981, Appellant failed
to initiate adequate and timely evasive maneuvers to avoid
collision with the F/V SANDRA LINN while overtaking said vessel in
the vicinity of the Bay Bridge in San Francisco Bay.
The hearing was held at San Francisco, California, on 28 July,
11,21,26 and 31 August 1981.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty.
The Investigating Officer introduced in evidence several
documents and the testimony of three witnesses. | Appeal No. 2337 | Suspension and Revocation Appeals Authority | 1/6/1984 | 1/6/1984 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2231 - AUSTIN | This appeal has been taken in accordance with Title 46 U.S.C.
239(g) and 46 CFR 5.30-1.
By order dated 15 November 1979, an Administrative Law Judge
of the United States Coast Guard at Boston, Massachusetts, revoked
Appellant's seaman's document upon finding him guilty of
misconduct. The specification found proved alleged that while
serving as Day Maintenanceman aboard SS EXPORT BANNER under
authority of the document above captioned, on or about 13 August
1976, while said vessel was in the port of Brooklyn, New York,
Appellant wrongfully had in his possession certain narcotics, to
wit, marijuana and opium.
The hearing was held at Baltimore, Maryland, on 24 July 1979,
and in Boston on 14 August and 27-28 September 1979.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification.
The Investigation Officer introduced in evidence nine
documents.
In defense, Appellant offered in evidence his own testimony
and the testimony of seven other witnesses.
After the hearing, the Administrative Law Judge rendered a written decision in which he concluded that the charge and
specification had been proved. He then served a written order on
Appellant revoking all documents issued to him. | Appeal No. 2231 | Suspension and Revocation Appeals Authority | 9/16/1980 | 9/16/1980 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2219 - BUFORD | This appeal has been taken in accordance with Title 46 U.S.C.
239(g) and 46 CFR 5.30-1.
By order dated 15 June 1978, an Administrative Law Judge of
the United States Coast Guard at Galveston, Texas, suspended
Appellant's seaman's documents for two months, plus three months on
six months' probation, upon finding him guilty of misconduct. The
specification found proved alleges that while serving as Chief Cook
on board SS MERRIMAC under authority of the seaman's document above
captioned, on or about 30 April 1978, Appellant wrongfully
assaulted and battered a member of the crew by throwing hot soup
upon him, causing the crewmember to suffer an injury.
The hearing was held at Galveston, Texas, on 2 June 1978.
The hearing was held in absentia when the Appellant
did not show up at the time and place of the hearing. A plea of
not guilty to the charge and specification was entered on his
behalf.
The Investigating Officer introduced in evidence the following
pieces of documentary evidence: (a) Affidavit of Service and Recitation of Rights, (b) Certification of Shipping Articles, (c)
certified photocopy of page 39 of the Official Log of the SS
MERRIMAC of April 30, 1978, (d) signed statement of Ricky Carter,
(e) signed statement of Clinton Cleveland, (f) signed statement of
Juan Oguendo, and (g) signed statement of Bert Winfield. The
Investigating Officer did not introduce any live witnesses. | Appeal No. 2219 | Suspension and Revocation Appeals Authority | 6/16/1980 | 6/16/1980 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2316 - MCNAUGHTON | This appeal has been taken in accordance with Title 46 U.S.C.
239(g) and 46 CFR 5.30-1.
By order dated 15 January 1981, an Administrative Law Judge of
the United States Coast Guard at Boston, Massachusetts admonished
Appellant upon finding him guilty of negligence. The specification
found proved alleged that while serving as master on board S.S. BAY
STATE under authority of the documents above captioned, on or about
29 July 1980, Appellant allowed said vessel to sail with
insufficient metacentric height to meet the requirements set forth
in the vessel's Trim and Stability Booklet.
The Hearing was held at Boston, Massachusetts on 21 October,
13 November, and 8 December 1980, and 6 January 1981.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced in evidence 8 exhibits
and the testimony of 2 witnesses including an expert on the
calculation of metacentric height.
In defense, Appellant offered in evidence 4 exhibits, his own
testimony, and the testimony of one other witness. | Appeal No. 2316 | Suspension and Revocation Appeals Authority | 8/31/1983 | 8/31/1983 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2326 - MCDERMOTT | This appeal has been taken in accordance with Title 46 U.S.C.
239(g) and 46 CFR 5.30-1.
By order dated 14 May 1982, an Administrative Law Judge of the
United States Coast Guard at Long Beach, California suspended
Appellant's license for two months on six months' probation, upon
finding him guilty of negligence. The specification found proved
alleges that while serving as person in charge of oil transfer
operations on board the United States SS SANTA MAGDALENA under
authority of the license above captioned, on or about 6 May 1981,
Appellant negligently allowed oil to be transferred to number 4
deep tank, thereby allowing a discharge of approximately one gallon
of oil into the navigable waters of the United States.
At the hearing on 22 July 1981, Appellant was represented by
professional counsel and entered a plea of not guilty to the charge
and specification.
The Investigating Officer introduced in evidence the testimony
of one witness and three exhibits. | Appeal No. 2326 | Suspension and Revocation Appeals Authority | 9/28/1983 | 9/28/1983 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2325 - PAYNE | This appeal has been taken in accordance with Title 46 U.S.C.
239(g) and 46 CFR 5.30-1.
By order dated 14 July 1982, an Administrative Law Judge of
the United States Coast Guard at Norfolk, Virginia, admonished
Appellant upon finding him guilty of negligence. The specification
found proved alleges that, while serving as Operator on board the
M/V ISABEL A. McCALLISTER, under authority of the captioned license
on 1 February 1982, Appellant did, at or near the City of
Portsmouth in the Commonwealth of Virginia on the Elizabeth River,
negligently fail to safely navigate said vessel in such a manner as
to preclude it from alliding with the Elizabeth River Portsmouth
Marine Terminal Bouy NR4 (LLP 332).
The hearing was held at Norfolk, Virginia on 22 April and 14
July 1982.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification. | Appeal No. 2325 | Suspension and Revocation Appeals Authority | 9/29/1983 | 9/29/1983 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2257 - MALANAPHY | This appeal has been taken in accordance with Title 46 U.S.C.
239(g) and 46 CFR 5.30-1.
By order dated 14 July 1980, an Administrative Law Judge of
the United States Coast Guard at Seattle, Washington, suspended
Appellant's seaman's documents for two months on eight months'
probation, upon finding him guilty of the charge of misconduct.
The specification found proved alleges that while serving as Chief
Mate on board the M/V WALLA WALLA, under authority of the license
above captioned, on or about 10 May 1980, Appellant failed to
respond promptly to a passenger's timely summons for help, thereby
being unavailable to avert an assault which subsequently occurred,
resulting in injury to a crew member.
The hearing was held at Seattle, Washington, on 30 June and 1
July 1980.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced in evidence the testimony
of four witnesses and nine documents.
In defense, Appellant offered in evidence the testimony of
three person, including his own, and one document. | Appeal No. 2257 | Suspension and Revocation Appeals Authority | 6/10/1981 | 6/10/1981 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2301 - SIEMS | This appeal has been taken in accordance with Title 46 U.S.C.
239(g) and 46 CFR 5.30-1.
By order dated 14 April 1981, an Administrative Law Judge of
the United States Coast Guard at Seattle, Washington revoked
Appellant's seaman's document upon finding him guilty of the charge
of "conviction for a narcotic drug law violation." The
specification found proved alleges that Appellant, while the holder
of the captioned document, was convicted on II December 1980, of
conspiracy to deliver a controlled substance, in the Superior
Court of the State of Washington for Kitsap County.
The hearing was held at Seattle, Washington on 17 March and 14
April 1981.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced four documents into
evidence including a certified copy of the order of the Superior
Court of the State of Washington for Kitsap County which deferred sentence and granted probation.
Appellant offered nothing in his own defense.
At the end of the hearing, on 14 April 1981, the
Administrative Law Judge rendered an oral decision in which he
concluded that the charge and specification had been proved. He
then served a written order on Appellant revoking all documents
issued to Appellant.
The order was served on Appellant in an open hearing on 14
April 1981. The complete decision and order was served on counsel
on 30 April 1981. Appeal was timely filed on 20 April 1981 and
perfected on 28 July 1981. | Appeal No. 2301 | Suspension and Revocation Appeals Authority | 4/13/1983 | 4/13/1983 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2335 - PRIDGEN | This appeal has been taken in accordance with Title 46 U.S.C.
239(g) and 46 CFR 5.30-1.
By order dated 13 May 1980, an Administrative Law Judge of the
United States Coast Guard at Boston, Massachusetts suspended
Appellant's license and document for four months, upon finding him
guilty of negligence and misconduct. The specification of the
negligence charge alleges that while serving as pilot of the M/V
GREAT LAKES, under authority of the license and document above
captioned, on or about 9 October 1979, Appellant navigated that
vessel in a negligent manner by allowing it to allide with moored
construction barges at the Brightman Street Bridge, Fall River,
Massachusetts. The specification of the misconduct charge alleges
that while Appellant was serving as pilot he did so without a
proper endorsement on his license.
The Master of the vessel, Egil K. Pedersen, was also charged
with negligence and misconduct.
The hearing was held in joinder with that of the Master at
Providence, Rhode Island on 12 October 1979, 8 November 1979, 11
December 1979 and 4 January 1980. | Appeal No. 2335 | Suspension and Revocation Appeals Authority | 12/9/1983 | 12/9/1983 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2271 - HAMILTON | This appeal has been taken in accordance with Title 46 U.S.C.
239(g) and 46 CFR 5.30-1.
By order dated 12 February 1981, an Administrative Law Judge
of the United States Coast Guard at Houston, Texas, revoked
Appellant's seaman's documents upon finding him guilty of
misconduct. The specification found proved in part alleged that
while serving as Chief Cook on board SS TEXACO MARYLAND under
authority of the document above captioned, on or about November 24,
1979, Appellant, while said vessel was proceeding to anchorage in
New York Harbor, did wrongfully assault and batter with a
potentially dangerous weapon, to wit: a stateroom metal trashcan,
a member of the crew, Robert M. Jannah (also known as Robert I.
Muhammed).
The hearing was held at Corpus Christi, Texas, on 20 January
1981.
At the hearing, Appellant elected to act as his own counsel
and entered a plea of not guilty to the charge and specification. | Appeal No. 2271 | Suspension and Revocation Appeals Authority | 3/2/1982 | 3/2/1982 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2259 - ROGERS | This appeal has been taken in accordance with Title 46 U.S.C.
239(g) and 46 CFR 5.30-1.
By order dated 12 December 1980, an Administrative Law Judge
of the United States Coast Guard at St. Louis, Missouri, suspended
Appellant's license for one month on twelve months' probation, upon
finding him guilty of negligence. The specification found proved
alleged that while serving as operator on board M/V CITY OF
PITTSBURGH under authority of the license above captioned, on or
about 1 October 1980, Appellant failed to maintain a proper watch
on river conditions, which contributed to the grounding of tank
barge AO-98 due to falling river conditions.
The hearing was held at Louisville, Kentucky, on 19 November
1980.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced in evidence the testimony
of two witnesses and seven documents. | Appeal No. 2259 | Suspension and Revocation Appeals Authority | 7/29/1981 | 7/19/1981 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2260 - BOGGAN | This appeal has been taken in accordance with Title 46 U.S.C.
239(g) and 46 CFR 5.30-1.
By order dated 12 December 1979, an Administrative Law Judge
of the United States Coast Guard at Mobile, Alabama, suspended
Appellant's documents outright for two months, plus four months on
twelve months' probation, upon finding him guilty of misconduct.
The specification found proved alleged that while serving as First
Assistant Engineer on board SS INTREPID under authority of the
documents above captioned, on or about 11 September 1979, Appellant
wrongfully deserted the vessel at a foreign port, to wit: Guam,
Mariana Islands.
The hearing was held at Mobile, Alabama, on 16 November 1979.
At the hearing, Appellant elected to act as his own counsel
and entered a plea of not guilty to the charge and specification.
The Investigating Officer introduced in evidence four
exhibits. | Appeal No. 2260 | Suspension and Revocation Appeals Authority | 7/30/1981 | 7/30/1981 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2188 - GILLIKIN | This appeal has been taken in accordance with Title 46 U.S.C.
239(g) and 46 CFR 5.30-1.
By order dated 11 May 1978, an Administrative Law Judge of the
United States Coast Guard at New York, New York, after a hearing at
New York, New York, on 16 March and 31 March 1978, suspended
Appellant's license for a period of three (3) months on probation
for twelve (12) months upon finding him guilty of inattention to
duty. The one specification of inattention to duty found proved
alleged that while serving as master aboard TS PRINCESS BAY,
Appellant did, on or about 3 November 1977, while said vessel was
transferring gasoline at the Phillips Fuel Company, Hackensack, New
Jersey, and while acting as the person in charge of the transfer
operation, wrongfully fail to provide flame screens or proper
supervision for open cargo tank hatches as required by 46 Code of
Federal Regulations 35.30-10.
At the hearing, Appellant was represented by professional
counsel. Appellant entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced into evidence the
testimony of one witness, three documents, and a series of four
color photographs depicting PRINCESS BAY.
In defense, Appellant introduced into evidence his own
testimony. | Appeal No. 2188 | Suspension and Revocation Appeals Authority | 2/27/1980 | 2/27/1980 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2357 - GEESE | This appeal has been taken in accordance with Title 46 U.S.C.
239(g) and 46 CFR 5.30-1.
By order dated 11 March 1983, an Administrative Law Judge of
the United States Coast Guard at Alameda, California, suspended
Appellant's license and merchant mariner's document for a period of
six months, remitted on twelve months probation, upon finding him
guilty of misconduct. Three specifications were found proved. The
first alleges that on 7 February 1982, Appellant, while serving as
second mate on board the SS PRESIDENT MADISON under authority of
the above captioned documents, failed to perform his duties due to
intoxication. The second and third specifications allege failure
to obey direct orders of the Master to go below after being
relieved of his bridge watch.
The hearing was initially convened on board the SS PRESIDENT
MADISON at San Francisco, California on 16 August 1982, and
continued at Alameda, California on 9 November 1982, 7 February
1983, and 14 February 1983.
At the hearing, Appellant was represented by professional
counsel. Appellant entered a plea of not guilty to the charge and
specifications.
The investigating Officer introduced into evidence the
testimony of three witnesses and several documents. | Appeal No. 2357 | Suspension and Revocation Appeals Authority | 6/8/1984 | 6/8/1984 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2273 - SILVERMAN | This appeal has been taken in accordance with Title 46 U.S.C.
239(g) and 46 CFR 5.30-1.
By order dated 10 July, 1980, an Administrative Law Judge of
the United States Coast Guard at San Francisco, California,
suspended Appellant's United States Coast Guard Merchant Mariner's
Document No. [REDACTED]-D3 for six months outright plus an
additional period of six months on twelve months' probation, upon
finding him guilty of two specifications of misconduct, assault and
battery and disobedience of a lawful order. The specifications
found proved alleged that while serving as Fireman/Watertender
onboard SS JOHN LYKES, under authority of the captioned document
Appellant did, on or about 18 February 1980, assault and battery
the Second Assistant Engineer, and on or about 11 February 1980 did
fail to obey a lawful order of the Second Assistant Engineer by
changing fuel oil strainers in the engine room without permission.
A second specification of failure to obey an order was found not
proved.
The hearing was held at San Francisco, California, in seven
sessions between 5 May 1980 and 3 July 1980. | Appeal No. 2273 | Suspension and Revocation Appeals Authority | 4/8/1982 | 4/8/1982 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2331 - ELLIOTT | This appeal has been taken in accordance with Title 46 U.S.C.
239(g) and 46 CFR 5.30-1.
By order dated 1 June 1982, an Administrative Law Judge of the
United States Coast Guard at Norfolk, Virginia revoked Appellant's
seaman's document upon finding him guilty of misconduct. The
specification found proved alleges that while serving as Able
Bodied Seaman on board the SS BUTTON GWINNETT under authority of
the captioned document on or about 5 March 1982, Appellant did,
aboard said vessel while at sea in the vicinity of Jeddah, Saudi
Arabia, wrongfully assault and batter a fellow member of the crew,
Dennis P. Carter, with a knife.
The hearing was held at Norfolk, Virginia on 12 May 1982.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced three documents, a chair,
a drawing and the testimony of two witnesses into evidence. | Appeal No. 2331 | Suspension and Revocation Appeals Authority | 11/25/1983 | 11/25/1983 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2198 - HOWELL | This appeal has been taken in accordance with title 46 U.S.C.
239(g) and 46 CFR 5.30-1.
By order dated 1 August 1978, an Administrative Law Judge of
the United States Coast Guard at Seattle, Washington, after a
hearing at Seattle, on 22 May and 31 July 1978, suspended
Appellant's document for a period of six months and further
suspended it for a period of six months on twelve months' probation
upon finding him guilty of misconduct. The three specifications of
the charge of misconduct found proved allege (1) that Appellant
while serving as able-bodied seaman aboard SS OVERSEAS JUNEAU,
under authority of the captioned document, did, on or about 31
October 1977, while said vessel was at sea, wrongfully have
intoxicating liquor in his possession; (2) that Appellant, while
serving as aforesaid, did act in a disrespectful manner towards the
Master and the Chief Mate, to wit: using foul and abusive
language; and, (3) that Appellant, while serving as aforesaid, did
wrongfully assault Frank Airey, a member of the crew, by
brandishing his fist in a threatening manner and offering to
inflict bodily harm.
At the hearing, Appellant was represented by professional
counsel. Appellant entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced into evidence the
testimony of two witnesses and four documents, including copies of two pages of the official log book of SS OVERSEAS JUNEAU.
Appellant testified in his own defense.
Subsequent to the hearing, the Administrative Law Judge
entered a written decision in which he concluded that the charge
and specification as alleged had been proved. He then entered an
order of suspension for a period of six months and further
suspension for a period of six months on probation for twelve
months.
The decision was served on 7 August 1978. Appeal was timely
filed on 27 September 1978, and perfected on 28 December 1978. | Appeal No. 2198 | Suspension and Revocation Appeals Authority | 3/27/1980 | 3/27/1980 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2304 - HABECK | This appeal has been taken in accordance with Title 46 U.S.C.
239(g) and 46 CFR 5.30-1.
By order date II June 1981, an Administrative Law Judge of the
United States Coast Guard at New York, New York suspended
Appellant's mariner's license for three months, on twelve months'
probation, upon finding him guilty of negligence. The
specification found proved alleged that, while serving as Master on
board the United States SS CHARLESTON under authority of the
license above captioned, on or about 4 April 1980, Appellant failed
to properly supervise the vessel's bridge watch, which contributed
to the grounding of the vessel. Appellant was also charged with
failure to verify the vessel's position. However, this
specification was dismissed at the end of the Investigating
Officer's case upon motion by Counsel.
The hearing was held at New York, New York on 22 and 27
August; 9 and 30 September; 7, 14 and 25 November; and 5 December
1980; 26 Jan; 6 and 25 February; 6 and 24 March; 2 April; and 19
and 20 May 1981.
At the hearing, Appellant was represented by professional counsel and entered a plea of not guilty to the charge and each
specification.
The Investigating Officer introduced in evidence five
exhibits.
In defense, Appellant offered in evidence one exhibit and
testified in his own behalf. | Appeal No. 2304 | Suspension and Revocation Appeals Authority | 5/9/1983 | 5/9/1983 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2359 - WAINE | This appeal has been taken in accordance with Title 46 U.S.C.
239(g) and 46 CFR 5.30-1.
By order date 15 December 1981, an Administrative Law Judge of
the United States Coast Guard at Boston, Massachusetts, suspended
Appellant's license for four months, plus four months on twelve
months' probation, upon finding him guilty of negligence and
misconduct. The specifications found proved under the charge of
negligence allege that while serving as Master on board the United
States M/V AURIGA, Appellant on or about 10 August 1981, while
navigating in conditions of fog and restricted visibility:
(1) failed to obtain, or properly use, information available
to him from radar observations to determine the course and
speed of another vessel in his vicinity, thereby contributing
to a collision with the SS NAUSHON;
(2) failed to use the bridge-to-bridge radiotelephone to
determine the course and speed of another vessel in his
vicinity, thereby contributing to a collision;
(3) failed to navigate with caution during fog, notwithstanding the fact that information of the proximity and
approach of another vessel was available to him from radar
observations. | Appeal No. 2359 | Suspension and Revocation Appeals Authority | 6/12/1984 | 6/12/1984 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2270 - HEBERT | This appeal has been taken in accordance with Title 46 U.S.C.
239(g) and 46 CFR 5.30-1.
By order date 12 February 1981, an Administrative Law Judge of
the United States Coast Guard at Houston, Texas, suspended
Appellant's seaman's documents for two months, plus two months on
four months' probation, upon finding him guilty of negligence. The
specifications found proved alleged that (1) while serving as
operator on board the United States M/V CAPT. JOHN under authority
of the documents above captioned, on or about 1900 hours 10
December, 1979, Appellant failed to navigate said vessel with
caution by not providing an adequate lookout when his vessel's
visibility was restricted by the barge it was pushing, contributing
to a collision, (2) while serving as aforesaid, fail to navigate
said vessel with caution by not keeping to that side of the
midchannel which was on the starboard side of said vessel,
contributing to a collision, and (3) while serving as aforesaid
fail to sound the appropriate whistle signals, all while navigating
on the Neches River, Texas, in the general vicinity of Port Neches
Park and Jefferson Chemical Company Docks.
The hearing was held at Port Arthur, Texas, on 7 October 1980,
29 October 1980, 13 November 1980 and 26 November 1980.
At the hearing, Appellant was represented by non-professional
counsel and entered a plea of not guilty to each charge and
specification. | Appeal No. 2270 | Suspension and Revocation Appeals Authority | 1/19/1982 | 1/19/1982 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2350 - HINCHCLIFFE | This appeal has been taken in accordance with Title 46 U.S.C. 239(g) and 46 CFR 5.30-1.
By order dated 28 April 1983, an Administrative Law Judge of the United States Coast Guard at Jacksonville, Florida revoked Appellant's license upon finding proved the charge of “conviction for a narcotic drug law violation.” The specification found proved alleged that Appellant, while holder of the above captioned license, was convicted on 11 January 1983 by the United States District Court for the District of Maryland of conspiracy to import marijuana.
The hearing was held at Key West, Florida, on 28 April 1983.
At the hearing, Appellant was represented by professional counsel and entered a plea of not guilty to the charge and specification.
The Investigating Officer introduced into evidence a certified copy of the Judgment of the Court, a copy of the Indictment, and an Affidavit of Service of the charge sheet.
In defense, Appellant offered in evidence his own testimony, the testimony of two additional witnesses, and several documents.
At the hearing, the Administrative Law Judge rendered a decision in which he concluded that the charge and specification had been proved by plea.
The Decision and Order revoking Appellant's license was served on 14 May 1983. Notice of Appeal was timely filed on 24 May 1983 and perfected on 1 August 1983. | Appeal No. 2350 | Suspension and Revocation Appeals Authority | 5/9/1984 | 5/9/1984 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2358 - BUISSET | This appeal has been taken in accordance with Title 46 U.S.C,.
239(g) and 46 CFR 5.30-1.
By order dated 29 October 1982, an Administrative Law Judge of
the United States Coast Guard at Norfolk, Virginia suspended
Appellant's license for six months on twelve months' probation,
upon finding him guilty of misconduct and negligence. The
specifications found proved under the charge of misconduct allege
that while serving as Operator on board the United States M/V
SHARON B. under authority of the license above captioned, on or
about 24 July, while said vessel was pushing the barge JEANNE MARIE
in the Tangier Sound, Appellant wrongfully failed to maintain a
proper lookout and wrongfully failed to take action to avoid a
collision with the 19 foot motorboat, Registration No. MD-9267-P.
The specification found proved under the charge of negligence
alleges that while serving as aforementioned, on the same date,
while said vessel was pushing the barge JEANNE MARIE in the Tangier
Sound, Appellant failed to navigate the vessel with due caution,
thereby causing a collision with the 19 foot motorboat,
Registration No. MD-9267-P. | Appeal No. 2358 | Suspension and Revocation Appeals Authority | 6/8/1984 | 6/8/1984 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2284 - BRAHN | This appeal has been taken in accordance with Title 46 U.S.C
239(g) and 46 CFR 5.30-1.
By order dated 19 September 1980, an Administrative Law Judge
of the United States Coast Guard at Norfolk, Virginia admonished
Appellant upon finding him guilty of negligence. The two
specifications found proved allege that while serving as operator
on board M/V KELLEY, O.N. 299658, under authority of the license
above captioned, on or about 18 August 1980, Appellant while
transiting the intracoastal waterway, North Landing River, failed
to maintain control of his tow, the Barge LOVELAND 6, resulting in
two allisions, one at 0150 with the Pungo Ferry Bridge and the
other at 0545 with the Great Bridge Bridge in the
Albermarle-Chesapeake Canal.
The hearing was held at Norfolk, Virginia on 3 September 1980.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and each
specification. | Appeal No. 2284 | Suspension and Revocation Appeals Authority | 10/8/1982 | 10/8/1982 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2269 - WIJNGAARDE | This appeal has been taken in accordance with Title 46 U. S.
C. 239(g) and 46 CFR 5.30-1.
By order dated 8 January 1981, an Administrative Law Judge of
the United States Coast Guard at New York, New York, revoked
Appellant's seaman's document upon finding him guilty of the charge
of misconduct. The two specifications found proved alleged that
"while serving as electrician on board the AUSTRAL ENVOY, on 10
December 1979, while the vessel was in the port of Melbourne,
Australia, he wrongfully failed to perform his assigned duties
between the hours of 1045-1200, and 1300-1700."
The hearing was held at New York, New York, on 4 December
1980.
The Appellant was present at the hearing and was represented
by professional counsel. He entered a plea of not guilty to the
charge and each specification.
The Investigating Officer introduced in evidence two
documents.
Appellant introduced in evidence his own testimony.
Subsequent to the hearing, the Administrative Law Judge
entered a written decision in which he concluded that the charge
and two specifications had been proved. He then entered an order
of suspension for one month and an additional five months on twelve months' probation. | Appeal No. 2269 | Suspension and Revocation Appeals Authority | 12/16/1981 | 12/16/1981 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2277 - BANASHAK | This appeal has been taken in accordance with Title 46 U. S.
C. 239(g) and 46 CFR 5.30-1.
By order dated 28 May 1980, an Administrative Law Judge of the
United States Coast Guard at Houston, Texas, suspended Appellant's
documents for two months on four months' probation upon finding him
guilty of negligence. The specifications found proved allege that
while serving as operator on board M/V GULF HAWK under authority of
the document and license above captioned, on or about 24 February
1980, Appellant: 1)failed to navigate his vessel with due caution
by directing the movement of the vessel and tow to port in a close
quarters situation, thereby contributing to a collision between SS
TEXAS SUN and GULF HAWK's tow; and, 2)failed properly to utilize
the radar while visibility was restricted.
The hearing was held at Port Arthur, Texas, on 19 March 1980.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and each
specification.
The Investigating Officer introduced in evidence two exhibits
and the testimony of one witness.
Appellant offered no evidence in defense.
At the end of the hearing, the Administrative Law Judge
reserved decision. He subsequently entered findings that the
charge and two specifications had been proved. He then served a
written order on Appellant suspending all documents issued to him
for a period of two months on four months' probation.
The entire decision was served on 29 May 1980. Appeal was
timely filed on 23 June 1980 and perfected on 7 November 1980. | Appeal No. 2277 | Suspension and Revocation Appeals Authority | 6/29/1982 | 6/29/1982 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2268 - HANKINS | This appeal has been taken in accordance with Title 46 U. S.
C. 239(g) and 46 CFR 5.30-1.
By order dated 2 September 1980, an Administrative Law judge
of the United States Coast Guard at Houston, Texas, suspended
Appellant's license for two months, and further suspended his
documents for three months on twelve months' probation, upon
finding him guilty of negligence. The specifications found proved
alleged that while serving as Operator onboard the tug DOMAR
CAPTAIN under authority of the license above captioned, on or about
21 June 1980, Appellant failed to insure that the barge DOMAR 118
was properly secured for sea, and on or about 21-27 June 1980,
failed to adequately check the DOMAR 118 while he had it on a 1500
to 1800 foot tow. The specifications allege that both failures
contributed to the sinking of the DOMAR 118 and subsequent oil
pollution into the navigable waters of the United States on 27 June
1980.
The hearing was held at Tampa, Florida, on 4 August 1980.
At the hearing, Appellant was represented by professional
counsel and entered a plea of guilty to the charge and each specification. | Appeal No. 2268 | Suspension and Revocation Appeals Authority | 12/3/1981 | 12/3/1981 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2017 - TROCHE | This appeal has been taken in accordance with Title 46 States
Code 239(g) and Title 46 Code of Federal Regulations 137.30-1, now
5.30-1.
By order dated 4 October 1973, an Administrative Law Judge of
the United States Coast Guard at San Francisco, California, revoked
Appellant's seaman's documents upon finding him guilty of
misconduct. The specification found proved allege that while
serving as an oiler on board the United States SS ELIZABETHPORT
under authority of the document above captioned, on or about 18 May
1973, Appellant did wrongfully assault and batter with a dangerous
weapon, to wit, a knife, a member of the crew, Pedreu C. Lewis,
while said vessel was at sea.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and each
specification.
The Investigating Officer introduced in evidence shipping
articles, entries from the official logbook, and the testimony of
two witnesses. | Appeal No. 2017 | Suspension and Revocation Appeals Authority | 3/11/1975 | 3/11/1975 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2072 - HOPKINS | This appeal has been taken in accordance with Title 46 Code of
Federal Regulations, Section 5.31-1.
By order dated 21 October 1975 and amended on 7 November 1975,
an Administrative Law Judge of the United States Coast Guard, at
New York, New York, suspended Appellant's license for a period of
twelve months, after hearing held at Baltimore, Maryland, over a
period from 8 October 1974 to 21 July 1975. The specifications
found proved alleged as follows:
FIRST SPECIFICATION: In that you, being
the holder of the captioned document did on or
about 3 August 1973, at Baltimore, Maryland,
knowingly and wrongfully, while occupying the
position of Dean of Administration of the
Maritime Institute of Technology and Graduate
Studies, provide Captain Thomas F. O'Callaghan
with a false document, which document as you
well knew, falsely stated that Captain
O'Callaghan has successfully completed the
course of instruction indicated on the face thereof; to wit, a Maritime Institute of
Technology and Graduate Studies' Certificate
of Advanced Training Collision Avoidance
Radar, dated 26 January 1973; with knowledge
that the said document could be used by
Captain O'Callaghan to obtain, from the United
States Coast Guard, a radar endorsement to his
master's license. | Appeal No. 2072 | Suspension and Revocation Appeals Authority | 9/15/1976 | 9/15/1976 | | 12/21/2017 |