| Suspension and Revocation Appeals Authority | 2342 - MAKRINOS | This appeal has been taken in accordance with Title 46 U.S.C.
239(g) and 46 CFR 5.30-1.
By order dated 31 August 1981, an Administrative Law Judge of
the United States Coast Guard at Boston, Massachusetts, suspended
Appellant's license for one month, upon finding him guilty of
misconduct. The specification found proved, alleges that while
serving as Master on board the United States S/S OASIS HAWAII,
under authority of the license above captioned, on or about 11
March 1981, Appellant allowed his vessel to depart the port of
Texas City, Texas with its load line submerged.
The hearing was held at Boston, Massachusetts, on 2 and 30
April, 28 and 29 May, 4 June, and 16 July 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 14 exhibits
and called four witnesses. | Appeal No. 2342 | Suspension and Revocation Appeals Authority | 3/6/1984 | 3/6/1984 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2343 - WILLIAMS | This appeal has been taken in accordance with 46 CFR 5.30-15.
By order dated 21 July 1983, an Administrative Law Judge of
the United States Coast Guard at Houston, Texas revoked Appellant's
mariners document upon finding proved the charge of "possession of
marijuana aboard the SS INGER." On 31 August 1983 Appellant filed
a Notice of Appeal from then Order of the Administrative Law Judge
and a request for a temporary document. The Administrative Law
Judge denied the request by his order dated 16 November 1983.
Appellant's delay in filing the notice of appeal was caused by
Hurricane Alicia. It will therefore be considered timely.
BASIS OF APPEAL
This appeal has been taken from the order of the
Administrative Law Judge of 16 November 1983 denying a temporary
document. Appellant advances no grounds for his appeal.
OPINION
The Administrative Law Judge's interpretation of the
regulations and my Decisions on Appeal is not correct insofar as he
concludes that temporary licenses or documents may not be issued
following a finding that one of the offenses listed in 46 CFR
5.03-5(b) has been proved. | Appeal No. 2343 | Suspension and Revocation Appeals Authority | 3/6/1984 | 3/6/1984 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2344 - KOHAJDA | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and 46 CFR 5.30-1.
By Order dated October 1982, an Administrative Law Judge of
the United States Coast Guard at Baltimore, Maryland revoked
Appellant's seaman's document upon finding him guilty of
misconduct.
The specifications found proved that while serving as ordinary
seaman on board the SS PENNY under the authority of the above
captioned document, while the vessel was at the Port of Tamatave,
Madagascar, Appellant did:
(1) On or about 0500 on 11 Dec 1981, fail to perform his
assigned duty of opening cargo hatches;
(2) On or about 0500 on 16 Dec 1981, fail to perform his
assigned duty of opening cargo hatches;
(4) On or about 1300 and 1330 on 18 Dec 1981, fail to perform
his assigned duty as gangway watch, and was discovered aft of
the liverpool house out of sight of the gangway;
(5) On or about 0000 to 0050 on 25 Dec 1981, fail to perform
his assigned duty as gangway watch;
(6) On or about 0230 and 0430 on 25 Dec 1981, fail to perform
his duty as gangway watch in that he was found asleep in the crew's messroom;
(8) On or about 30 Dec 1981, assault and batter with his
fists the vessel's Master, and threaten to kill said Master;
(9) On or about 30 Dec 1981, assault the Chief Mate by
threatening to kill him. | Appeal No. 2344 | Suspension and Revocation Appeals Authority | 3/28/1984 | 3/28/1984 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2345 - CRAWFORD | This appeal has been taken in accordance with 46 U.S.C.239(g)
and 46 CFR 5.30-1.
By order dated 10 November 1982, and Administrative Law Judge
of the United States Coast Guard at New York, N.Y.suspended
Appellant's seaman's documents for 12 months, upon finding him
guilty of misconduct. The specification found proved alleges that
while serving as Third Assistant Engineer on board the S.S. SANTA
BARBARA under authority of the document and license above
captioned, on or about 29 August 1982, Appellant assaulted and
battered a fellow crewmember, James W. PARRISH, with a dangerous
weapon, a wheel wrench.
The hearing was held at New York, N.Y. on 27 October 1982.
At the hearing, Appellant neither appeared nor was he
represented by counsel. The Investigating Officer testified to
jurisdictional facts concerning service of charges on Appellant and
notice to Appellant of the date of the hearing. A plea of not
guilty to the charge and specification was entered on his behalf by
the Administrative Law Judge and the hearing proceeded in absentia. | Appeal No. 2345 | Suspension and Revocation Appeals Authority | 3/27/1984 | 3/27/1984 | | 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 | 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 | 2348 - MANLEY | This appeal has been taken in accordance with 46 U.S.C. 239(g)
and 46 CFR 5.30-1.
By order dated 30 December 1982, an Administrative Law Judge
of the United States Coast Guard at HOUSTON, TEXAS revoked
Appellant's seaman's document upon finding him guilty of the charge
of "conviction for a drug law violation." The specification found
proved alleges that being the holder of the document above
captioned, on or about 5 June 1981, Appellant was convicted of
possession of marijuana by the County Court of Harris County,
Texas.
The hearing was held at Houston, Texas on 12 November 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 in evidence the record of
Appellant's conviction.
In defense, Appellant made several motions related to the
admissibility of the court records, the legal effect of the Texas
conviction, and the legal adequacy of the Coast Guard proceeding. | Appeal No. 2348 | Suspension and Revocation Appeals Authority | 1/12/1984 | 1/12/1984 | | 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 | 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 | 2283 - FUEHR | 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 January 1980, an Administrative Law Judge of
the United States Coast Guard at St. Louis, Missouri, admonished
Appellant upon finding him guilty of misconduct. The specification
found proved alleges that while serving as Second Mate on board the
United States M/V W.W. HOLLOWAY under authority of the license
above captioned, on or about 17 September 1979, Appellant
wrongfully departed the port of Milwaukee, WI, for Chicago, IL, and
traversed Lake Michigan without the required endorsement on his
license to wit: first class pilot upon the waters of Lake Michigan.
The hearing was held at Chicago, IL on 18 October 1979.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced in evidence the testimony
of one witness and three documents. | Appeal No. 2283 | Suspension and Revocation Appeals Authority | 8/24/1982 | 8/24/1982 | | 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 | 2285 - PAQUIN | This appeal was taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 29 April 1982, an Administrative Law Judge of
the United States Coast Guard at St. Ignace, Michigan 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 alleged that while holding the document
above captioned, on or about 23 March 1982, Appellant was convicted
by the 92nd District Court, State of Michigan, a court of record,
at the Mackinac County Court House, St. Ignace, Michigan, for
possession of marijuana.
The hearing was held at St. Ignace, Michigan on 29 April 1982.
At the hearing elected to act as his own counsel and entered a plea
of not guilty to the charge and to the specification.
The Investigating Officer introduced in evidence the Affidavit
of Service of the charge sheet, the Judgement of Sentence signed by
District Judge Robert A. Wood, 92nd District Court, State of
Michigan, dated March 23, 1982, and a letter which indicated that, according to Coast Guard files, Appellant had no prior disciplinary
record. | Appeal No. 2285 | Suspension and Revocation Appeals Authority | 10/8/1982 | 10/8/1982 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2286 - SPRAGUE | This appeal has been taken in accordance with 46 U.S.C. 239(g)
and 46 CFR 5.30-1.
By order dated 10 April 1981, an Administrative Law Judge of
the United States Coast Guard at Philadelphia, Pennsylvania issued
an order of admonition to Appellant upon finding him guilty of
misconduct. The specification found proved, alleges that while
serving as CHIEF ENGINEER on board the SS COVE NAVIGATOR under
authority of the license above captioned, between 3 January 1981
and 24 February 1981, Appellant failed to notify the Coast Guard,
as required by the Certificate of Inspection, that the boiler
management system was not operating properly.
The hearing was held at Philadelphia, Pennsylvania on 25 March
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 four
documents and the testimony of two witnesses. | Appeal No. 2286 | Suspension and Revocation Appeals Authority | 10/14/1982 | 10/14/1982 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2287 - RICKER | This appeal was taken in accordance with Title 46 United
States Code 239(g)dated 28 January 1982, an Administrative Law
Judge of the United States Coast Guard at Boston, Massachusetts
suspended Appellant's license no. 526748 for one month, on six
month, on six months' probation, upon finding him guilty of
misconduct and negligence. The specification of misconduct found
proved alleges that, while serving as person in charge on board the
United States T/V VINCENT TIBBETTS under authority of the license
above captioned, on or about 29 September 1981, Appellant
wrongfully failed to sign the declaration of inspection while in
charge of loading operations aboard the vessel as required by 33
CFR 156.150(a). The specification of negligence found proved
alleges that, at the same time and place he negligently failed to
ensure that the #4 port cargo tank loading valve was closed upon
completion of the loading of that tank allowing the tank to
overflow and discharge oil in a hazardous amount into the Fore
River, a navigable water of the United States.
The hearing was held at Portland, Maine on 20 October 1981
from 1000 to 1512 and on 18 November 1981 from 1002 to 1258.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and each
specification. | Appeal No. 2287 | Suspension and Revocation Appeals Authority | 12/15/1982 | 12/15/1982 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2288 - GAYNEAUX | This appeal has been taken in accordance with Title 46, United
States Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 10 February 1982, and Administrative Law Judge
of the United States Coast Guard at Galveston, Texas suspended
Appellant's license and Merchant Mariner's Document for one month
plus an additional two months on twelve months' probation upon
finding him guilty of negligence. The specification found proved
alleges that, while serving as operator of the M/V OSASGE, under
authority of the documents above captioned, on or about 17 October
1981, the Appellant failed to properly navigate said vessel within
the confines of the Gulf Intracoastal Waterway, resulting in damage
to an aid to navigation, at or near North Deer Island, near mile
360 and the Galveston Freeport Intracoastal Waterway Range F, front
light.
By separate order of 17 February 1982, the Administrative Law
Judge authorized a temporary license and document pending
disposition of the appeal. Issuance pursuant to this order was
effected by the Marine Inspection Office, U.S. Coast Guard, Port
Arthur, Texas on 17 February 1982. | Appeal No. 2288 | Suspension and Revocation Appeals Authority | 2/24/1983 | 2/24/1983 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 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 | 2290 - DUGGINS | This appeal was taken in accordance with Title 46 United
States Code 239 (g) and 46 CFR 5.30-1.
By order dated 9 March 1981, an Administrative Law Judge of
the United States Coast Guard at New York, New York issued an order
of 12 months suspension outright of the above captioned document,
and all other valid licenses, documents, certificates, and
endorsements issued to the Appellant upon finding him guilty of
misconduct.
The specification found proved alleges that while serving as
Boatswain on board the USNS SEALIFT CHINA SEA under the authority
of the above captioned document, on or about 11 February 1980,
while said vessel was at sea, the Appellant wrongfully assaulted
First assistant Engineer, John K. Brown, by brandishing a fire hose
nozzle in a threatening manner and offering to inflict bodily harm.
The hearing was held in New York on 11 March, 17 April, 19
May, 3 June, 2 July, 2,15,30 September, 24 October, and 12, 24
November 1980. | Appeal No. 2290 | Suspension and Revocation Appeals Authority | 2/27/1983 | 2/27/1983 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2291 - JOSEPH | This appeal has been taken in accordance with Title 46 U.S.C.
239(g) and 46 CFR 5.30-1.
By order dated 7 October 1981, an Administrative Law Judge of
the United States Coast Guard at Port Arthur, Texas revoked
Appellant's license upon finding him guilty of misconduct. The
specification found proved alleges that while serving as Operator
aboard M/V LADY ALICE, under authority of the captioned document,
on 19 July 1981, Appellant assaulted and battered by cutting with
a broken coffee cup, a member of the crew, James Burnham, while
said vessel was underway on the Gulf Intracoastal Waterway.
The hearing was held at Port Arthur, Texas on 10 September
1981.
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 four witnesses and one exhibit. | Appeal No. 2291 | Suspension and Revocation Appeals Authority | 3/1/1983 | 3/1/1983 | | 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 | 2293 - RUBY | This appeal has been taken in accordance with Title 46 U.S.C.
239(g) and 46 CFR 5.30-1.
By orders dated 31 March and 8 April 1981, an Administrative
Law Judge of the United States Coast Guard at Baltimore, Maryland
admonished Appellants, Peter S. Smith and Alexander Ruby, Jr., who
were Master and Chief Engineer of the SS JACKSONVILLE,
respectively. The specification of the misconduct charge alleges
that while serving as Master and Chief Engineer of the vessel under
authority of the documents above captioned, on or about 21 January 1981, Appellants did not fail to notify the nearest Coast Guard
Marine Safety Office of repairs affecting the safety of the vessel,
namely, boiler tube plugging repairs.
The hearing was held in joinder at Baltimore, Maryland on 30
January 1981.
At the hearing, Appellants were represented by the same
counsel. Both Appellants entered pleas of not guilty to the charge
and specification.
The Investigating Officer introduced into evidence the
testimony of four witnesses and one document.
In defense, the Appellants offered in evidence the testimony
of one witness and three documents.
Subsequent to the hearing, the Administrative Law Judge
rendered a written decision in which he concluded that the charge
and specification against Appellants were proved. He then served
written orders of admonition on Appellants. | Appeal No. 2293 | Suspension and Revocation Appeals Authority | 3/21/1983 | 3/21/1983 | | 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 | 2295 - AMOURY | 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 March 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. The specification found proved alleges that, while
serving as Engine Utilityman on board the SS TRAVELER under
authority of the document above captioned, on or about 3 March 1981
Appellant wrongfully possessed hashish while the vessel was in the
port of Navlakhi, India.
The hearing was held at Long Beach, California, on 17 March
1981.
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 a
certification of the shipping articles and a certified copy of the
official log of the vessel.
In defense, Appellant offered the testimony of a shipmate and
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 specification had been proved. He then served a written order on
Appellant revoking all documents issued to Appellant.
The entire decision was served on Appellant on 30 March 1981.
Appeal was timely filed on 6 April 1981 and perfected on 22 July
1981. | Appeal No. 2295 | Suspension and Revocation Appeals Authority | 3/30/1983 | 3/30/1983 | | 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 | 2297 - FOEDISCH | This appeal has been taken in accordance with Title 46 U.S.C.
239(g) and 46 CFR 5.3-1.
By order dated 13 July 1981, and Administrative Law Judge of
the United States Coast Guard at Seattle, Washington suspended
Appellant's seaman's documents for six months, upon finding him
guilty of misconduct. The specification found proved alleges that,
while serving as Ordinary Seaman on board the SS JOHN LYKES, O.N.
282772 under authority of the captioned document, on or about 9 May
1980, Appellant wrongfully possessed approximately 12.5 grams of
marijuana, a narcotic.
The hearing was held at Seattle, Washington on 8 December
1980, 5 February 1981 and 22 June 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 six documents
and a deposition.
In defense, Appellant testified in his own behalf and offered
eight documents in evidence.
At the end of the hearing, the Administrative Law Judge
rendered a decision in which he concluded that the charge and specification had been proved. He then served a written order on
Appellant suspending all documents issued to Appellant for a period
of six months.
The entire decision was served on 14 July 1981. Appeal was
timely filed on 27 July 1981 and perfected on 26 October 1981. | Appeal No. 2297 | Suspension and Revocation Appeals Authority | 4/6/1983 | 4/6/1983 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2298 - GRAVES | This appeal has been taken in accordance with Title 46 U.S.C.
239b and 46 CFR 5.30-1.
By order dated 23 July 1980, an Administrative Law Judge of
the United States Coast Guard at Houston, Texas, revoked
Appellant's seaman's documents upon finding him guilty of the
charge of "conviction for a narcotic drug law violation." The
specification found proved alleged that while holding the document
and license above captioned, on or about 12 December 1979,
Appellant was convicted in the 180th District Court of Harris
County, Texas, a court of record, for the possession of marijuana
in a quantity of more than four ounces.
The hearing was held at Houston, Texas on 15 July 1980.
At the hearing, Appellant elected to act as his own counsel
and entered a plea of guilty, which was later changed to not
guilty, to the charge and each specification.
The Investigating Officer introduced in evidence four
exhibits. | Appeal No. 2298 | Suspension and Revocation Appeals Authority | 4/6/1983 | 4/6/1983 | | 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 | 2300 - STROHECKER | This appeal has been taken in accordance with 5 U.S.C. 504 and
49 CFR Part 6.
By order dated 30 June 1982, an Administrative Law Judge of
the United States Coast Guard at Norfolk, Virginia denied
Appellant's application for attorney's fees and expenses incurred
as a result of defending himself against a charge of negligence
brought by the Coast Guard against his Operator's license. Three
specifications supporting the charge were raised by the Coast
Guard. They alleged that, while serving as Operator aboard Tug
MARIE SWANN, O.N. 253463 under authority of the license above
captioned, on or about 0550, 30 March 1982, in the James River at
or near the City of Newport News in the State of Virginia,
Appellant: (1) negligently failed to navigate said vessel in such
a manner as to preclude the barge said vessel was towing, tank
barge SWANN NO. 17, from alliding with M/V CENTAURO, thereby
damaging said tank barge; (2) negligently navigated said vessel in
such a manner as to endanger the life, limb or property of other
persons, to wit, failing to maintain adequate communications with
said vessel's line handlers, thereby contributing to the loss of
control over the barge said vessel was towing, tank barge SWANN NO.
17, and the allision of said barge with M/V CENTAURO; (3) negligently navigated said vessel in such a manner as to endanger
the life, limb or property of other persons, to wit; failing to
connect the towing hawser before releasing the breast lines,
thereby contributing to the barge said vessel was towing, SWANN NO.
17, being set adrift and alliding with the M/V CENTAURO.
The hearing was held at Norfolk, Virginia on 20 April 1982.
After the presentation of Appellant's defense, the Administrative
Law Judge rendered an order in which he dismissed the charge and
specifications. | Appeal No. 2300 | Suspension and Revocation Appeals Authority | 4/12/1983 | 4/12/1983 | | 12/20/2017 |
| 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 | 2302 - FRAPPIER | This appeal was taken in accordance with Title 46 United
States Code 239(g) and 46 CFR 5.30-1.
By order dated 26 January 1982, 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 misconduct and negligence. The
specification found proved under the charge of misconduct alleges
that, while serving as Master on board the United States M/V BERT
REINAUER II, O. N. 236989, under authority of the license above
captioned, on or abut 18 May 1981, Appellant did wrongfully fail to
report a marine casualty to the nearest Officer in Charge, Marine
Inspection as required by 46 USC 239 and 46 CFR 4.05-10.
The specification found proved under the charge of negligence
alleges that Appellant, while so serving as Master on board the M/V
BERT REINAUER II, O. N. 236989, did, on or about 18 May 1981, fail
to navigate said vessel with due caution, causing said vessel to
ground in the Penobscot River, Maine.
The hearing was held at Portland, Maine and Boston,
Massachusetts on 28 October 1981 and 9 November 1981. | Appeal No. 2302 | Suspension and Revocation Appeals Authority | 4/20/1983 | 4/20/1983 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2303 - HODGMAN | This appeal has been taken in accordance with 46 U.S.C. 239(g)
and 46 CFR 5.30-1.
By order dated 3 February 1983, an Administrative Law Judge of
the United States Coast Guard at Miami, Florida revoked Appellant's
seaman's document upon finding proved the charge of "conviction for
a narcotic drug law violation." The specification found proved
alleges that being the holder of the document above captioned, on
or about "20 May 1977 [Appellant was] convicted of conspiracy to
violate Section 841(a)(I) of Title 21, United States Code (by the
United States District Court for the Southern District of Georgia)
in that [he] did knowingly and intentionally possess with intent to
distribute a quantity of marijuana."
The hearing was held at Miami, Florida on 8 December 1982.
At the hearing, Appellant was represented by professional
counsel and entered a plea of guilty to the charge and
specification.
The Investigating Officer introduced in evidence a certified
copy of the Judgment of the Court, a copy of the Indictment, and
the Affidavit of Service of the charge sheet.
In defense, Appellant offered in evidence his own testimony,
the testimony of one additional witness and five exhibits. | Appeal No. 2303 | Suspension and Revocation Appeals Authority | 4/22/1983 | 4/22/1983 | | 12/20/2017 |
| 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 | 2305 - SINGH | This appeal was taken in accordance with Title 46 United
States Code 239(g) and 46 CFR 5.30-1.
By order dated 25 July, 1880, an Administrative Law Judge of
the United States Coast Guard at Boston, Massachusetts suspended
Appellant's license and seaman's document for 1 month on 12 months'
probation, upon finding him guilty of misconduct and negligence.
The specifications found proved allege that while serving as
Chief Engineer on board the United States T/V ALLEGIANCE, O.N.27866
under authority of the document and license above captioned, on or
about 19 December 1979, Appellant: (1) Wrongfully failed to report
a repair to a cargo pump, and (2) was negligent in maintaining and
repairing the vessel's machinery and equipment.
The hearing was held at Melville, Rhode Island and Boston,
Massachusetts on 28 January, II and 26 February, II March, 16 April
and II June 1980.
The hearing was held in joinder with those of John D. Gaboury,
Master of the vessel, and Timothy Fales, the Chief Mate.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and each
specification. | Appeal No. 2305 | Suspension and Revocation Appeals Authority | 5/9/1983 | 5/9/1983 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2306 - FALES | This appeal was taken in accordance with Title 46 Code 239(g)
and 46 CFR 5.30-1.
By order dated 25 July 1980, an Administrative Law Judge of
the United States Coast Guard at Boston, Massachusetts suspended
Appellant's license for one month on twelve month's probation, upon
finding him guilty of negligence. The specifications found proved
allege:
(1) That while serving as Chief Mate on board the United
States T/V ALLEGIANCE, O.N. 271866 under authority of the
license above captioned, between 12 October 1979 and 19
December 1979, Appellant had responsibility for all cargo
equipment and failed to maintain that equipment in safe
operating condition such that:
1. No. 10 cargo pump in aft pumproom was leaking from
both shafts;
2. No. 11 cargo pump in aft pumproom was leaking
excessively from packing gland;
3. Port bulkhead stop valve on suction line in aft
pumproom was leaking through the packing gland;
4. No. 5 cargo pump suction line was holed and leaking
in amidships pumproom;
5. No. 5 cargo line riser valve in amidships pumproom
was leaking;
6. No 12 cargo pump discharge riser in aft pumproom was
repaired with a cement patch.
(2) That while so serving Appellant allowed an excessive
amount of product to accumulate and remain in the
amidships pumproom bilge creating a hazardous condition
aboard the vessel. | Appeal No. 2306 | Suspension and Revocation Appeals Authority | 5/9/1983 | 5/9/1983 | | 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 | 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 | 2309 - CONEN | This appeal was taken in accordance with Title 46 United
States Code 239(g) and 46 CFR 5.30-1.
By order dated 7 July 1981, an Administrative Law Judge of the
United States Coast Guard at New York, New York, suspended
Appellant's seaman's document for three months, plus three months
on twelve months' probation, upon finding him guilty of misconduct.
The specifications found proved alleged that: (1) while serving
as Electrician on board the SS MORMACSEA under authority of the
document above captioned, Appellant did on or about 1700-1800, 10
December 1980, while the said vessel was in the port of East
London, South Africa, wrongfully disobey a lawful order of the
Chief Engineer by absenting himself from the vessel when instructed
to remain on board; and (2) while serving as aforesaid did on or
about 0900-1830, 14 December 1980, while the vessel was in Cape
Town, South Africa, wrongfully fail to perform assigned duties.
The hearing was held at New York, New York on 3,10,20 and 27
February 1981.
At the hearing, Appellant elected to act as his own counsel
and entered a plea of not guilty to the charge and each specification.
The Investigating Officer introduced in evidence the testimony
of two witnesses and four exhibits.
In defense, Appellant offered in evidence nine exhibits and
the testimony of one witness. | Appeal No. 2309 | Suspension and Revocation Appeals Authority | 5/12/1983 | 5/12/1983 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2310 - MANLEY | This appeal has been taken in accordance with Title 46 CFR
5.30-15.
By order dated 30 December 1982, an Administrative Law Judge
of the United States Coast Guard at Houston, Texas revoked
Appellant's seaman's document upon finding proved the charge of
"conviction for a narcotic drug law violation."
On 4 February 1983 Appellant requested a temporary document
pending appeal. The Administrative Law Judge denied the request by
letter on 7 February 1983.
BASES OF APPEAL
This appeal has been taken from the denial of a temporary
document by the Administrative Law Judge. It is urged that
Appellant should have been issued a temporary document.
OPINION
The decision of the Administrative Law Judge states only that
the request for the temporary document was received and is denied.
This is not sufficient.
The Administrative Procedure Act requires that an agency
rejection of an application "be accompanied by a brief statement of
the grounds for denial." See 5 USC 555e. The grounds must, of | Appeal No. 2310 | Suspension and Revocation Appeals Authority | 5/17/1983 | 5/17/1983 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2311 - STRUDWICK | This appeal has been take in accordance with 46 CFR 5.30-15.
By order dated 9 February 1983, an Administrative Law Judge of
the United States Coast Guard at Miami, Florida revoked Appellant's
mariner's license upon finding proved the charge of "conviction for
a narcotic drug law violation." Also on 9 February 1983 Appellant
filed a Notice of Appeal from the Order of the Administrative Law
Judge and a request for a temporary license. The Administrative
Law Judge denied the request by his order of 15 February 1983.
BASES OF APPEAL
This appeal has been taken from the order of the
Administrative Law Judge denying a temporary license. It is urged
that the denial was erroneously based on a regulation existing in
1957 which no longer exists and a decision based on that regulation
instead of on the current regulations. | Appeal No. 2311 | Suspension and Revocation Appeals Authority | 5/17/1983 | 5/17/1983 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2312 - HITT III | This appeal has been taken in accordance with 5 U.S.C. 504 and
49 CFR Part 6.
By order dated 21 July 1982, an Administrative Law Judge of
the United States Coast Guard at Norfolk, Virginia denied
Appellant's application for attorney's fees and expenses incurred
as a result of defending himself against a charge of misconduct
brought by the Coast Guard against his Operator's license. One
specification supported the charge of misconduct. It was alleged
that, while serving as Operator aboard tug LARK, under authority of
the license above captioned, on or about 0650 on 11 April 1982,
while transiting the Nanticoke River Entrance, Appellant wrongfully
failed to perform his duties by leaving the tug bridge without
proper relief. Appellant pled guilty to a concurrently filed
negligence charge.
The hearing was held at Norfolk, Virginia on 11 May 1982. At
the conclusion of the hearing, the Administrative Law Judge
rendered an order in which he dismissed the misconduct charge and
specification. | Appeal No. 2312 | Suspension and Revocation Appeals Authority | 5/22/1983 | 5/22/1983 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2313 - STAPLES | This appeal has ben taken in accordance with Title 46 U.S.C.
239(g) and 46 CFR 5.30-1.
By order dated 3 December 1981, an Administrative Law Judge of
the United States Coast Guard at Boston, Massachusetts revoked
Appellant's seaman's document upon finding him guilty of
misconduct. The specifications found proved allege that, while
serving as Second Pumpman on board the SS GULF OIL, O.N. 283424,
under authority of the above captioned Merchant Mariner's Document,
on or about 12 October 1981, Appellant did wrongfully assault and
batter by beating with fists, a member of the crew, the Chief
Engineer, Richard J. Driscoll; and, that Appellant, while serving
as aforesaid, did wrongfully assault the Third Assistant Engineer,
David W. Thunell by brandishing a fire axe and a pocketknife in a
threatening manner and offering to inflict bodily harm.
The hearing was held at Boston, Massachusetts on 3 December
1981.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and both specifications.
The Investigating Officer introduced two documents and the
testimony of two witnesses into evidence.
In defense, Appellant introduced seven documents and his own
testimony into evidence. | Appeal No. 2313 | Suspension and Revocation Appeals Authority | 5/22/1983 | 5/22/1983 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 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 | 2315 - FIFER | This appeal has been taken in accordance with 46 CFR 5.30-15.
By order dated 18 March 1983, an Administrative Law Judge of
the United States Coast Guard at Miami, Florida revoked Appellant's
mariner's license upon finding proved the charge of "conviction for
a narcotic drug law violation." On 17 March 1983 Appellant file a
Notice of Appeal from the Order of the Administrative Law Judge and
a request for a temporary license. The Administrative Law Judge
denied the request by his order of 24 March 1983.
BASES OF APPEAL
This appeal has been taken from the order of the
Administrative Law Judge denying a temporary license. It is urged
that Appellant's service on board a vessel is compatible with the
requirements for safety of life and property at sea and Appellant's
prior record justifies the issuance of a temporary license. I note
that these are the criteria for issuing a temporary license set
forth in 46 CFR 5.30-15 and that the Administrative Law Judge did
not address them in his denial. | Appeal No. 2315 | Suspension and Revocation Appeals Authority | 6/6/1983 | 6/6/1983 | | 12/20/2017 |
| 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 | 2317 - KONTOS | This appeal had been taken in accordance with Title 46
U.S.C.239(g) and 46 CFR 5.30-1.
By order dated 25 January 1982, an Administrative Law Judge of
the United States Coast Guard at Boston, Massachusetts revoked the
seaman's document of Appellant, upon finding him guilty of
misconduct. The specifications found proved allege that while
serving as an ordinary seaman aboard S/S LNG TAURUS under authority
of his document above captioned, Appellant did on 20 November 1981
while S/S LNG TAURUS was in the port of Arun, Indonesia: (1)
wrongfully fail to perform his duties by reason of intoxication;
(2) assault and batter by beating with his fists a member of the
crew, the Third Mate, Scott L. Ervin; (3) Assault and batter by
biting on the lower leg a member of the crew, the Cargo Control
Officer, William G. LANGELY; and (4) wrongfully damage the seawater
temperature gauge and a light fixture with a chair in the Cargo
Control Room.
On 25 November 1981 the charges were served and the hearing
was set for 13 January 1982. On 2 December 1981 Appellant
telephoned the Administrative Law Judge requesting an earlier
hearing sometime before Christmas. The Administrative Law Judge denied the request because the principal witnesses, were to be at
sea between Indonesia and Japan until January 1982. Appellant was
duly notified of this denial and the reasons for it by the
Administrative Law Judge.
The hearing was held in absentia at Boston, Massachusetts
on 13 January 1982. | Appeal No. 2317 | Suspension and Revocation Appeals Authority | 8/31/1983 | 8/31/1983 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2318 - STRUDWICK | This appeal has been taken in accordance with 46 CFR 5.30-15.
By order dated 9 February 1983, and Administrative Law Judge
of the United States Coast Guard at Miami, Florida revoked
Appellant's mariner's license upon finding proved the charge of
"conviction for a narcotic drug law violation." Also on 9 February
1983 Appellant filed a Notice of Appeal from the order of the
Administrative Law Judge and a request for a temporary license.
The Administrative Law Judge denied the request by his order of 15
February 1983. Decision on Appeal 2311 (STRUDWICK) of 17 May
1983 VACATED the Administrative Law Judge's order of 15 February
1983 and REMANDED the request for a temporary license for a new
decision. By his order of 24 May 1983 the Administrative Law Judge
again denied Appellant's request for a temporary license.
BASIS OF APPEAL
This appeal has been taken from the order of the
Administrative Law Judge of 24 May 1983 denying a temporary
license. Appellant urges that the denial was based on an erroneous
interpretation of 46 CFR 5.30-15(b) and 46 CFR 5.03-5(b)
prohibiting the issuance of temporary licenses and documents in cases involving those offenses listed in 46 CFR 5.03-5(b) as being
deemed to affect the safety of life and property at sea. | Appeal No. 2318 | Suspension and Revocation Appeals Authority | 8/31/1983 | 8/31/1983 | | 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 | 2320 - 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 30 September 1980, an Administrative Law Judge
of the United States Coast Guard at Long Beach, California
suspended Appellant's seaman's document for three months on twelve
months' probation, upon finding him guilty of misconduct. The
specifications found proved allege that, while serving as Steward
Utility on board the SS PRESIDENT POLK under authority of the above
captioned document Appellant: (1) on or about 2 December 1979
failed to obey the order of the Chief Steward to mop and buff
passenger deck passageways and to clean the passenger lounge and
card room; (2) on or about 2 December 1979 created a disturbance
in the Purser's foyer by using loud exclamations and profanity to
the Chief Steward; (3) on 7 December 1979 failed to obey the
order of the Chief Steward to clean the garbage room; and (4) on
8 December 1979 failed to obey the order of the Chief Steward to
clean the garbage room.
The hearing was held at Long Beach, California on 5 February,
14 and 17 April, 20 May, 10 and 12 June and 17 September. | Appeal No. 2320 | Suspension and Revocation Appeals Authority | 9/7/1983 | 9/7/1983 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2321 - HARRIS | This appeal has been taken in accordance with Title 46 U.S.C.
B239) and 46 CFR 5.30-1.
By order dates 8 February 1982, 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
negligence. The specification found proved alleged that while
serving as master aboard SS COVE EXPLORER under authority of the
above captioned license, between 21 November 1981 and 1 December
1981, Appellant, while responsible for the material condition of
the vessel, operated the vessel in an unseaworthy condition, to
wit, fractured and wasted frames, longitudinal and side plating in
the bow section of the vessel.
The hearing was held at Boston, Massachusetts on 7 January
1982, January 1982 and 15 January 1982.
At the hearing, Appellant was represented by professional
counsel. Appellant pled not guilty to the charge and
specification. | Appeal No. 2321 | Suspension and Revocation Appeals Authority | 9/7/1983 | 9/7/1983 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2322 - SHAW | This appeal has been taken in accordance with Title 46 U.S.C.
239(g) and 46 CFR 5.30-1.
By order rendered 16 February 1982, an Administrative Law
Judge of the United States Coast Guard at New York, New York,
revoked Appellant's merchant mariner's document upon finding him
guilty of the charge of "conviction for a narcotic drug law
violation." The specification found proved alleged that, while
holder of the document above captioned, on or about 17 August 1981,
Appellant was convicted by the Twenty-Third Judicial District Court
of St. James Parish, Louisiana, a court of record, for violation of
Sections 967(A) and (C) of 40 Louisiana Revised Statutes, a
narcotic drug law violation.
The hearing was held at New York, New York, on 8 December
1981, 12 January 1982 and 27 January 1982,
At the hearing, Appellant elected to act as his own counsel
and entered a plea of guilty to the charge and specification.
The Investigating Officer introduced in evidence two exhibits. | Appeal No. 2322 | Suspension and Revocation Appeals Authority | 9/7/1983 | 9/7/1983 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2323 - PHILPOTT | This appeal had been taken in accordance with Title 46 U.S.C.
239(g) and 46 CFR 5.30-1.
By order dated 13 January 1983, an Administrative Law Judge of
the United States Coast Guard at Long Beach, California suspended
Appellant's seaman's document for six months, plus six months on
twelve months probation, upon finding him guilty of misconduct.
The specification found proved alleges that while serving as Wiper
on board the SS KEYSTONER under authority of the captioned
document, on or about 8 December 1982, Appellant, at the Port of
Houston, Texas had approximately ten grams of marijuana in his
possession.
The hearing was held at Houston, Texas and Long Beach,
California on 17 December 1982 and 13 January 1983.
At the hearing in Houston, Appellant was not present, but a
motion for change of venue to Long Beach, California was made on
his behalf and granted. At the hearing in Long Beach, Appellant
elected to act as his own counsel and entered a plea of guilty to
the charge and specification. | Appeal No. 2323 | Suspension and Revocation Appeals Authority | 9/13/1983 | 9/13/1983 | | 12/20/2017 |