| Suspension and Revocation Appeals Authority | 2255 - BASIR | 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 10, 1979, an Administrative Law Judge
of the United States Coast Guard at New York, New York, suspended
Appellant's seaman's documents for 2 months, plus 4 months on 12
months' probation, upon finding him guilty of misconduct. The
specifications found proved allege that while serving as Able
Seaman on board SS DELTA BOLIVIA under authority of the document
above captioned, on or about 2 December 1978, Appellant failed to
perform his duties because of intoxication; failed to obey direct
orders of the Third Mate and of the Chief Mate; wrongfully consumed
alcoholic beverages aboard DELTA BOLIVIA, and used foul and abusive
language toward the Third Mate.
The hearing was held on 15 February, 3 and 5 April, 11, 14,
and 29 May, and 11 and 28 June 1979.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specifications.
The Investigating Officer submitted three exhibits and the
sworn testimony of four witnesses.
In defense, Appellant submitted eight exhibits and his own
testimony. | Appeal No. 2255 | Suspension and Revocation Appeals Authority | 6/10/1981 | 6/10/9181 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2737 - STINZIANO | On April 20, 2022, an Administrative Law Judge (ALJ) of the United States Coast Guard issued a Decision and Order (D&O), finding proved three charges of misconduct against the Merchant Mariner Credential (MMC) of Respondent Mark Steven Stinziano. The ALJ ordered Respondent's credential suspended for four months outright, with a further suspension of eight months suspended on twelve months probation.
CONCLUSION
Concerning Charges 1, 2, and 6 and the allegations in Charge 5 relating to the Second Mate, the ALJ' s findings and rulings were lawful and consistent with law and precedent. He exercised his lawful discretion in assessing the credibility of the evidence presented. In view of uncertainties with respect to the interpretation of 18 U.S.C. § 2244(b) and 18 U.S.C. § 2246(3), the case will be remanded.
ORDER
The ALJ's Order dated April 20, 2022, is set aside and the case is REMANDED for proceedings consistent with this opinion. | Appeal No. 2737 | Suspension and Revocation Appeals Authority | 1/6/2023 | 1/6/2023 | | 3/14/2023 |
| Suspension and Revocation Appeals Authority | 2736 FREMEN | On May 5, 2021, an Administrative Law Judge (ALJ) of the United States Coast Guard issued an Order of Default (OD) for Respondent Derrick Thomas Fremen's failure to attend prehearing conferences, finding proved the Coast Guard's Amended Complaint filed on February 18, 2021 (Amended Complaint) against the Merchant Mariner Credential of Respondent, and ordering the revocation of Respondent's credential.
CONCLUSION
The ALJ's decision to issue an Order of Default was not an abuse of discretion. The order imposed by the ALJ, revoking Respondent's Merchant Mariner Credential, was not excessive. There is no reason to disturb the AU's Order. | Appeal No. 2736 | Appeal No. 2723 | 11/22/2021 | 11/22/2021 | | 12/1/2021 |
| Suspension and Revocation Appeals Authority | 2735 - ROBB | FACTS
At all times relevant to these proceedings, Respondent was the holder of a Merchant Mariner Credential issued to him by the United States Coast Guard. [D&O at 4, 24.]
On August 31, 2018, Respondent was a crewmember of the SLNC PAX, which had been selected for random drug testing. [D&O at 4.] On August 31, 2018, Respondent provided a urine sample to a certified specimen collector. [Id.] He signed the Federal Drug Testing Custody and Control Form (CCF), and initialed the seals that are intended to be placed on the specimen bottles while the seals were still attached to the CCF. [Id. at 5.] The collector poured
Respondent's sample into two specimen bottles and sealed the bottles in Respondent's presence. [Id.]
Respondent's specimen was tested by a laboratory accredited to perform drug testing comporting with Department of Transportation (DOT) standards. The laboratory determined that Respondent's sample was positive for amphetamines at a level of 552 ng/mL and for methamphetamines at a level of 9057 ng/mL, exceeding the cut-off levels for positive tests found in DOT regulations. [D&O at 6, 25.]
BASES OF APPEAL
Respondent raises the following issues on appeal:
I The ALJ's Ultimate Findings of Fact and Conclusions of Law Nos. 5 and 8 are not supported by substantial evidence.
II. The ALI abused his discretion by relying upon inherently incredible testimony. | Appeal No. 2735 | Suspension and Revocation Appeals Authority | 8/17/2021 | 8/17/2021 | | 8/30/2021 |
| Suspension and Revocation Appeals Authority | 2733 - SCHWIEMAN | On Septernber 13, 2019, an Administrative Law Judge (ALJ) of the United States Coast Guard issued a Decision & Order (D&O), finding proved against Respondent Daniel Walter Schwieman one charge of violation of regulation, for carriage of more than six passengers for hire on an uninspected vessel of less than 100 gross tons, in violation of 46 CFR $ 176.100(a). The ALJ ordered Respondent's Merchant Mariner Credential (MMC) suspended for one month outright, on six months probation. The Coast Guard appeals.
The vessel ALLORA is a vessel of 20 gross tons and is owned by Offshore,LLC ("Offshore"). [D&O at 5; CG Ex. 5, 6.] On June 16, 20T8, the vessel ALLORA did not have a Certificate of Inspection (COf. [D&O at5,Tr. at69.]
Ms. M. Nichols ("the charterer") entered into a charter agreement with Offshore, for use of the ALLORA on June 16,2018. [D&O at 5; CG Ex. 3 at 52-55; Tr. at 159-161.] The charter agreement required the charterer to only use a "qualified operator and crew," and included a "weather policy'' that reserved Offshore's right to cancel or delay the charter in the event of dangerous weather conditions, "even if you and the captain believe they are safe." [CG Ex. 5 at 52-53.1 The charterer paid $ 1,200 for use of the vessel. [D&O at 5; Tr. at 66, 16l.]
On June 16,2018, Respondent operated the ALLORA, as master, on the waters of Lake Michigan, with the charterer and eleven passengers on board. [D&O at 5; Tr. at65-69,160; CG Ex. 3 at 49-57.1 Lake Michigan is a navigable water of the United States. [D&O at 5.]
CONCLUSION
The ALJ's ultimate findings and conclusions were neither erroneous nor an abuse of discretion. His decision complies with 33 CFR $ 20902, and he exercised his lawful discretion in assessing the credibility of the evidence presented. | Appeal No. 2733 | Suspension and Revocation Appeals Authority | 11/20/2020 | 11/20/2020 | | 11/24/2020 |
| Suspension and Revocation Appeals Authority | 2732 - CAMP | On April 16, 2019, an Administrative Law Judge (ALJ) of the United States Coast Guard dismissed the Coast Guard's complaint against Respondent Christopher Joseph Camp, in a bench ruling. The complaint alleged two counts of misconduct, for refusing to submit to a drug test required by 46 CFR Part 16 and required by company policy. The Coast Guard appeals.
On June 29, 2018, the Coast Guard filed a Complaint charging Respondent with two counts of misconduct. The first count charged
Respondent with refusing to submit to a drug test required by 46 CFR Part 16 by failing to remain at the collection site until the testing process was complete. The second count charged Respondent with violation of his employer's company policy, requiring compliance with drug testing procedures, by failing to remain at the collection site until the testing process was complete. Both charges were based on an April 24, 2018, random drug test in Morgan City, Louisiana. | Appeal No. 2732 | Suspension and Revocation Appeals Authority | 11/10/2020 | 11/10/2020 | | 11/17/2020 |
| Suspension and Revocation Appeals Authority | 2731 - MCLIN | Commandant Decision on Appeal, denying the Coast Guard's appeal, and affirming the ALJ's decision and order finding proved charges of misconduct and dangerous drug use, and revoking Respondent's MMC. | Appeal No. 2731 | Suspension and Revocation Appeals Authority | 7/23/2020 | 7/23/2020 | | 8/7/2020 |
| Suspension and Revocation Appeals Authority | 2730 - BLAKE | Commandant Decision on Appeal, denying the Coast Guard's appeal, and affirming the ALJ's decision and order finding proved both charges, for violation of law and misconduct, for possession of a handgun onboard a documented vessel, with order of 12-month outright suspension | Appeal No. 2730 | Suspension and Revocation Appeals Authority | 7/17/2020 | 7/17/2020 | | 8/7/2020 |
| Suspension and Revocation Appeals Authority | 2729 - COOK | The Coast Guard complaint charged Respondent with use of a dangerous drug, based upon a positive result in a government-mandated random drug test. The D&O found the charge proved and revocation appropriate, and directed Respondent to surrender his credential.
However, because Respondent had already made substantial progress toward cure, the D&O provided for a future hearing to evaluate Respondent's evidence of cure. Respondent filed a
notice of appeal from the D&O.
On April 17, 2019, the ALJ issued a Cure Order, finding Respondent had demonstrated cure from the use of a dangerous drug by completion of a drug rehabilitation program and demonstration of twelve months of non-association. The Cure Order directed the return of Respondent's credential, and converted the period of revocation served to a period of outright
suspension. The Coast Guard appealed.
Both Respondent's appeal from the D&O and the Coast Guard's appeal from the Cure Order are now ripe for decision.
The ALJ's findings and decision were lawful, based on correct interpretation of the law, and supported by the evidence. The Decision and Order's finding of proved as to a charge of
drug use against Respondent was consistent with applicable law and public policy, and the mandatory sanction of revocation was properly ordered. The Cure Order's finding of cure, and conversion of the order of revocation into one of outright suspension was justified. No further action against Respondent's credential is warranted in these circumstances. | Appeal No. 2729 | Suspension and Revocation Appeals Authority | 7/6/2020 | 7/6/2020 | | 7/17/2020 |
| Suspension and Revocation Appeals Authority | 2727 - BOUDREAUX II | On October 18, 2018, an Administrative Law Judge (ALJ) of the United States Coast Guard issued findings and conclusions from the bench, finding the Coast Guard's Complaint against the Merchant Mariner Credential of Respondent Robert Ryan Boudreaux proved, and ordering the suspension of Respondent's credential for 90 days, with a further suspension of six months suspended on nine months probation.
That Coast Guard Complaint alleged misconduct in that Respondent served aboard a vessel under the authority of his credential from October 25 to November 13 , 2017, in violation
of an ALJ order suspending that credential.
FACTS & PROCEDURAL HISTORY
At all times relevant to these proceedings, Respondent was the holder of a Merchant Mariner Credential issued by the United States Coast Guard (MMC).
On October 18,2016, the Coast Guard filed a Complaint against Respondent's MMC alleging that Respondent had committed an act of misconduct by failing to comply with his marine employer's drug and alcohol policy. See Appeal Decision 2723 (BOUDREAUX Ð (2019) at 3, 2019 WL 8137712 at 2. That Complaint was assigned Coast Guard ALJ docket number 2016-0332.
The hearing in that matter was convened by ALJ Bruce T. Smith on July 11,2017. At the conclusion of the hearing, the ALJ retuned Respondent's MMC to his possession, with the understanding that this allowed Respondent to continue working under the authority of his credential, pending decision in his case. [Respondent Ex. 3 (CG-ALJ 2016-0332Tr. Vol. II at 226-28).1 | Appeal No. 2727 | Suspension and Revocation Appeals Authority | 4/28/2020 | 4/28/2020 | | 5/20/2020 |
| Suspension and Revocation Appeals Authority | 2726 - BADUA | By an Order dated October 17,2A19, an Administrative Law Judge (ALJ) of the United States Coast Guard denied as untimely what he construed to be Respondent Mr. Jeffrey John Badua, Jr.'s request for a hearing on the Coast Guard's Notice of Failure to Complete Settlement Agreement (Respondent's request was captioned "Motion to Enforce Settlement Agreement").
Respondent appeals.
At all relevant times, Respondent held a Merchant Mariner Credential (MMC) issued by the United States Coast Guard. On February 27,2018, Respondent took a required preemployment drug test, pursuant to 46 CFR Part 16. The urine sample provided by Respondent tested positive for hydromorphone. Respondent maintains that the positive result was the result of a one-time, inadvertent use of another person's prescription medication.
The Coast Guard issued its Complaint against Respondent's MMC on April 13, 2018, for use of a dangerous drug, in violation of 46 USC § 7704(c). On April 30,2018, the Coast Guard and Respondent entered into a Settlement Agreement. By signing the Settlement Agreement, Respondent admitted the jurisdictional and factual allegations of the Coast Guard Complaint. The Settlement Agreement provided that Respondent's MMC was revoked, but that the revocation would be stayed in order to allow Respondent to complete the elements of "cure" from use or addiction to use of a dangerous drug. See 46 U.S.C. § 7704;33 CFR § 20.502;46 CFR § 5.901(d); Appeal Decision 2535 (SWEENEY), 1992 WL I 2008768. | Appeal No. 2726 | Suspension and Revocation Appeals Authority | 4/27/2020 | 4/27/2020 | | 5/20/2020 |
| Suspension and Revocation Appeals Authority | 2728 - DILLON | On September 6, 2018, an Administrative Law Judge (ALJ) of the United States Coast Guard issued findings and conclusions from the bench, finding the Coast Guard's Complaint against the Merchant Mariner Credential of Respondent Michael John Dillon proved, and ordering the revocation of Respondent's credential.
The Coast Guard complaint charged Respondent with use of a dangerous drug, based upon a positive result in a government-mandated periodic drug test.
Respondent appeals.
FACTS
At all times relevant to these proceedings, Respondent was the holder of a Merchant Mariner Credential issued to him by the United States Coast Guard. [CG Ex. 1].
On January 29,2018, Respondent submitted to a government -mandated periodic urine drug test, pursuant to an application for raise-in-grade of his credential. [Tr. Vol. II at 144.]
Pursuant to regulation, the sample provided by Respondent was a "split sample": the urine sample was divided by the collector into two separate specimen containers-the primary specimen and the split specimen. [Tr. Vol. I at34-35,86-90.] Respondent signed a Federal Drug Testing Custody and Control Form (DTCCF) for provision of his urine specimen. [Tr. Vol II at 144.1 Respondent's primary urine specimen was tested on January 30 by Alere Toxicology.
That test retuned a positive result for marijuana metabolites. [Tr. Vol. II at 144.) Results of the test were forwarded to a medical review officer (MRO). [id.] | Appeal No. 2728 | Suspension and Revocation Appeals Authority | 4/8/2020 | 4/8/2020 | | 6/2/2020 |
| Suspension and Revocation Appeals Authority | 2725 - JORY | On December 5, 2008, an Administrative Law Judge (ALJ) of the United States Coast Guard issued a Decision and Order (D&O) revoking the Merchant Mariner credentials of Respondent Jack Anthony Jory upon finding that Respondent posed a security risk and a threat to the safety of a marine vessel, a basis for suspension or revocation of a credential under 46 U.S.C. $ 7703(5). The factual allegation supporting the Coast Guard's Complaint alleged that on November 3,2008, Respondent threatened the life of the Master of the MA/ SEA FOX (O.N 551454).
Respondent appealed the D&O. Respondent's appeal was rejected and the D&O was affirmed via Commandant Decision on Appeal dated December 22,2010 (Appeal Decision 2691 (JORY), 2010 WL s79033s).
On June 30,2015, Respondent mailed a "Petition to Reopen," which was received at the Docketing Center on July 9,2015. On July 16,2015, the ALJ issued an Order Denying Respondent's Motion to Reopen. On July 28,2015, Respondent filed a Motion to Reconsider. The ALJ denied this request via an Order dated July 31,2015. Respondent now appeals the denial of his petition to reopen. In brief, Respondent, while serving aboard M/V SEA FOX on November 3, 2008, told the Master of M/V SEA FOX, "I will kill you." In events leading up to the statement, Respondent lunged at the Master while trying to grab a paper out of the Master's hand and struck the Master's hand, knocking a pen to the floor. In his findings, the ALJ characterized that action as an assault. On appeal, Respondent contended that no assault occurred, and also that it was improper to find an assault since he was not charged with assault. The appeal decision rejected both contentions. Respondent also contended that the ALJ erred in failing to grant a subpoena at issue on appeal had been made more than
a month after the record was closed and the D&O was issued. Accordingly, the contention concerning the subpoena, too, was rejected. | Appeal No. 2725 | Suspension and Revocation Appeals Authority | 3/8/2020 | 3/8/2020 | | 4/30/2020 |
| Suspension and Revocation Appeals Authority | 2724 - EDENSTROM | The Coast Guard complaint charged Respondent with two allegations of misconduct. First, the complaint alleged that Respondent failed to disclose a number of medical conditions on the Form CG-719K he submitted to the Coast Guard, in support of an application for renewal of his credential. Second, the complaint alleged that Respondent committed misconduct by failing to appear for a mandated random drug test on October 8, 2015.
Respondent appeals.
FACTS
On April 2I,2015, Respondent submitted Form CG-719K, Merchant Mariner Medical Evaluation Report, dated March 27,2015, to the National Maritime Center (NMC), in support of his application for renewal of his merchant mariner credential. [CG Exs. 6 &,7; D&O at 3.] Section I of the Form CG-719K requires the applicant mariner to attest, subject to prosecution under 18 U.S.C. $ 1001, that the information provided is truthful and complete, without knowing omission. Respondent signed, and so attested. [CG Ex. 7 at3.]
Section IV of the Form CG-719K, Certification of Medical Conditions, lists 88 medical conditions. As the form states at the top of Section IV, it "must be completed by applicant, and
reviewed by verifying medical practitioner." The instructions to that section provide, "Applicants must report their relevant medical conditions to the best of their knowledge, and the verifying medical practitioner must verify the medical conditions, using the table below." Respondent's March 2015 Form CG-719K indicates that Respondent did not report any diagnosis or treatment of any of the 88 listed medical conditions. ICG Ex. 7 at 5; D&O at 3.]
The NMC issued Respondent's renewed credential, which is the credential at issue in this proceeding, on May 8,2015. [CG Ex. l; D&O at 3.] | Appeal No. 2724 | Suspension and Revocation Appeals Authority | 2/18/2020 | 2/18/2020 | | 4/30/2020 |
| Suspension and Revocation Appeals Authority | 2723 - BOUDREAUX | The Coast Guard Complaint charged Respondent with one allegation of misconduct. The complaint alleged that Respondent committed misconduct by violating the drug and alcohol policy of his maritime employer, in refusing to submit to company-mandated random alcohol testing on April 9, 2016. The D&O added, by amendment to conform to proof, violation of a Master's lawful order as an additional element of the charged misconduct, and found the charge proved, as to violation of both a company policy and a Master's order. The ordered sanction was a sixty-day suspension of Respondent's credential.
Respondent appeals.
FACTS & PROCEDURAL HISTORY
At all times relevant to these proceedings, Respondent was the holder of a Merchant Mariner Credential issued to him by the United States Coast Guard and was employed as an able seaman by OSG Ship Management (OSG), aboard the MN OVERSEAS LONG BEACH. [D&O at 3.] Respondent's service on the OVERSEAS LONG BEACH was under the authority of his credential. | Appeal No. 2723 | Organization: Suspension and Revocation Appeals Authority | 12/30/2019 | 12/30/2019 | | 2/18/2020 |
| Suspension and Revocation Appeals Authority | 2722 - BADUA | FACTS & PROCEDURAL HISTORY
At all relevant times, Respondent held a Merchant Mariner Credential (MMC) issued by
the United States Coast Guard. On February 27,2018, Respondent took a required preemployment
drug test, pursuant to 46 CFR Part 16. The urine sample provided by Respondent
tested positive for hydromorphone. Respondent maintains that the positive result was the result
of a one-time, inadvertent use of another person's prescription medication.
The Coast Guard issued its Complaint against Respondent's MMC on April 13, 2018.
On April 30, 2018, the Coast Guard and Respondent entered into a Settlement Agreement, and
on May 7 , the Coast Guard filed a motion for approval of that agreement. On May 8, 2018, a
Coast Guard ALJ issued a Consent Order approving the terms of the Settlement Agreement. | Appeal No. 2722 | Suspension and Revocation Appeals Authority | 10/21/2019 | 10/21/2019 | | 11/5/2019 |
| Suspension and Revocation Appeals Authority | 2721 TOWNSEND | On May 21,2018, an Administrative Law Judge (ALJ) of the United States Coast Guard issued an Order of Dismissal rü/ith Prejudice, Order Denying Motion for Continuance, Order Disapproving Settlement Agreement (ALJ Orders), finding that the Coast Guard lacked jurisdiction to maintain its suspension and revocation action against the Merchant Mariner Credential (MMC) of Respondent James Townsend after the National Maritime Center denied
his request to renew his MMC, imposing a one-year assessment period from the date of Respondent's conviction for battery, and following the subsequent expiration of Respondent's
MMC.
The Coast Guard appeals.
I will grant the appeal because the ALJ erred in finding a lack ofjurisdiction.
BACKGROUND
Respondent was the holder of an MMC issued to him by the United States Coast Guard,
which had been renewed on April 18,2012. [ALJ Orders at 4r] Typically, an MMC is issued for
five years, and Respondent's MMC would have been expired on April 19,2017. [Tr. at l0-11]
In this case, Respondent's MMC expired on September 30,2017, because of a nation-wide
automatic extension applicable to all credentials expiring after December 1,2016. lld. at l0; Tr.
at l9; Coast Guard Complaint | Appeal No. 2721 | Suspension and Revocation Appeals Authority | 12/27/2018 | 12/27/2018 | | 2/6/2019 |
| Suspension and Revocation Appeals Authority | 2720 ARGAST | On July 7,2016, an Administrative Law Judge (hereinafter "ALJ") of the United States Coast Guard issued a Decision and Order (hereinafter "D&O") finding proved the Coast Guard's Complaint against the Merchant Mariner Credential of Respondent, Mr. Daniel James Argast, and ordering the revocation of his Merchant Mariner Credential. The Coast Guard Complaint charged use of or addiction to the use of dangerous drugs, specifically alleging that Respondent submitted to a drug test, and that the specimen he provided
tested positive for the presence of cocaine metabolites.
Respondent appeals.
FACTS
At all times relevant to these proceedings, Respondent was the holder of a Merchant
Mariner Credential issued to him by the United States Coast Guard. [D&O at 6]
Respondent has been employed as a "Civilian Mariner" employee of Military Sealift
Command (hereinafter "MSC"), an agency of the United States Navy, since August3,20l2.
lD&O at 6] MSC has a Memorandum of Agreement with the United States Coast Guard
whereby the Coast Guard recognizes that Civilian Mariners are subject to the Navy's Drug Free
V/orþlace Program. [Id.] The chemical drug testing procedures used by MSC differ from the
requirements of 46 C.F.R. Part 16 and the procedures set forth at 49 C.F.R.Part 40, which apply
to civilian merchant mariners in general. [1d.] Under the Memorandum of Agreement, MSC is
authorized to use alternative testing procedures. lld.l Consistent with this agreement, MSC
conducts its drug testing program under the technical guidelines for drug testing provided by the
Department of Health and Human Services (hereinafter "HHS"). [1d.] | Appeal No. 2720 | Suspension and Revocation Appeals Authority | 11/5/2018 | 11/5/2018 | | 2/6/2019 |
| Suspension and Revocation Appeals Authority | 2719 - VOELCKERS | By a Decision and Order (D&O) dated August 29,2016, an Administrative Law Judge (ALJ) of the United States Coast Guard suspended the Merchant Mariner Credential (MMC) of Mr. Neil Alan Voelckers, Respondent, for thirty days upon finding proved à single allegation of misconduct. The allegation found proved alleges that on multiple occasions from May 2013 to September 2015, while holding an MMC endorsed for service as a Master of Steam, Motor or Auxiliary Sail Vessels of not more than I00 gross registered tons, Respondent served as Master of the 198-gross-ton SEA RANGER, including when the SEA RANGER was moored in the Bay of Pillars carrying passengers for hire, in violation of 46 C.F.R. $ i 5.905(b). | Appeal No. 2719 | Suspension and Revocation Appeals Authority | 8/13/2018 | 8/13/2018 | | 11/7/2018 |
| Suspension and Revocation Appeals Authority | 2718 LEWIS | On April 11, 2016, an Administrative Law Judge (hereinafter "ALJ") of the United States
Coast Guard revoked Merchant Mariner Credential of Respondent, Mr. Kevin Gerod Lewis,
upon finding proved a charge of use of or addiction to the use of dangerous drugs.
The ALJ' s bench decision was followed by the issuance of a Decision and Order
(hereinafter "D&O") dated April 14, 2016.
The Coast Guard Complaint alleged that Respondent submitted to a non-DOT drug test
on June 26, 2015, and that the specimen he provided subsequently tested positive for the
presence of cocaine metabolites.
Respondent appeals. | Appeal No. 2718 | Suspension and Revocation Appeals Authority | 4/6/2018 | 4/6/2018 | | 4/16/2018 |
| Suspension and Revocation Appeals Authority | 2717 - CHESBROUGH III | By a Decision and Order (hereinafter "D&O") dated July 26, 2016, an Administrative Law
Judge (hereinafter "ALJ") of the United States Coast Guard revoked the Merchant Mariner
Credential of Mr. Richard Albert Chesbrough, the Respondent, upon finding proved two
specifications of misconduct and one specification of conviction of an offense that would preclude
issuance of a Coast Guard MMC.
The misconduct allegations found proved were those set forth in Allegation Number Two (making a false statement in a casualty investigation) and Allegation Number Three (attempting to
induce a witness to testify falsely in connection with a marine casualty) of the Complaint.
Allegation Number Six of the Complaint (conviction of an offense that would prevent the issuance
or renewal ofa MMC) was also found proved.
FACTS
At all relevant times, Respondent was the holder of a Merchant Mariner Credential issued
to him by the United States Coast Guard.
The MN WILLAMETTE QUEEN is a fiberglass-hulled stemwheeler constructed in 1990.
[D&O at 3; Tr. Vol. Ip. 22] WILLAMETTE QUEEN's length is 87 feet overall; its hull and
engine comprise 65 feet of that distance while the stemwheel and its protective girder make up the
remainder. [D&O at 3; Tr. Vol. I at 22, 30]. The vessel has a draft of three feet. [D&O at 3; Tr.
Vol. I at 25] | Appeal No. 2717 | Suspension and Revocation Appeals Authority | 12/27/2017 | 12/27/2017 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 2716 - CHESBROUGH temp, license | APPEARANCES
For the Government:
LCDR Benjamin M. Robinson
Coast Guard Sector Columbia River
Respondent:
Mr. Richard Albert Chesbrough, pro se
Administrative Law Judge: George J. Jordan
This appeal is taken in accordance with 46 U.S.C. Chapter 77, 46 C.F.R. Part 5, and
33 C.F.R. Part 20.
On July 26, 2016, an Administrative Law Judge (hereinafter "ALJ") of the United States
Coast Guard issued a Decision and Order revoking the Merchant Mariner Credentials of
Mr. Richard A. Chesbrough (hereinafter "Respondent") upon finding proved two specifications
of misconduct, and one specification of conviction of an offense that would preclude issuance of : "
a Coast Guard MMC.
On July 22, 2016, Respondent filed a Notice of Appeal in the matter. He perfected his
appeal by filing an Appellate Brief on August 30, 2016. In a letter dated August 3 0, 2016, Respondent requested issuance of a Temporary
Mariner Credential as appellate action commenced in his case. The ALJ considered
Respondent's request and, on October 13, 2016, issued a Decision and Order denying issuance of
a temporary credential to Respondent. Via letter dated October 29, 2016, Respondent attacks the
ALJ's denial of a temporary credential, among other things, and requests that his credential be
returned to him while he waits for the outcome of his case. I am treating this as an appeal of the
ALJ's denial of his request for a temporary credential.
The ALJ's decision on the temporary credential refers to all tlu·ee of the allegations found
proved: Allegations Two (misconduct: making a false statement in a casualty investigation),
Three (misconduct: attempting to induce a witness to testify falsely in a marine casualty
investigation), and Six (conviction of an offense that would prevent the issuance or renewal of a
MMC). | Appeal No. 2716 | Suspension and Revocation Appeals Authority | 3/23/2017 | 3/23/2017 | | 10/31/2017 |
| Suspension and Revocation Appeals Authority | 2715 - SOLOMON | APPEARANCES
For the Government:
CWO Dan Sammons, USCG
LT John D. Nee, USCG
Senior Investigating Officer Mark Gibbs
For Respondent:
Graham W. Syfert, Esq.
Administrative Law Judge: Dean C. Metry
This appeal is taken in accordance with 46 U.S.C. Chapter 77, 46 C.F.R. Part 5, and
33 C.F.R. Part 20.
By a Decision and Order (hereinafter "D&O") dated May 15, 2013, an Administrative Law
Judge of the United States Coast Guard (hereinafter "ALJ") suspended the Merchant Mariner
Document of Ms. Simone Joyce Solomon (hereinafter "Respondent") for fourteen months upon
finding proved one charge of misconduct. The specification found proved alleged that on July 2,
2012, Respondent, while serving as a crewmember aboard the vessel ALLIANCE
CHARLESTON, refused a chemical test, in violation of 49 C.F.R. § 40.191(b), by submitting what
according to 49 C.F.R. § 40.93(b) was a substituted urine specimen.
Respondent subsequently appealed the D&O to the Commandant, United States Coast
Guard, who affirmed the D&O. Respondent then appealed to the National Transportation Safety
Board (NTSB). In Zukunft v. Solomon, NTSB Order No. EM-213 (March 24, 2016), the NTSB
remanded the matter for further examination of salient issues.
The parties now advise that they have reached a tentative settlement agreement, and
request that the matter be remanded to the ALJ to allow the agreement to be effected. | Appeal No. 2715 | Suspension and Revocation Appeals Authority | 10/3/2016 | 10/3/2016 | | 10/31/2017 |
| Suspension and Revocation Appeals Authority | 2714 - EAJA DAVIS | APPLICATION FOR ATTORNEY'S FEES FROM THE UNITED STATES COAST
GUARD
APPEARANCES
For the Government:
Mr. Brian C. Crockett, Esq.
Suspension and Revocation National Center of Expertise
For Applicant:
Mr. Brian McEwing, Esq.
Reeves McEwing, LLP
Administrative Law Judge: Walter J. Brudzinski
This appeal is taken in accordance with 5 U.S.C. § 504 and 49 C.F.R. Part 6.
By order dated June 5, 2014, an Administrative Law Judge (ALJ") of the United States
Coast Guard denied the application for attorney's fees and expenses of Clint Walker Davis, Jr.
("Applicant"), incurred as a result of defending himself at a Suspension and Revocationproceeding ("S&R proceeding") against a charge of use of or addiction to the use of dangerous
drugs brought by the Coast Guard against his merchant mariner credential.
In its Complaint, the Coast Guard alleged that Applicant, an active-duty Coast Guard
member, also the holder of a Coast Guard-issued merchant mariner credential, submitted to a
Coast Guard-mandated random drug test on January 11, 2012. The urine sample allegedly
provided by Applicant subsequently tested positive for the presence of cocaine metabolites. | Appeal No. 2714 | Suspension and Revocation Appeals Authority | 2/26/2016 | 2/26/2016 | | 10/31/2017 |
| Suspension and Revocation Appeals Authority | 2712 - MORRIS | APPEARANCES
For the Government:
LCDR Maureen D. Johnson, USCG
Mr. John J. Hulslander
Coast Guard Sector Buffalo
For Respondent:
Mrs. Ana Magdalena Morris, as Representative
Administrative Law Judge: Michael J. Devine
This appeal is taken in accordance with 46 U.S.C. Chapter 77, 46 C.F.R. Part 5 and 33 C.F.R. Part 20.
By a Decision and Order (hereinafter "D&O") dated March 7, 2013, an Administrative Law Judge (hereinafter "ALJ") of the United States Coast Guard dismissed the Complaint against the Merchant Mariner Document of Mr. Kwame Rey Morris (hereinafter "Respondent"). The Coast Guard Complaint charged use of or addiction to the use of dangerous drugs, specifically
alleging that Respondent submitted to a random drug test, and that the specimen he provided tested positive for the presence of cocaine metabolites. Upon determining that the Coast Guard failed to provide substantial evidence that Respondent's positive drug test met all the elements of a prima facie case, the ALJ found the
charge not proved and dismissed the complaint with prejudice. | Appeal No. 2712 | Suspension and Revocation Appeals Authority | 1/5/2016 | 1/5/2016 | | 10/31/2017 |
| Suspension and Revocation Appeals Authority | 2713 - SCOTO | APPEARANCES
For the Government:
Mr. Gary F. Ball, Esq.
Mr. James P. Fink
Suspension and Revocation National Center of Expertise
For Respondent:
Mr. Terrence S. Cox, Esq.
Courtney M. Crawford, Esq.
Cox, Wooten, Griffen, Hanson & Poulos, LLP
Administrative Law Judge: Parlen L. McKenna
This appeal is taken in accordance with 46 U.S.C. Chapter 77, 46 C.F.R. Part 5, and 33
C.F .R. Part 20.
By a Decision and Order (hereinafter "D&O") dated November 7, 2011, an Administrative
Law Judge (hereinafter "ALJ") of the United States Coast Guard ordered the suspension of
Respondent's Coast Guard-issued Merchant Mariner License for one month upon finding proved
one allegation of misconduct. The Coast Guard properly appealed. I have learned that Respondent
passed away following the filing of the Coast Guard's appeal.
Past Commandant's Decisions on Appeal have held that when a Respondent dies during
the pendency of his appeal, the ALJ's order should be vacated and the Coast Guard's Complaint
against his mariner credential should be dismissed. Appeal Decision 2684 (SCARBOUGH)
(2009);Appeal Decision 2134 (JOHNSON) (1978) (citing Melrose Distillers, Inc. v. United States,
359 U.S. 271, 272 (1959)). This result mirrors the custom in Federal practice to abate the
proceeding ab initio when the defendant dies. "The only fair and reasonable disposition [of the
pending litigation when a Respondent dies] is to wipe the slate clean" by dismissing the matter.
JOHNSON at 3.
This case is distinguishable from the two precedents cited in that the Government rather
than the Respondent has lodged the appeal. The result should, nonetheless, remain the same. See
DiOrio v. Nicholson, 216 Fed.Appx. 974 (2007) (when the Government appealed a veteran's
benefit decision and the veteran died during the pendency of that appeal, the decision was
vacated). | Appeal No. 2713 | Suspension and Revocation Appeals Authority | 1/5/2016 | 1/5/2016 | | 10/31/2017 |
| Suspension and Revocation Appeals Authority | 2711 - TROSCLAIR | APPEARANCES
For the Government:
Bruce L. Davies, Esq.
CWO James R. Mints, USCG
Coast Guard Marine Safety Unit Port Arthur
For the Respondent:
Christopher H. Riviere, Esq.
William N. Abel, Esq.
Law Office of Christopher H. Riviere
Administrative Law Judge: Bruce Tucker Smith
This appeal is taken in accordance with 46 U.S.C. Chapter 77, 46 C.F.R. Part 5 and
33 C.F.R. Part 20.
By a Decision and Order (hereinafter "D&O") dated April 23, 2014, an Administrative
Law Judge (hereinafter "ALJ") of the United States Coast Guard revoked the Merchant Mariner
Credential of Mr. Byron Anthony Trosclair (hereinafter "Respondent") upon finding proved two
specifications of negligence and one specification of misconduct.
The first negligence specification alleges that Respondent, while acting under the authority of his Coast Guard-issued license as Master of the STARFLEET PATRIOT, was negligent in that
he failed to ensure that the STARFLEET PA TRI OT was positioned close enough to the platform
that was the destination of his passengers to ensure the safe swing rope transfers of the passengers,
and intentionally made the swing rope transfers more difficult than necessary in order to provide
"training" for the passengers that were transferring from the ST ARFLEET PATRIOT to the
platform.
The second negligence specification alleges that Respondent, while in the same capacity,
was negligent in that he failed to have the vessel's rescue ladder/platform in a ready position
during passenger transfers from the ST ARFLEET PA TRI OT to the work platform, and failed to
provide any rescue assistance to a passenger who had fallen overboard while attempting to swing
from the vessel to the platform.
The misconduct specification alleges that Respondent, while in the same capacity, violated
46 U.S.C. § 2303 by wrongfully failing to render assistance to an overboard passenger after a
marine casualty. | Appeal No. 2711 | Suspension and Revocation Appeals Authority | 12/1/2015 | 12/1/2015 | | 10/31/2017 |
| Suspension and Revocation Appeals Authority | 2710 - HOPPER | APPEARANCES
For the Government:
Gary F. Ball, Esq.
LT Takila S. Powell, USCG
For Respondent:
William B. Hidalgo, Esq.
Administrative Law Judge: Bruce Tucker Smith
This appeal is taken in accordance with 46 U.S.C. Chapter 77, 46 C.F.R. Part 5, and the
procedures in 33 C.F.R. Part 20.
By a Decision and Order (hereinafter “D&O”) dated September 10, 2014, an
Administrative Law Judge (hereinafter “ALJ”) of the United States Coast Guard dismissed with
prejudice the Coast Guard’s Complaint seeking revocation of the Merchant Mariner Credential
of Mr. Nelson Greg Hopper (hereinafter “Respondent”). The Complaint charged Respondent
with use of, or addiction to the use of, dangerous drugs. The Complaint alleged that Respondent
participated in a random drug test and his samples tested positive for cocaine metabolites. The
ALJ found that the Coast Guard had failed to establish a prima facie case because it did not
prove that Respondent had been ordered to test in accordance with 46 C.F.R. Part 16. Although the record shows that the service agent for Respondent’s employer used a computer-based
random number generator to produce a list of vessels for drug testing, which included the vessel
in which Respondent served, the ALJ found that the Coast Guard had failed to prove that the
selection was random because it did not establish that the selection was made by a scientifically
valid method. | Appeal No. 2710 | Suspension and Revocation Appeals Authority | 10/13/2015 | 10/13/2015 | | 10/31/2017 |
| Suspension and Revocation Appeals Authority | 2709 - COFFY | APPEARANCES
For the Government:
LT Gregory J. Knoll, USCG
LT Jessica L. Bohn, USCG
LT Eric L. Sumpter, USCG
Coast Guard Sector Hampton Roads
Respondent:
Mr. William Tee Coffy, pro se
Administrative Law Judge: Michael J. Devine
This appeal is taken in accordance with 46 U.S.C. Chapter 77, 46 C.F.R. Part 5 and
33 C.F.R. Part 20.
By a Decision and Order (hereinafter "D&O") dated January 7, 2013, an Administrative
Law Judge (hereinafter "ALJ") of the United States Coast Guard revoked the Merchant Mariner
Credential of Mr. William Tee Coffy (hereinafter "Respondent") upon finding proved one
specification of use of or addiction to the use of dangerous drugs.
The specification found proved alleges that Respondent submitted to a random drug test on
May 3, 2012, and that the specimen that he provided subsequently tested positive for the presence
of cocaine metabolites. | Appeal No. 2709 | Suspension and Revocation Appeals Authority | 6/3/2015 | 6/3/2015 | | 10/31/2017 |
| Suspension and Revocation Appeals Authority | 2708 - SOLOMON | APPEARANCES
For the Government:
CWO Dan Sammons, USCG
LT John D. Nee, USCG
Senior Investigating Officer Mark Gibbs
For Respondent:
Graham W. Syfert, Esq.
Administrative Law Judge: Dean C. Metry
This appeal is taken in accordance with 46 U.S.C. Chapter 77, 46 C.F.R. Part 5, and
33 C.F.R. Part 20.
By a Decision and Order (hereinafter "D&O") dated May 15, 20 ~ 3, an Administrative Law
Judge (hereinafter "AU") of the United States Coast Guard suspended the Merchant Mariner
Document of Ms. Simone Joyce Solomon (hereinafter "Respondent") for fourteen months upon
finding proved one charge of misconduct. The specification found proved alleges that on July 2,
2012, Respondent, while serving as a crewmember aboard the vessel ALLIANCE
CHARLESTON, refused a chemical test, in violation of 49 C.F .R. § 40.191 (b ), by submitting what
according to 49 C.F.R. § 40.93(b) was a substituted specimen. | Appeal No. 2708 | Suspension and Revocation Appeals Authority | 5/18/2015 | 5/18/2015 | | 10/31/2017 |
| Suspension and Revocation Appeals Authority | 2706 - CHESBROUGH | APPEARANCES
For the Government:
LT Kimberly D. Rule, USCG
Coast Guard Marine Safety Unit Portland
Respondent Pro se
Administrative Law Judge: George J. Jordan
This appeal is taken in accordance with 46 U.S.C. Chapter 77, 46 C.F.R. Part 5 and
33 C.F.R. Part 20.
By a Decision and Order (hereinafter "D&O") dated July 25, 2012, an Administrative Law
Judge (hereinafter "AU") of the United States Coast Guard suspended the Merchant Mariner
License of Mr. Richard Albert Chesbrough (hereinafter "Respondent") for two months outright
and ordered a further two months suspension on eighteen months probation upon finding proved
one specification of misconduct and one specification of negligence.
The misconduct specification alleges that on April 12, 2011, Respondent, while acting
under the authority of his Coast Guard-issued mariner license, committed misconduct by
navigating the vessel WILLAMETTE QUEEN from the Willamette Slough into the Willamette River in violation of the vessel's Certificate of Inspection, which limited operation of the vessel to
the Willamette Slough when the river gauge at Salem reads 11 feet or more, as it did on the
relevant date. The negligence specification alleges the same facts and further alleges that
Respondent acted negligently by failing to check the river gauge at Salem to ascertain the river's
stage, by operating the vessel outside the conditions of its Certificate of Inspection, and by
grounding the vessel at Mile 85 on the Willamette River. | Appeal No. 2706 | Suspension and Revocation Appeals Authority | 1/23/2015 | 1/23/2015 | | 10/31/2017 |
| Suspension and Revocation Appeals Authority | 2707 - CHESBROUGH II | APPEARANCES
For the Government:
LT Kimberly D. Rule, USCG
CWO John Nay, USCG
Coast Guard Marine Safety Unit Portland
For the Respondent:
Mr. Richard Albert Chesbrough
Co-Representative: Mr. Scott Clifford
Vancouver, Washington
Administrative Law Judge: George J. Jordan
This appeal is taken in accordance with 46 U.S.C. Chapter 77, 46 C.F.R. Part 5 and
33 C.F.R. Part 20.
By a Decision and Order (hereinafter "D&O") dated September 18, 2013, an
Administrative Law Judge (hereinafter "ALJ") of the United States Coast Guard suspended the
Merchant Mariner Credential of Mr. Richard Albert Chesbrough (hereinafter "Respondent") for
two months upon finding proved one specification of misconduct.
The misconduct specification alleges that on May 9, 2012, Respondent, while acting under
the authority of his Coast Guard-issued mariner license, committed misconduct by navigating the
vessel WILLAMETTE QUEEN from the Willamette Slough into the Willamette River in
violation of the vessel's Certificate of Inspection, which limited operation of the vessel to the
Willamette Slough when the river gauge at Salem reads 11 ft or more, as it did on the relevant date. | Appeal No. 2707 | Suspension and Revocation Appeals Authority | 1/23/2015 | 1/23/2015 | | 10/31/2017 |
| Suspension and Revocation Appeals Authority | 2705 - PLENDER | APPEARANCES
For the Government:
Mr. Gary F. Ball
VICE COMMANDANT
ON APPEAL
NO. • 27 0 5
Suspension and Revocation National Center of Expertise
For Respondent:
William Hewig III, Esq.
Kopelman and Paige, P.C.
Administrative Law Judge: Walter J. Brudzinski
This appeal is taken in accordance with 46 U.S.C. § 7701, et seq., 46 C.F.R. Part 5, and the
procedures in 33 C.F .R. Part 20.
By a Decision and Order (hereinafter "D&O") dated September 17, 2012, an
Administrative Law Judge (hereinafter "ALJ") of the United States Coast Guard revoked the
Merchant Mariner Credentials issued to Mr. Kirk C. Plender (hereinafter "Respondent") upon
finding proved one charge of incompetence.
The specification found proved alleges the following. Respondent submitted a completed
Merchant Mariner Physical Examination Report (Form CG-719K) to the Coast Guard on February 18, 2010. His Implantable Cardioverter Defibrillator (hereinafter "ICD") and underlying
cardiac conditions documented in the Form CG-719K rendered him physically incompetent and
unfit for merchant mariner duties. The Coast Guard National Maritime Center (hereinafter
''NMC"), on March 22, 2010, informed Respondent that he was not medically fit for merchant
mariner duties due to the heart condition and ICD. Thereafter, on multiple occasions between
March 22, 2010, and November 21, 2011, Respondent served onboard American President Lines
(hereinafter "APL") vessels as Chief Mate, a safety-sensitive position required by the vessels'
Certificates of Inspection. Finally, the specification alleges that by so serving while not medically
fit to do so, Respondent committed an act of incompetence. | Appeal No. 2705 | Suspension and Revocation Appeals Authority | 10/1/2014 | 10/1/2014 | | 10/31/2017 |
| Suspension and Revocation Appeals Authority | 2704 - FRANKS | APPEARANCES
For the Government:
CWO Christian Menefee, USCG
LT Christopher Jones, USCG
Coast Guard Sector Houston/Galveston
Mr. Brian C. Crockett
Suspension and Revocation National Center of Expertise
For Respondent:
Michael Aaron Franks, pro se
Administrative Law Judge: Dean C. Metry
This appeal is taken in accordance with 46 U.S.C. § 7701 et seq., 46 C.F.R. Part 5, and the
procedures in 33 C.F.R. Part 20.
By a Decision and Order (hereinafter “D&O”) dated November 16, 2011, an
Administrative Law Judge (hereinafter “ALJ”) of the United States Coast Guard dismissed the
Coast Guard’s Complaint against Mr. Michael Aaron Franks (hereinafter “Respondent”). The
Complaint alleged that Respondent was a user of or was addicted to the use of dangerous drugs.
While the ALJ found that Respondent tested positive for cocaine metabolites during a drug test, because the ALJ determined that Respondent’s drug test was not conducted in accordance with the
regulatory requirements of 46 C.F.R. Part 16 (the Coast Guard’s chemical testing requirements),
the ALJ found the Coast Guard’s Complaint Not Proved and dismissed the matter with prejudice. | Appeal No. 2704 | Suspension and Revocation Appeals Authority | 7/30/2014 | 7/30/2014 | | 10/31/2017 |
| Suspension and Revocation Appeals Authority | 2703 - WEBER | APPEARANCES
For the Government:
LT Jeff A. Fry, USCG
James P. Fink, USCG
For Respondent:
Terry D. Weber, prose
Administrative Law Judge: Walter J. Brudzinski
This appeal is taken in accordance with 46 U.S.C. § 7701 et seq., 46 C.P.R. Part 5, and the
procedures in 33 C.F.R. Part 20.
By a Decision and Order (hereinafter "D&O") dated September 22, 2011, an
Administrative Law Judge (hereinafter "AU") of the United States Coast Guard revoked the
Merchant Mariner License of Mr. Terry D. Weber (hereinafter "Respondent") upon finding
proved a charge of use of dangerous drugs in violation of 46 U.S.C. § 7704(c) and 46 C.F.R. §
5.35. The specification found proved alleged that on January 31, 2011, Respondent submitted to a
random drug test and provided a urine sample that tested positive for the presence of marijuana
metabolites. | Appeal No. 2703 | Suspension and Revocation Appeals Authority | 11/4/2013 | 11/4/2013 | | 10/31/2017 |
| Suspension and Revocation Appeals Authority | 2702 - CARROLL | APPEARANCES
For the Government:
CWO Christian Menefee, USCG
L T Christopher L. Jones, USCG
Coast Guard Sector Houston/Galveston
Mr. Gary F. Ball
Suspension and Revocation National Center of Expertise
For Respondent:
Vuk S. Vujasinovic, Esq.
Kenneth B. Fenelon, Jr., Esq.
Vujasinovic & Beckcom, PLLC
Administrative Law Judge: Dean C. Metry
This appeal is taken in accordance with 46 U.S.C. § 7701 et seq., 46 C.F.R. Part 5, and the
procedures in 33 C.P.R. Part 20.
By a Decision and Order (hereinafter "0&0,.) dated January 20, 2012, an Administrative
Law Judge (hereinafter "ALJ") of the United States Coast Guard suspended the Merchant Mariner
License of Mr. Shean Mason Carroll (hereinafter "Respondent") for twenty-four months upon
finding proved two charges of misconduct in violation of 46 U.S.C. § 7703(1 )(b) and 46 C.F.R. § 5.27, by refusing a drug test. The specifications found proved alleged that on February 5, 2010,
Respondent refused a drug test, following a determination that the temperature of his urine sample
was outside the acceptable range, by failing to raise and lower his clothing to permit the observer
to determine that he did not have a prosthetic device, and by possessing or wearing a prosthetic
device that could be used to interfere with the sample collection process. The Coast Guard
appeals. | Appeal No. 2702 | Suspension and Revocation Appeals Authority | 10/10/2013 | 10/10/2013 | | 10/31/2017 |
| Suspension and Revocation Appeals Authority | 2701 - CHRISTIAN | DECISION OF THE COMMANDANT ON APPEAL FROM DENIAL OF
APPLICATION FOR ATTORNEY'S FEES FROM THE UNITED STATES COAST
GUARD
This appeal is taken in accordance with S U.S.C. § S04 and 49 C.F.R. Part 6.
By order dated July 21,2011, an Administrative Law Judge (hereinafter "AU") of the
United States Coast Guard denied Aaron Louis Christian's (hereinafter "Respondent'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 merchant mariner credentials.
Through its original Complaint, the Coast Guard alleged that Respondent committed misconduct
and violation of law or regulation by manifesting a blood alcohol content level in excess of the
Department of Transportation's Breath Alcohol standards. The Coast Guard subsequently
amended its Complaint to remove the "violation of law or regulation" allegation. The allegation
of misconduct remained and was a pending charge throughout all stages of the proceeding
against Respondent's merchant mariner credentials. The misconduct allegation alleged that
Respondent violated a company policy which prohibits employees from reporting to work under
the influence of alcohol. | Appeal No. 2701 | Suspension and Revocation Appeals Authority | 7/22/2013 | 7/22/2013 | | 10/31/2017 |
| Suspension and Revocation Appeals Authority | 2700 -THOMAS | By a Decision and Order (hereinafter "D&O") dated June 2, 2011, Walter J. Brudzinski,
an Administrative Law Judge (hereinafter "ALJ'') of the United States Coast Guard, revoked the
Merchant Mariner credential of Mr. Corinthis Emile Thomas (hereinafter "Respondent") upon a
finding of default in a proceeding that alleged, as the basis for revocation, two counts of
incompetence and one count of misconduct.
PROCEDURAL HISTORY
NO. ·27 0 0
i
This case progressed as follows:
• January 28, 2011-Coast Guard files Complaint against Respondent's Merchant
Mariner credential alleging two counts of incompetence and one count of
misconduct.
• February 17, 2011-Complaint received at Respondent's address ofrecord and
signed for by Respondent.
• February 18, 2011-Respondent files his answer in the matter wherein he denies
all jurisdictional and factual allegations and agrees with the proposed hearing
dates of April 19, 20, or 21 , 2011, and the proposed hearing location at the
Alexander Hamilton Customs House in New York, New York.
• March 28, 2011-ALJ issues Scheduling Order in the case setting the hearing of
April 20, 2011, at the Alexander Hamilton Customs House in New York, New
York.
• April 13, 2011-Coast Guard files a Motion for a Pre-Hearing Conference to be
conducted via telephone.
• April 14, 2011-ALJ issues Scheduling Order- Pre-Hearing Conference
granting the Coast Guard's Motion for a Pre Hearing Conference and setting a
teleconference for April 18, 2011 at 3 :00 p.m. EST.
• April 18, 2011-Pre-Hearing Conference held, Respondent does not attend;
Coast Guard moves orally for default due to Respondent's failure to appear. ALJ
takes motion under advisement, providing Respondent the opportunity to appear
at the hearing. [Memorandum and Order of Pre-Hearing Teleconference at 1)
• April 20, 2011-Hearing held; Respondent does not attend and Coast Guard
again moves orally for a default in the matter. [Order to Show Cause at 1-2] | Appeal No. 2700 | Suspension and Revocation Appeals Authority | 7/13/2012 | 7/13/2012 | | 11/27/2017 |
| Suspension and Revocation Appeals Authority | 2699 - MAXWELL | On September 23, 2010, the Coast Guard filed an original Complaint against Respondent, which was later amended. [D&O at 1] On November 30, 2010, after receiving an extension of time, Respondent filed an Answer to the original Complaint wherein he admitted all jurisdictional allegations but denied all factual allegations. [Id.]
The Coast Guard filed its first Amended Complaint in the matter on December 20, 2010. [D&O at 1] On January 7, 2011, the Coast Guard filed a second Amended Complaint. [D&O at 2] The factual allegations of the second Amended Complaint alleged as follows:
1. On 07/29/2010, the Respondent, Earl W. Maxwell . . . was convicted of Use/Possession of Drug Paraphernalia by the District Court of Mobile County, Alabama.
2. Use/Possession of Drug Paraphernalia is a misdemeanor under the Code of the State of Alabama, Title 13A; Criminal Code Section 13A-12-260.
3. Code of the State of Alabama, Title 13A; Criminal Code Section 13A-12-260 is a Dangerous Drug Law of the State of Alabama.
4. The Respondent, Earl W. Maxwell was convicted within the last 10 years of violating a Dangerous Drug Law of a State, as described by Title 46 U.S. Code Section | Appeal No. 2699 | Suspension and Revocation Appeals Authority | 7/13/2012 | 7/13/2012 | | 8/24/2020 |
| Suspension and Revocation Appeals Authority | 2698 - HOCKING | By a Decision and Order (hereinafter “D&O”) dated January 4, 2011, Michael J. Devine,
an Administrative Law Judge (hereinafter “ALJ”) of the United States Coast Guard, ordered the
revocation of the Merchant Mariner License of Mr. James Bruce Hocking (hereinafter
“Respondent”) upon finding proved one charge of incompetence.
The specification found proved alleged that, after Respondent submitted a completed
Merchant Mariner Physical Examination Report (Form CG-719K) to the Coast Guard on
December 4, 2008, the National Maritime Center (hereinafter “NMC”), on April 2, 2009,
informed Respondent that he was not medically fit for merchant mariner duties due to a heart
condition and the placement of an Implantable Cardioverter Defibrillator (hereinafter “ICD”).
Thereafter, on multiple occasions between May 18, 2009, and May 31, 2009, Respondent served
as Master of the M/V NANTUCKET, a Coast Guard-inspected passenger ferry, upon the waters
of Nantucket Sound. The specification alleges that by so operating the vessel while not
medically fit to do so, Respondent committed an act of incompetence. | Appeal No. 2698 | Suspension and Revocation Appeals Authority | 4/25/2012 | 4/25/2012 | | 11/27/2017 |
| Suspension and Revocation Appeals Authority | 2697 - GREEN | This appeal is taken in accordance with 46 U.S.C. § 7703,46 C.F.R. Part 5, and the
procedures set forth in 33 C.F.R. Part 20.
By a Decision and Order (hereinafter "D&O") dated January 4,2011, Bruce T. Smith, an
Administrative Law Judge (hereinafter "ALJ") of the United States Coast Guard at Paducah,
Kentucky, ordered the revocation of the Merchant Mariner License of Mr. Randy Joe Green
(hereinafter "Respondent") upon finding proved one charge of use of or addiction to the use of
dangerous drugs.
The specification found proved alleged that Respondent submitted to a random drug test
on July 15,2010, and that the specimen that he provided subsequently tested positive for the
presence of marijuana metabolites. | Appeal No. 2697 | Suspension and Revocation Appeals Authority | 11/14/2011 | 11/14/2011 | | 11/27/2017 |
| Suspension and Revocation Appeals Authority | 2696 - CORSE | This appeal is taken in accordance with 46 U.S.c. § 7701 et seq., 46 C.F.R.
Part 5, and the procedures in 33 C.F.R. Part 20.
By a Default Order dated October 15,2010, Bruce T. Smith, an Administrative
Law Judge (hereinafter "ALJ") of the United States Coast Guard, revoked the Merchant
Mariner License of Mr. Brandon Scott Corse (hereinafter "Respondent") upon a finding
of default in a proceeding that alleged, as the basis for revocation, use of or addiction to
the use of dangerous drugs. The Complaint alleged that on January 23,2010,
Respondent submitted to a reasonable suspicion drug test and provided a urine sample
that tested positive for the presence of marijuana metabolites. | Appeal No. 2696 | Suspension and Revocation Appeals Authority | 7/18/2011 | 7/18/2011 | | 11/27/2017 |
| Suspension and Revocation Appeals Authority | 2695 - AILSWORTH | This appeal is taken in accordance with 46 U.S.C. § 7701 et seq., 46 C.F.R. Part
5, and the procedures set forth in 33 C.F.R. Part 20.
By a decision and order (hereinafter "D&O") dated August 31, 2009, Michael J.
Devine, an Administrative Law Judge (hereinafter "ALJ") of the United States Coast
Guard, at Norfolk, Virginia, revoked the merchant mariner license of Mr. William Dea
Ailsworth (hereinafter "Respondent"), upon finding proved one charge of negligence and
two charges of violation of law or regulation. The first specification found proved
alleged that on January 11 , 2009, Respondent, the master of a towing vessel, grounded a
listing barge, the SL-119, and then caused it to sink on January 12, 2009, by negligently
removing it from its beached position on the shore before remedying the cause of the list.
The second specification found proved alleged that Respondent violated 46 C.F.R.
§ 4.05-10 by failing to submit a marine casualty report to the Coast Guard within five
days of the sinking. The third specification found proved alleged that Respondent
violated 46 C.F.R. § 4.05-1 by failing to notify the Coast Guard immediately of an occurrence materially affecting a vessel's seaworthiness when he failed to immediately
notify the Coast Guard of the list that caused him to ground the SL-119. The ALJ
dismissed a fourth specification alleging that Respondent wrongfully failed to comply
with a subpoena to appear.
APPEARANCES: Michael L. Donner, Sr., Esq., Hubbard, Terry & Britt, P.C. 293
Steamboat Road, Irvington, VA, 22480, for Respondent. The Coast Guard was
represented by LT Candice Casavant, LT Aidan Van Cleef, and LT Maria Wiener, U.S.
Coast Guard Sector Hampton Roads, 200 Granby Street, Suite 700, Norfolk VA, 23518. | Appeal No. 2695 | Suspension and Revocation Appeals Authority | 6/14/2011 | 6/14/2011 | | 11/27/2017 |
| Suspension and Revocation Appeals Authority | 2694 - LANGLEY | By a Decision and Order (hereinafter "D&O") delivered from the bench on
February 26, 2010, and memorialized via written D&O dated March 2, 2010 (hereinafter
"D&O II"), Administrative Law Judge (hereinafter "ALJ") Michael J. Devine of the
United States Coast Guard at Norfolk, Virginia, revoked the Merchant Mariner
Document of Mr. Harold Langley (hereinafter "Respondent") upon finding proved one
charge of misconduct. The misconduct charge found proved alleged that, while serving
as a crew member aboard the USNS REGULUS, Respondent submitted a substituted
urine sample during a random drug test conducted on June 29, 2009.
FACTS & PROCEDURAL HISTORY
At all times relevant herein, Respondent was the holder of a Coast Guard-issued
Merchant Mariner Document. [D&O II at 3] On June 29, 2009, Respondent was
employed by Maersk Line as a crew member aboard the USNS REGULUS and was
working under the authority of his Coast Guard-issued Merchant Mariner Document. | Appeal No. 2694 | Suspension and Revocation Appeals Authority | 5/25/2011 | 5/25/2011 | | 11/27/2017 |
| Suspension and Revocation Appeals Authority | 2693 - CONTRERAS | By a Decision and Order (hereinafter "D&O") dated March 17,2009, Walter
Brudzinski, an Administrative Law Judge (hereinafter "ALJ") of the United States Coast
Guard, at San Diego, CA, revoked the Merchant Mariner Document of Mr. Rocky Mel
Contreras (hereinafter "Respondent") upon finding proved five counts of misconduct.
The misconduct charges were that: Respondent refused to stand his lookout watch in the
manner ordered by the Chief Mate on the MN LIBERTY EAGLE; that Respondent, on
three separate occasions, failed to obey the orders of the Master of the MN LIBERTY
EAGLE to report for master's logging and dismissal procedures; and, that Respondent
failed to reveal a 2003 conviction for vandalism on an April 2005 official Coast Guard
application (Form CG-7l9B). Through the same D&O, Judge Brudzinski found one
additional count of misconduct not proved and dismissed, without prejudice, two counts alleging violation a/law or regulation. At all times during the proceeding Respondent
appeared pro se and appeals pro se. | Appeal No. 2693 | Suspension and Revocation Appeals Authority | 4/4/2011 | 4/4/2011 | | 11/27/2017 |
| Suspension and Revocation Appeals Authority | 2692 - CHRISTIAN | By a Decision and Order (hereinafter "D&O") dated November 13, 2009, Bruce T.
Smith, an Administrative Law Judge (hereinafter "ALJ") of the United States Coast Guard at
New Orleans, Louisiana, granted a Motion to Dismiss filed by Mr. Aaron Christian (hereinafter
"Respondent") upon finding that the Coast Guard had failed to prove the misconduct charge
alleged in the Coast Guard's Amended Complaint.
FACTUAL AND PROCEDURAL HISTORY
Respondent was employed by Higman Marine Services and holds a merchant mariner's
license and a merchant mariner's document issued by the U.S. Coast Guard. [D&O at 2]
According to the Coast Guard's Complaint, on November 14, 2008, Respondent took and failed
an alcohol test, providing a breath sample that indicated a blood alcohol content in excess both of
federal limits and those permitted by his employer. [Id.l
The Coast Guard filed its original Complaint against Respondent's Coast Guard-issued
mariner credentials on May 6, 2009, alleging that Respondent committed misconduct and violation of law or regulation by manifesting a blood alcohol content level in excess of the
Department of Transportation's Breath Alcohol Test standards. [D&O at 2} On August 5, 2009,
the Coast Guard amended its Complaint to remove the "violation of law or regulation"
allegation. [Id.} The Coast Guard did not remove the allegation of misconduct1
, and it
remained a pending charge at all stages of the proceeding. [Id.} The misconduct allegation
alleged that Respondent violated a company policy which prohibits employees from reporting to
work under the influence of alcohol. | Appeal No. 2692 | Suspension and Revocation Appeals Authority | 2/28/2011 | 2/28/2011 | | 11/27/2017 |
| Suspension and Revocation Appeals Authority | 2691 - JORY | This appeal is taken in accordance with 46 U.S.C. § 7701 et seq., 46 C.F.R. Part 5
and the procedures set forth in 33 C.F.R. Part 20.
By a Decision and Order (hereinafter "D&O) dated December 5, 2008, Judge
Bruce T. Smith, an Administrative Law Judge (hereinafter "ALJ") of the United States
Coast Guard at Mobile, Alabama, revoked the Merchant Mariner Credentials of Mr. Jack
Anthony Jory (hereinafter "Respondent") upon finding that the Coast Guard proved, by
substantial evidence, that Respondent was a security risk that posed a threat to the safety
or security of a vessel. The factual allegations supporting the Coast Guard's charge
allege that "[o]n November 3, 2008, the Respondent did threaten the life of Jeff
Cunningham, Master of the MN SEA FOX .. .in violation of 46 USCA 7703(5)."
FACTS AND PROCEDURE
At all times relevant herein, Respondent was the holder of the Coast Guard issued
Merchant Mariner Credentials at issue here. [D&O at 3; Coast Guard Exhibit 1] | Appeal No. 2691 | Suspension and Revocation Appeals Authority | 12/22/2010 | 12/22/2010 | | 11/27/2017 |
| Suspension and Revocation Appeals Authority | 2690 - THOMAS | UNITED STATES OF AMERICA
DEPARTMENT OF HOMELAND SECURITY
UNITED STATES COAST GUARD
UNITED STATES OF AMERICA
UNITED STATES COAST GUARD
vs.
MERCHANT MARINER LICENSE
&
MERCHANT MARINER DOCUMENT
Issued to: MICHAEL J. THOMAS
DECISION OF THE
VICE COMMANDANT
ON APPEAL
NO·2690
This appeal is taken in accordance with 46 U.S.C. § 7701 et seq., 46 C.F.R.
Part 5, and the procedures set forth in 33 C.F.R. Part 20.
By a Decision and Order (hereinafter "0&0") dated October 2,2009, Coast
Guard Administrative Law Judge (hereinafter "AU") Bruce T. Smith revoked the
Merchant Mariner Credentials of Mr. Michael J. Thomas (hereinafter "Respondent")
upon finding the Coast Guard's Complaint alleging misconduct proved. The Complaint
alleged that Respondent committed an act of misconduct by refusing to submit to a post casualty
drug test ordered by Respondent's marine employer. | Appeal No. 2690 | Suspension and Revocation Appeals Authority | 12/13/2010 | 12/13/2010 | | 11/27/2017 |
| Suspension and Revocation Appeals Authority | 2689 - SHINE | UNITED STATES OF AMERICA
DEPARTME T OF HOMELAND SECURITY
UNITED STATES COAST GUARD
UNITED STATES OF AMERICA
UNITED STATES COAST GUARD
vs.
MERCHANT MARINER LICENSE
Issued to: ERIC NOR.\4A SHINE
DECISION OF THE
VICE COMMANDANT
ON APPEAL
NO. 2689
This appeal is taken in accordance with 46 U.S.C. § nOI el seq., 46 C.F.R. Part
5, and the procedures set forth in 33 C.F.R. Part 20.
Bya Decision and Order (hereinafter "D&O") dated November 13,2008, Coast
Guard Administrative Law Judge (hereinafter "AU") Walter J. Brudzinski revoked the
merchant mariner license afEric Norman Shine (hereinafter "Respondent) upon finding
proved the charge of incompetence. In finding the alleged violation proven, the AU
made 53 findings of fact, including several findings related to Respondent's actions
aboard two merchant vessels and others regarding Respondent's medical treatment
history. Respondent appeals.
APPEARANCE: Prior to filing his first appeal, Respondent was represented by
Forgie, Jacobs & Leonard (Peter S. Forgie, Esq.), 4165 E. Thousand Oaks Boulevard,
Suite 355, Westlake Village, CA 91362. From the time of his first appeal, Respondent
has appeared pro se. The Coast Guard was represented by LCDR Chris Tribolet of U.S.
Coast Guard Maintenance and Logistics Command Pacific, Alameda, California. | Appeal No. 2689 | Suspension and Revocation Appeals Authority | 10/30/2010 | 10/30/2010 | | 11/27/2017 |
| Suspension and Revocation Appeals Authority | 2688 - HENSLEY | UNITED STATES OF AMERICA
DEPARTMENT OF HOMELAND SECURITY
UNITED STATES COAST GUARD
UNITED STATES OF AMERICA
UNITED STATES COAST GUARD
vs.
MERCHANT MARINER LICENSE
Issued to: GARY L. HENSLEY
DECISION OF THE
VICE COMMANDANT
ON APPEAL
NO. 2688
This appeal is taken in accordance with 46 U.S.C. § 7701 ef seq., 46 C.F.R.
Part 5, and the procedures set forth in 33 C.F.R. Part 20.
By a Decision and Order (hereinafter "D&O") dated August 14, 2008, Coast
Guard Administrative Law Judge (hereinafter "AU") Bruce T. Smith dismissed the
Coast Guard's Complaint alleging use of or addiction to the use of dangerous drugs (for
failure of a pre-employment drug test) against Gary L. Hensley (hereinafter
"Respondent"). The AU dismissed the Coast Guard's Complaint upon finding that
"[t]he Coast Guard did not prove Respondent failed a pre-employment drug test
conducted in accordance with 46 C.F.R. Part 16 and 49 C.F.R. Part 40." [D&O at 17]
The Coast Guard appeals. | Appeal No. 2688 | Suspension and Revocation Appeals Authority | 6/14/2010 | 6/14/2010 | | 11/27/2017 |