| 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 | 1569 - BUNN | Pursuant to the order of the court, U. S. District Court for
the Southern District of New York, 20 August 1968, the Order in the
captioned case is RESCINDED. The finding and order of the
Examiner, dated at New York, N. Y., on 9 December 1965, are
VACATED, and the charges are DISMISSED. | Appeal No. 1569 | Suspension and Revocation Appeals Authority | 7/12/1966 | 7/12/1966 | | 3/1/2018 |
| Suspension and Revocation Appeals Authority | 2651 - RESERVED FOR CONTINUITY | Reserved for Continuity
No decision for this number | Appeal No. 2651 | Suspension and Revocation Appeals Authority | | | | 11/28/2017 |
| Suspension and Revocation Appeals Authority | 2648 - RESERVED FOR CONTINUITY | Reserved for Continuity
No decision for this number | Appeal No. 2648 | Suspension and Revocation Appeals Authority | | | | 11/28/2017 |
| Suspension and Revocation Appeals Authority | 2649 - RESERVED FOR CONTINUITY | Reserved for Continuity
No decision for this number | Appeal No. 2649 | Suspension and Revocation Appeals Authority | | | | 11/28/2017 |
| Suspension and Revocation Appeals Authority | 2650 - RESERVED FOR CONTINUITY | Reserved for Continuity
No decision for this number | Appeal No. 2650 | Suspension and Revocation Appeals Authority | | | | 11/28/2017 |
| Suspension and Revocation Appeals Authority | 2065 - TORRES | States Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 11 November 1975, an Administrative Law Judge
of the United States Coast Guard at New York, New York, revoked
Appellant's seaman documents, upon finding him guilty of
misconduct. The first specification found proved alleges that while
serving as an oiler on board the United States SS BUCKEYE STATE
under authority of the document above captioned, on or about 22
June 1973, Appellant, while in port at Kandla, India, had in his
possession marijuana and hashish. The second specification found
proved alleges that while serving as an oiler on board the United
States SS EXPORT AGENT under authority of the document above
captioned, on or about 11 April 1974, Appellant did assault and
batter the Third Assistant Engineer.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and each
specification.
The Investigating Officer introduced in evidence the testimony
of one witness and nine exhibits. | Appeal No. 2065 | Suspension and Revocation Appeals Authority | 7/14/1976 | | | 12/21/2017 |
| 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 | 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 | 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 | 2653 - ZERINGUE | The complaint below alleges that a post-casualty urine sample collected from Mr.
Fabian Zeringue, Sr., (Respondent) tested positive for cocaine. The complaint seeks
revocation of Respondent's Coast Guard license, alleging that Respondent performed a
safety sensitive function in violation of federal regulations governing the use of alcohol
and dangerous drugs. The Honorable Archie Boggs, a United States Coast Guard
Administrative Law Judge (ALJ), dismissed the complaint for failure of proof by a
Decision and Order (D&O) issued on March 27, 2003. The Coast Guard appeals, seeking
Commandant review pursuant to 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. | Appeal No. 2653 | Suspension and Revocation Appeals Authority | 5/18/2005 | 5/18/2005 | | 11/28/2017 |
| Suspension and Revocation Appeals Authority | 2172 - CHAPMAN | The Decision on Appeal, No. 2127, in this case has been
reconsidered on my own motion. It was held in the principal
decision that because the expression "complement of officers and
crew" appeared in the first paragraph of R.S. 4463 (46 U.S.C. 222)
and the language in the second paragraph, allowing discretion to
the master of a vessel to sail with a deficiency, spoke only of a
deficiency in the "crew," there could be no allowable sailing of a
vessel with a deficiency of a licensed officer. It was said, "A
vessel may not, under this statute, be navigated at all with a
deficiency of a required licensed officer."
From the enactment of section 14, of Act, Feb. 28, 18718 ch.
100, 16 Stat. 446 the statute from which R.S. 4463 was derived,
until 1908, the law was concerned only with the problem of
deficiency of licensed officers. Such a deficiency was tolerated
under carefully prescribed circumstances. There was no reference
to deficiency of other than licensed officers, presumably because
such deficiencies were not considered significant at the time. In
1908 the statute was expanded to vest in the inspectors the
authority to prescribe the requirements not only of licensed
officers but also of the other seamen who might be found, in the
judgement of the inspectors, necessary for the safe navigation of
the vessel. The view expressed in the principal decision in this case necessitates a belief that the amendment of 1908 was intended
to allow a deficiency in the unlicensed members of the crew (who
had never before been "required") but to cut off completely the
possibility of the one form of deficiency with which the statute
had been concerned for over thirty years. | Appeal No. 2172 | Suspension and Revocation Appeals Authority | 11/21/1979 | 11/21/1979 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2176 - REED | These appeals have been taken in accordance with 46 U.S.C.
239(g) and 46 CFR 5.30-1.
By orders dated 22 September 1977, an Administrative Law Judge
of the United States Coast Guard at New Orleans, Louisiana,
suspended Appellants' seaman's documents each for six months on
twelve months' probation, upon finding each guilty of misconduct.
The specifications found proved allege that while serving on board
SS JEFF DAVIS under authority of the documents above captioned, on
or about 9 December 1976, each Appellant wrongfully created a
disturbance by engaging in a fight with the other.
The hearings were held in joinder at New Orleans, Louisiana,
on several occasions, from 15 February 1977 to 7 September 1977.
At the proceedings each Appellant was represented by
professional counsel and entered a plea of not guilty to the
charges and specifications.
The Investigating Officer introduced in evidence the testimony
of one witness, obtained by deposition on written interrogatories,
and voyage records of JEFF DAVIS. | Appeal No. 2176 | Suspension and Revocation Appeals Authority | 1/3/1980 | 1/3/1980 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2143 - FOSTER | These appeals have been taken in accordance with Title 46
United States code 239(g) and Title 46 Code of Federal Regulations
5.30-1.
By orders dated 3 January 1978 (CAMERON) and 6 January 1978
(FOSTER), an Administrative Law Judge of the United States Coast
Guard at Savannah, Georgia, suspended Appellant CAMERON's and
Appellant FOSTER's seaman's documents, respectively, for three
months outright plus six months on twelve months' probation upon
finding each guilty of misconduct. The four specifications found
proved allege that CAMERON, while serving as radio Officer, and
FOSTER, while serving as Chief Steward, onboard SS EXPORT CHAMPION under the authority of the respective documents above-captioned,
did:
(First) "on or about 1000, 15 October 1977, while said vessel
was anchored at Balboa, Panama Canal Zone, awaiting canal
transit, absent himself from said vessel proper
authorization;"
(Second) "on or about 1454, 15 October 1977, when said vessel
departed anchorage area to transit the canal, failed to join
said vessel upon its departure;"
(Third) "on or about 0900, 20 October 1977, while said vessel
was moored at Garden city, Georgia, did use abusive language
towards and Investigating Officer, a United States Coast Guard
Officer, CWO-4 William C HENDRY and did wrongfully impede him
in the performance of his official duties;" and
(Fourth) "on or about 1100, 21 October 1977, did use abusive
language towards a United States Shipping commissioner and
wrongfully impeded a United States coast Guard Officer, Ensign
Bruce P. MORELLI in the performance of his official duties." | Appeal No. 2143 | Suspension and Revocation Appeals Authority | 11/24/1978 | 11/24/1978 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2096 - TAYLOR | These appeals have been taken in accordance with Title 46
United States Code 239(g) and Title 46 Code of Federal Regulations
5.30-1.
By orders dated 8 May 1975, an Administrative Law Judge of the
United States Coast Guard at New Orleans, Louisiana, suspended
Appellant Taylor's license for three months and Appellant Wood's
license for nine months upon findings each guilty of negligence.
The specifications found proved allege that while serving as master
and pilot, respectively, on board SS KEYTRADER under authority of
the respective license above captioned, on or about 18 January
1974, Appellants' wrongfully initiated a starboard to starboard
passing with SS BAUNE, contributing to a collision with that
vessel, and failed to navigate KEYTRADER with caution, after
proposing a starboard to starboard passing by whistle and radio,
receiving no agreement, and failing to slow down. | Appeal No. 2096 | Suspension and Revocation Appeals Authority | 2/28/1977 | 2/28/1977 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2165 - BOLDS | These appeals have been taken in accordance with Title 46
United states Code 239(g) and Title 48 Code of Federal Regulations
5.30-1.
By orders dated 26 October 1977 (BOLDS) and 27 October 1977
(BROOKS), an Administrative Law Judge of the United States Coast
Guard at Jacksonville, Florida, revoked the seamen's documents of
both Appellants upon finding each guilty of misconduct. The
specifications found proved allege that BOLDS, while serving as
crew messman, and BROOKS, while serving as bedroom utility, on
board SS HESS VOYAGER under the authority of the respective
document above captioned, did:
"on or about 29 July 1977 wrongfully have in your possession
certain narcotics to wit; marijuana."
The cases of the Appellants were joined for a single hearing upon motion of the Investigating Officer. The hearing was held at
San Juan, Puerto Rico, on 12 and 13 October 1977. The hearings
were held in absentia, upon the failure of the Appellants
to appear at the time and place specified, after their requests to
the Administrative Law Judge for a change of venue were denied on
the grounds of insufficient reasons stated in the requests. The
Administrative Law Judge entered a plea of not guilty for each
Appellant as to the charge and specification against each.
Appellants were not represented by counsel in the course of the
proceedings leading to the initial decisions in these cases. | Appeal No. 2165 | Suspension and Revocation Appeals Authority | 9/11/1979 | 9/11/1979 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2533 - ORTIZ | This appeal from the denial of the Administrative Law Judge
to reopen the hearing has been taken in accordance with 46 U.S.C.
7702 and 46 C.F.R. 5.601.
By a decision dated 12 February 1991, an Administrative Law
Judge of the United States Coast Guard at New York, New York,
revoked Appellant's Merchant Mariner's Document, having found
proved the charge of cocaine use.
The single specification supporting the finding of proved to
the charge of drug use alleged that, on or about 6 July 1990,
Appellant, while the holder of the above-captioned document, was
tested by urinalysis and found to be a user of the drug cocaine.
The hearing was held at New York, New York on 25 January
1991. The Administrative Law Judge received into evidence from
the Investigating Officer three exhibits and heard the sworn se and was advised of his rights, including the right
to counsel or other representation and of the procedures to be
followed at the hearing. Appellant entered a response of "deny"
to the charge and specification as provided in 46 C.F.R. 5.527. | Appeal No. 2533 | Suspension and Revocation Appeals Authority | 12/3/1991 | 12/3/1991 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2151 - GREEN | This appeal had been taken in accordance with 46 U.S.C. 239(g)
and 46 CFR 5.30-1.
By order dated 14 April 1978, an Administrative Law Judge of
the United States Coast Guard at Boston, Massachusetts, suspended
Appellant's seaman's documents for a period of four months upon
finding him guilty of misconduct. The specifications found proved
allege that while serving as able bodied seaman on board the United
States SS THOMAS JEFFERSON under authority of the document above
captioned, Appellant failed to perform his duties on the 0000-0400
seawatch on 1 March 1978, and again on 16 March 1978, while the
vessel was at sea.
The hearing was held at Boston, Massachusetts, on 14 April
1978. Appellant was present at the hearing, but was not
represented by counsel. The Administrative Law Judge advised him
of his right to be so represented, but Appellant elected to proceed
without counsel. Upon arraignment, Appellant pleaded guilty to the
charge and specifications. Warned by the Administrative Law Judge
of the possible consequences of his action, Appellant nevertheless
persisted in his plea of guilty.
Despite the plea, the Investigating Officer introduced in
evidence voyage records of THOMAS JEFFERSON, as well as the
testimony of Captain Orie F. Graves, Master of the vessel.
After being reminded of his right to remain silent, Appellant chose to make a sworn statement in explanation of his guilty plea.
At the end of the hearing, the Administrative Law Judge
rendered an oral decision in which he concluded that the charge and
two specifications had been proved by plea. He then served a
written order on Appellant suspending all documents issued to him
for a period of four months.
The entire written decision was served on 8 May 1978. Appeal
was timely filed on 8 May 1978 and perfected on 12 May 1978. | Appeal No. 2151 | Suspension and Revocation Appeals Authority | 4/3/1979 | 4/3/1979 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2275 - ALOUISE | This appeal had been taken in accordance with 46 U.S.C. 239(g)
and 46 CFR 5.30-1.
By order dated 18 May 1981, an Administrative Law Judge of the
United States Coast Guard at St. Louis, Mo. suspended Appellant's
license for 2 months on 12 months' probation upon finding him
guilty of negligence. The specification found proved alleges that
while serving as operator on board the M/V R. E. DOYLE under
authority of the license above captioned, on or about 9 May 1980,
Appellant operated his vessel in a negligent manner creating an
excessive wake which caused 15 barges to break loose from their
moorings at Cleancoal Terminal Facility, Mile 535.2 L/B Ohio River.
A hearing was held at Cincinnati, Ohio on 1 April and
rehearing was held on 7 May 1981 to hear the testimony of a defense
witness.
At the hearings, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification. | Appeal No. 2275 | Suspension and Revocation Appeals Authority | 6/4/1982 | 6/4/1982 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2039 - DIETZE | This appeal had been taken in accordance with Title 46 Code of
Federal Regulations 5.30-1.
By order dated 15 January 1975, an Administrative Law Judge of
the United States Coast Guard at New Orleans, Louisiana, suspended
Appellant's license for three months outright upon finding him
guilty of negligence. The specifications found proved allege that
while serving as pilot on board M/V ANCO PRINCESS being the holder
of the license above captioned, on or about 24 September 1974,
Appellant, while navigating said vessel upbound on the Misissippi
River and meeting a downbound vessel and tow at approximately mile
4 AHP, (1) wrongfully failed to execute a port-to-port passing in
accordance with Article 18, Inland Rules of the Road, thereby
contributing to the collision between said vessel and the tow of
the M/V LIBBY BLACK, and (2) wrongfully failed to sound whistle
signals in accordance with Article 18, Inland Rules of the Road.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and each
specification. | Appeal No. 2039 | Suspension and Revocation Appeals Authority | 10/8/1975 | 10/8/1975 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2382 - NILSEN | This appeal had been taken in accordance with Title 46 U.S.C.
239(g) and 46 CFR 5.30-1.
By order dated 1 July 1982, an Administrative Law Judge of the
United States Coast Guard at New York, New York, suspended
Appellant's license for one month upon finding him guilty of
negligence. The specification found proved alleged that while
serving as Master of the S/S SAN JUAN, under the authority of the
license above captioned, Appellant did on 11 February 1980, while
said vessel was departing San Juan, Puerto Rico, fail to navigate
the vessel within the confines of the Bar Channel causing said
vessel to ground. Two other specifications were dismissed, one on
motion of the Investigating Officer, the other on motion of
Appellant.
The hearing was held at San Juan, Puerto Rico, on 3 February,
4 February, and 31 March 1982.
At the hearing, Appellant was represented by professional
counsel, and entered a plea of not guilty to the charge and the
specification. | Appeal No. 2382 | Suspension and Revocation Appeals Authority | 2/22/1985 | 2/22/1985 | | 12/7/2017 |
| 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 |
| Suspension and Revocation Appeals Authority | 2267 - ERVAST | This appeal had been taken in accordance with Title 46 U.S.C.
239(g) and 46 CFR 5.30-1.
By order dated 2 June 1980, an Administrative Law Judge of the
United States Coast Guard at Seattle, Washington, revoked
Appellant's captioned license upon finding him guilty of negligence
and incompetence. The specifications found proved allege that
while serving as Third Mate on board SS PIONEER COMMANDER under
authority of the license above captioned Appellant was negligent:
(1) on 11 January 1980, during his 0800 1200 watch, by failure to
fix the vessel's position, while transiting the San Bernadina
Straits, R.P.; (2) on 11 January 1980, during his 2000 to 2400
watch, by failure to fix the vessel's position while transiting the
Sibuyan Sea, R.P.; (3) on 24 January 1980, during his 2000 to 2400
watch, by failure to locate the navigation light control panel in
order to secure the anchor lights and energize the navigation
lights; (4) on 31 January 1980, during his 0800 to 1200 watch, by
failure to fix the vessel's position while navigating from Pusan to
Chin Hae, Korea; (5) on 31 January 1980, during his 0800 tp 1200
watch, by failure to take anchor bearings to fix the vessel's
position after anchoring at Chin Hae, Korea; (6) on 3 February
1980, during his 2000 to 2400 watch, by failure to accurately fix
said vessel's position while transiting Osumi Kaykyo (Van Dieman Strait, Japan); (7) on 15 February 1980, by plotting said vessel's
position at 1912 about 15 miles from its true position, while said
vessel was in Pearl Harbor Channel, and (8) on 15 February 1980 by
plotting an incorrect 2400 dead reckoning position for the vessel;
and was incompetent by his acts and omissions, while standing deck
watches on a foreign voyage, which demonstrated that he did not
possess and exercise the professional skills of an ordinary,
prudent, licensed third mate from 11 January to 15 February 1980. | Appeal No. 2267 | Suspension and Revocation Appeals Authority | 11/12/1981 | 11/12/1981 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2192 - HEUER | This appeal had been taken in accordance with Title 46 U.S.C.
239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 7 March 1978, an Administrative Law Judge of
the United States Coast Guard at New Orleans, Louisiana, after a
hearing on various dates between 22 July 1977 and 9 March 1978,
suspended Appellant's license for a period of three months on
probation for twelve months upon finding him guilty of negligence.
The single specification of the charge of negligence found proved
alleges that Appellant, while serving as pilot aboard SS SABINE,
under authority of the captioned document, did, on or about 3 June
1977, at or near Chalmette Algiers Ferry Crossing, lower
Mississippi River, negligently operate said vessel by overtaking SS
SITALA without having received an assenting whistle signal as is
required by the ordinary practice of seamen.
At the hearing Appellant was represented by professional
counsel. Appellant entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced into evidence the
testimony of four witnesses and eight documents. | Appeal No. 2192 | Suspension and Revocation Appeals Authority | 3/24/1980 | 3/24/1980 | | 12/21/2017 |
| 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 | 2057 - SHIPP | This appeal had been taken is accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 10 October 1974, as amended by the supplemental
order of 2 December 1974, an Administrative Law Judge of the United
States Coast Guard at Houston, Texas, suspended Appellant's license
for two months outright plus three months on 12 months' probation
upon finding him guilty of negligence. The specification found
proved alleges that while serving as an operator on board the
United States M/V J.F. LAMB under authority of the license above
captioned, on or about 8 July 1974, Appellant neglected to take the
necessary precautions required by the practice of seamen (Article
29, Inland Rules of the Road), to wit: navigating the tug and its
laden tow outside the navigable waters of the Bayport Channel,
Galveston Bay, Texas, resulting in a collision with a submerged
object and subsequent sinking of the tank barge TM-10, and that
Appellant negligently caused a spill of No. 6 fuel oil into the
navigable waters of the United States, Bayport Channel, Galveston
Bay, Texas. | Appeal No. 2057 | Suspension and Revocation Appeals Authority | 5/3/1976 | 5/3/1976 | | 12/21/2017 |
| 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 | 1994 - TOMPKINS | This appeal has been taken in accordance wit Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations
137.30-1.
By order dated 23 December 1972, an Administrative Law Judge
of the United States Coast Guard at Houston, Texas suspended
Appellant's seaman's documents for 4 months outright plus 2 months
on 6 months' probation upon finding him guilty of misconduct. The
specification found proved alleges that while serving as an oiler
on board the United States SS IBERVILLE under authority of the
document above captioned, on or about 8,9,10, and 11 November,
1972, Appellant did wrongfully absent himself from the vessel
without permission and did wrongfully fail to perform his assigned
duties.
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 certified copies
of the Official Logbook entries and an extract of the Shipping
Articles of the SS IBERVILLE. | Appeal No. 1994 | Suspension and Revocation Appeals Authority | 2/4/1974 | 2/4/1974 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2339 - HOOTON | This appeal has been taken in accordance with 46 CFR 5.25-15.
By order dated 11 December 1981, an Administrative Law Judge
of the United States Coast Guard at Seattle, Washington, suspended
Appellant's license for six months, on twelve months probation upon
finding him guilty of misconduct. The specification found proved
alleged that while serving as a Licensed Operator aboard the P/C
SEA HOOK, under the authority of the license above captioned on or
about 19 July 1980, and 8, 19, 21, 23, 27 and 28 September 1981,
Appellant transported passengers for hire onboard a foreign-built
vessel, between Auke Bay, Alaska, and the vicinity of Point
Retreat, Alaska.
The hearing was held at Juneau, Alaska, on 17 November 1981.
Appellant appeared at the hearing without counsel and presented his
evidence which consisted of his oral testimony. He offered neither
documentary evidence, not evidence by deposition. He called no
witnesses.
The Investigating Officer presented the testimony of two
witnesses as well as six documents. | Appeal No. 2339 | Suspension and Revocation Appeals Authority | 1/18/1984 | 1/18/1984 | | 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 | 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 | 2405 - LEON | This appeal has been taken in accordance with 46 CFR 5.30-15.
By order dated 21 May 1985, and Administrative Law Judge of
the United States Coast Guard at Norfolk, Virginia, revoked
Appellant's merchant mariner's document upon finding proved a
charge of misconduct. The charge was supported by three
specifications which alleged that Appellant, while serving as A.B.
on board the S.S. STONEWALL JACKSON, on or about 1 February 1985
wrongfully failed to perform his duty as lookout by being asleep on
watch; on or about 3 February 1985 wrongfully failed to perform his
duty as lookout by not relieving the watch; and on or about 19
February 1985 had in his possession marijuana.
On 18 June 1985, Appellant filed a notice of appeal and
requested a temporary document pending appeal. The Administrative
Law Judge denied the request by order dated 21 June 1985. | Appeal No. 2405 | Suspension and Revocation Appeals Authority | 9/6/1985 | 9/6/1985 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2397 - GEWANT | This appeal has been taken in accordance with 46 CFR 5.30-15.
By order dated 27 March 1985, an Administrative Law Judge of
the United States Coast Guard at New Orleans, Louisiana, revoked
Appellant's seaman's license and document upon finding proved a
charge of misconduct. The charge was supported by two
specifications which alleged that Appellant, on or about 15 January
1984, on board the M/V GOLDEN MOON wrongfully had in his possession
marijuana and, at the same time and place, wrongfully had in his
possession a pistol.
On 10 April 1985, Appellant filed a notice of appeal and
requested a temporary license and document pending appeal. The
Administrative Law Judge denied the request by order dated 12 April
1985. | Appeal No. 2397 | Suspension and Revocation Appeals Authority | 7/15/1985 | 7/15/1985 | | 12/7/2017 |
| Suspension and Revocation Appeals Authority | 2401- CAVANAUGH | This appeal has been taken in accordance with 46 CFR 5.30-15.
By order dated 31 January 1985, an Administrative Law Judge of
the United States Coast Guard at Alameda, California, revoked
Appellant's seaman's document upon finding proved a charge of
misconduct and a charge of being a user of a dangerous drug. The
specifications supporting these two charges allege that Appellant,
while serving under authority of the captioned document on board the
SS CONSTITUTION did, on or about 1900 24 February 1984 while said
vessel was at sea, wrongfully use cocaine and at the same time and
place, being holder of the captioned document, was a user of cocaine.
On 16 April 1985, Appellant filed a notice of appeal and
requested a temporary document. The Administrative Law Judge denied
the request by order dated 19 April 1985. | Appeal No. 2401 | Suspension and Revocation Appeals Authority | | | | 12/7/2017 |
| Suspension and Revocation Appeals Authority | 2329 - FIFER II | This appeal has been taken in accordance with 46 CFR 5.30-15.
By order dated 8 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 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 24 March 1983. Decision on Appeal 2315 (FIFER) of 6
June 1983 VACATED the Administrative Law Judge's order of 24 March
1983 and REMANDED the request for a temporary license for a new
decision. By his order of 20 June 1983 the Administrative Law
Judge again denied Appellant's request for a temporary license. | Appeal No. 2329 | Suspension and Revocation Appeals Authority | 10/7/1983 | 10/7/1983 | | 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 | 2439 - FREDERICKS | This appeal has been taken in accordance with 46 CFR 5.707.
By order dated 22 September 1986, an Administrative Law Judge
of the United States Coast Guard at Norfolk, Virginia, revoked
Appellant's license upon finding proved charges of negligence and
misconduct. The negligence charge was supported by two
specifications which alleged that Appellant, while serving as
operator on board the M/V NATIVE SON, on or about 26 April 1986
negligently failed to keep clear while overtaking another vessel,
and negligently crossed the bow of another vessel, thus endangering
the life, limb and property of the passengers and crew aboard the
two vessels. The misconduct charge was supported by two
specifications which alleged that Appellant, while in preparation
for a trip from St. Thomas, U. S. Virgin Islands to Tortola,
British Virgin Islands, on or about 10 May 1986, failed to give a
safety orientation prior to getting underway or to have placards
posted as required by 46 CFR 185.25-1(d), and while acting in the
same capacity on the same date failed to have on board and
available for inspection his license as required by 46 CFR
185.10-1. | Appeal No. 2439 | Suspension and Revocation Appeals Authority | 12/5/1986 | 12/5/1986 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2426 - FUTCHER | This appeal has been taken in accordance with 46 CFR 5.707.
By order dated 24 March 1986, an Administrative Law Judge of
the United States Coast Guard at New York, New York, revoked
Appellant's license and merchant mariner's document upon finding
proved a charge of misconduct. The charge was supported by four
specifications which alleged that Appellant, while serving as
Pilot/Mate on board the M/V CAPE MAY, on or about 31 July 1985
wrongfully fraternized with a 14-year-old female passenger,
wrongfully engaged in undue familiarity with a 14-year-old female
passenger, wrongfully engaged in sexual intercourse with a
14-year-old female passenger, and wrongfully failed to exclude a
14-year-old female passenger from the pilot hose and bridge of the
vessel, as prohibited by 46 CFR 78.10-1.
On 3 April 1986, Appellant filed a notice of appeal and
requested a temporary document pending appeal. The Administrative
Law Judge denied the request by order dated 7 April 1986.
BASES OF APPEAL
This appeal has been taken from the denial of a temporary
document.Appellant urges that the administrative Law Judge erred in
finding the specifications proved and in revoking Appellant's
license and document. Appellant contends further that he should be
issued a temporary license because he cannot be presumed to be a
hazard to the navigation of any vessel. | Appeal No. 2426 | Suspension and Revocation Appeals Authority | 7/21/1986 | 7/21/1986 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2440 - LYONS | This appeal has been taken in accordance with 46 CFR 5.707.
By order dated 3 October 1986, an Administrative Law Judge of
the United States Coast Guard at St. Louis, Missouri, suspended
Appellant's license and merchant mariner's document for one year
outright, plus an additional three months on eighteen months'
probation upon finding proved the charge of misconduct. The
specification found proved alleged that Appellant, while serving as
Pilot on board the M/V FEDERAL CALUMET, on or about 25 November
1985, wrongfully directed the movement of the vessel while under
the influence of an intoxicant.
On 13 October 1986, Appellant filed a notice of appeal and
requested a temporary license pending approval. The Administrative
Law Judge denied the request by order dated 22 October 1986. | Appeal No. 2440 | Suspension and Revocation Appeals Authority | 12/10/1986 | 12/10/1986 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2464 - FUTCHER | This appeal has been taken in accordance with 46 CFR Part 5,
Subpart J. 46 CFR SS5.701.
By order dated 24 March 1986, an Administrative Law Judge of the
United States Coast Guard at New York, New York, revoked Appellant's
license and merchant mariner's document upon finding proved a charge
of misconduct. The charge was supported by four specifications which
alleged that Appellant, while serving as Pilot/Mate on board the M/V
CAPE MAY, on or about 31 July 1985 wrongfully fraternized with a 14-
year-old female passenger, wrongfully engaged in undue familiarity
with a 14-year-old female passenger, wrongfully engaged in sexual
intercourse with a 14-year-old female passenger, and wrongfully failed
to exclude a 14-year-old female passenger from the pilot house and
bridge of the vessel, as prohibited by 46 CFR 78.10-1.
The hearing was held at Philadelphia, Pennsylvania, on 11
December 1985, 5 February 1986 and 18 February 1986. | Appeal No. 2464 | Suspension and Revocation Appeals Authority | | | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2424 - CAVANAUGH | This appeal has been taken in accordance with 46 U. S. C. 7702
and 46 CFR 5.30-1.
By order dated 31 January 1985, an Administrative Law Judge of
the United States Coast Guard at Alameda, California, revoked
Appellant's seaman's document upon finding proved a charge of
misconduct and a charge of being a user of a dangerous drug. The
specifications supporting these two charges allege that Appellant,
while serving under authority of the captioned document on board
the SS CONSTITUTION did, on or about 1900 24 February 1984 while
said vessel was at sea, wrongfully use cocaine and at the same time
and place, being holder of the captioned document, was a user of
and did use cocaine.
The hearing was held at Honolulu, Hawaii, on 10, 23 and 24
March 1984.
At the hearing Appellant was represented by professional
counsel and entered a plea of not guilty to the charges and
specifications.
The Investigating Officer introduced in evidence four exhibits
and the testimony of five witnesses.
In defense, Appellant introduced in evidence two exhibits, his
own testimony, and the testimony of four additional witnesses. | Appeal No. 2424 | Suspension and Revocation Appeals Authority | 6/6/1986 | 6/6/1986 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2396 - MCDOWELL | This appeal has been taken in accordance with 46 U. S. C. 7702
and 46 CFR 5.30-1.
By order dated 5 October 1984, an Administrative Law Judge of
the United States Coast Guard at St. Louis, Missouri, suspended
Appellant's merchant mariner's license for three months on twelve
months' probation upon finding him guilty of negligence. The
specification found proved alleges that Appellant, while navigating
the M/V ANANGEL SPIRIT under the authority of the license above
captioned, on or about 27 November 1983 while approaching the
MacArthur Lock, in the St. Marys River failed to maintain control
of the M/V ANANGEL SPIRIT by allowing it to sheer into the path of
the M/V INDIANA HARBOR resulting in the M/V ANANGEL SPIRIT
colliding with the M/V INDIANA HARBOR.
The hearing was held at St. Ignace, Michigan, on 15 December
1983.
At the hearing Appellant was represented by professional
counsel, and entered a plea of not guilty to the charge and
specification. | Appeal No. 2396 | Suspension and Revocation Appeals Authority | 7/11/1985 | 7/11/1985 | | 12/7/2017 |
| Suspension and Revocation Appeals Authority | 2370 - LEWIS | This appeal has been taken in accordance with 46 U. S. C.
239(g) and 46 CFR 5.30-1.
By order dated 17 March 1983, an Administrative Law Judge of
the United States Coast Guard at Norfolk, Virginia, suspended
Appellant's license for six months on twelve months' probation,
upon finding him guilty of negligence. The specification found
proved alleges that while serving as Operator on board the M/V
EXXON CRYSTAL RIVER under authority of the license above captioned,
on or about 10 February 1983, Appellant negligently failed to
safely navigate a flotilla consisting of the M/V EXXON CRYSTAL
RIVER and EXXON BARGE NUMBER 32, resulting in an allision between
the flotilla and the Koch Oil Terminal Pier in Newport News,
Virginia.
The hearing was held at Norfolk, Virginia on 17 March 1983.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification. | Appeal No. 2370 | Suspension and Revocation Appeals Authority | 9/5/1984 | 9/5/1984 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2369 - ASHLEY | This appeal has been taken in accordance with 46 U. S. C.
239(g) and CFR 5.30-1.
By order dated 23 February 1983, an Administrative Law Judge
of the United States Coast Guard at Long Beach, California,
suspended Appellant's license for two months on twelve months'
probation, upon finding him guilty of negligence. The
specification found proved alleges that while serving as Operator
on board the United States M/V ELDORADO under authority of the
license above captioned, on or about 1400, 22 January 1983,
Appellant failed "to maneuver his vessel with caution, placing it
in risk of a collision with the SS EXXON GALVESTON, and making it
necessary for the SS EXXON GALVESTON, which was to the right in a
crossing situation, to make an emergency maneuver."
The hearing was held at Long Beach, California on 10 February
1983.
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. 2369 | Suspension and Revocation Appeals Authority | 8/22/1984 | 8/22/1984 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2530 - GULLEY | This appeal has been taken in accordance with 46 U. S. C.
7702 and 46 C. F. R. 5.701.
By an order dated 8 January 1990, an Administrative Law Judge
of the United States Coast Guard at New York, New York revoked
Appellant's Merchant Mariner's Document upon finding proved the
charge of use of dangerous drugs. The single specification
supporting the charge alleged that, on or about 9 February 1990,
Appellant was tested and found to be a user of a dangerous drug, to
wit: cocaine.
The hearing was held at New York, New York on 30 October 1990.
The Investigating Officer introduced one exhibit into evidence and
introduced the testimony of one witness. Appellant appeared
prose and testified in his own behalf. Appellant entered
a response of "deny" to the charge and specification as provided in
46 C. F. R. 5.527.
The Administrative Law Judge's written order revoking
Appellant's Merchant Mariner's Document was entered on 8 January
1990 (It is noted that this is an administrative error. The date
should read "1991"). The decision and order was served on
Appellant on 17 January 1991. Appellant filed a notice of appeal
on 11 February 1991. Upon request, a transcript of the proceedings
was served on Appellant on 8 April 1991. Appellant submitted a
brief on 17 June 1991, having received an extension of the filing
deadline. Accordingly, this matter is properly before the Commandant for review. | Appeal No. 2530 | Suspension and Revocation Appeals Authority | 11/8/1991 | 11/8/1991 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2567 - PEREIRA | This appeal has been taken in accordance with 46 U.S. C. 7702 and 46 C.F.R. 5.701.
By order dated August 12, 1993, an Administrative Law Judge
(ALJ) of the United States Coast Guard at Norfolk, Virginia
suspended Appellant's document outright for six months, with a further six months' suspension on twelve months probation, upon
finding proved a charge of misconduct. The sole
specification supporting the charge alleged that Appellant, while serving as QMED-Electrician aboard M/V PFC WILLIAM B. BAUGH, O.N. 674269, under authority of his document, on September 2, 1992, while said vessel was at Diego Garcia, British Indian Ocean Territory (B.I.O.T.), wrongfully submitted falsified work reports for fan tests. A hearing was held at Norfolk, Virginia on July 28, 1993.
Appellant did not appear at the hearing, nor was he otherwise
represented during the proceedings. After inquiry on the record
as to the facts of service of the charge and notice of the hearing,
the ALJ permitted the hearing to proceed in absentia, as
provided in 46 C.F.R. 5.515.The ALJ denied the charge and
specification on behalf of the Appellant as provided in 46 C.F.R.
5.527. The Investigating Officer (IO) introduced into evidence ten
exhibits and the testimony of three witnesses. A letter from Appellant seeking to change the date and location of the hearing
was introduced as an exhibit for Appellant. The ALJ
had previously denied Appellant's request by letter. TR at 20,
ALJ Ex. I. At the end of the hearing, the ALJ rendered an oral
decision in which he found that the charge and specification were
proved. Appellant filed notice of appeal on August 27, 1993,
apparently based on a telephone call through which he learned of the ALJ's oral decision. The ALJ's written decision and order were
entered on September 15, 1993, and were served on Appellant some time prior to September 24, 1993. | Appeal No. 2567 | Suspension and Revocation Appeals Authority | 6/20/1995 | 6/20/1995 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2363 - MANN | This appeal has been taken in accordance with 46 U.S. Code
239(g) and 46 CFR 5.30-1.
By order dated 8 July 1982, an Administrative Law Judge of the
United States Coast Guard at San Francisco, California suspended
Appellant's Seaman's License for three months upon finding him
guilty of misconduct. The specifications found proved allege that
while serving as Operator on board the M/V CAPTAIN HORNBLOWER,
under authority of the license above captioned, Appellant did on 16
and 17 February 1981, while carrying 66 and 48 passengers
respectively between the hours of 1900 and 2300 each day,
wrongfully operate said vessel, a non-Coast Guard certificated
vessel, in violation of the provisions of 46 U.S.C. 390c(a). The
hearing was held at san Francisco, California, on 2 March, 2 April,
7 April, 1 May, 7 May, 24 June, and 7 July 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 eight
exhibits and the testimony of two witnesses. | Appeal No. 2363 | Suspension and Revocation Appeals Authority | 6/12/1984 | 6/12/1984 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2562 - BEAR | This appeal has been taken in accordance with 46 U.S.C. #
7702 and 46 C.F.R. # 5.701.
By an order dated December 5, 1992, an Administrative Law
Judge of the United States Coast Guard at Honolulu, Hawaii,
revoked Appellant's Merchant Mariner's Document and License
upon finding proved a charge of use of dangerous drugs. The
single specification supporting the charge alleged that, on or
about November 18, 1991, Appellant wrongfully used cocaine as
evidenced by a urine specimen collected on that date pursuant
to a pre-employment drug test program by his prospective
employer, Hawaiian Tug and Barge Corporation. .
The hearing was convened in Honolulu, Hawaii, on June 3,
1992, and then reconvened on December 5, 1992, after a
continuance requested by Appellant. Appellant was represented
by professional counsel. Appellant entered a response denying
the charge and specification. The Investigating Officer offered 13 exhibits into evidence, nine of which were admitted.
One of these exhibits [I.O. Ex. 13] was a "Litigation Package"
from Nichols Institute that contained 11 documents concerning
the testing and re-testing of Appellant's urine sample.
The Investigating Officer also introduced the testimony of
one witness. Appellant introduced 5 exhibits into evidence
and introduced the testimony of two witnesses, one of whom
testified by a written stipulation entered into between the
Investigating Officer and Appellant. In addition, Appellant
testified under oath in his own behalf. | Appeal No. 2562 | Suspension and Revocation Appeals Authority | 3/1/1995 | 3/1/1995 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2472 - GARDNER | This appeal has been taken in accordance with 46 U.S.C. #7702 and
46 CFR #5.701.
By order dated on 28 September 1987, an Administrarive Law Judge
of the United States Coast Guard at Houston, Texas, suspended,
on six months probation, Appellant's Merchant Mariner's License and
Document for a period of one month upon finding proved a Charge
of Misconduct, supported by one specification.
The specification found proved under the Charge of Misconduct
alleged that Appellant, while serving as Master aboard the ferry
CONE JOHNSON, under the authority of the captioned license and
document, did, at or about 2:49 PM local time on 21 June 1987.
while overtaking a sailing vessel on Galveston Bay, a navigable
waterway of the United States, fail to keep out of the way of
the overtaken vessel as required by Rule 13 of the Inland Navigation
Rules, to wit: the ferry CONE JOHNSON's passage did cause the
operator of the sailing vessel to lose control of his vessel. | Appeal No. 2472 | Suspension and Revocation Appeals Authority | 8/6/1987 | 8/6/1987 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2603 - HACKSTAFF | This appeal has been taken in accordance with 46 U.S.C. § 7702 and 46 C.F.R. § 5.701.
By order dated 8 June 1993, an Administrative Law Judge (ALJ) of the United States Coast Guard at San Diego,
California revoked Appellant's License and Merchant Mariner's Document upon finding proved the charge of
use of dangerous drugs. The single specification supporting the charge alleged that, on or before 16 March
1993, Appellant used marijuana, based upon a urine specimen collected on that date which subsequently tested
positive for the presence of marijuana metabolites.
A hearing was held at San Diego, California on 27 May 1993. Appellant appeared with professional counsel by
whom he was represented throughout the hearing and this appeal. Appellant denied the charge and specification
per 46 C.F.R. § 5.527. The Investigating Officer (IO) introduced into evidence five exhibits and the testimony of
two witnesses. After the government rested, and after the ALJ denied Appellant's motion to dismiss, Appellant
testified in his own behalf and introduced three exhibits. At the end of the hearing, the ALJ rendered an oral
decision in which he found that the charge and specification were proved. The ALJ's written decision and order
were entered on 8 June 1993 and were served on Appellant on 25 June 1993. Appellant filed notice of appeal on
14 June 1993. Appellant perfected his appeal by filing a brief on 16 November 1993, within the filing
requirements of 46 C.F.R. § 5.703. Thus this appeal is properly before me.
Appearance: David W. Tiffany, attorney for Appellant, Centerside Tower I, 3111 Camino Del Rio North, Suite
1108, San Diego, CA 92108, (619) 528-2335. | Appeal No. 2603 | Suspension and Revocation Appeals Authority | 8/10/1998 | 8/10/1998 | | 11/28/2017 |