| Suspension and Revocation Appeals Authority | 2009 - NORSWORTHY | This appeal has been taken in accordance with Title 46 United
States Code 239b and Title 46 Code of Federal Regulations 137.30-1.
By order dated 15 March 1974, an Administrative Law Judge of
the United States Coast Guard at Toledo, Ohio, revoked Appellant's
seaman's documents upon finding him guilty of the charge of
"conviction for a narcotic drug law violation." The specification
found proved alleges that while holding the document above
captioned, on or about 6 December 1973, Appellant was convicted by
the County Court, Door County Wisconsin, a court of record, for
violation of narcotic drug laws of the State of Wisconsin.
At the hearing Appellant elected to act as his own counsel and
entered a plea of guilty to the charge and specification.
In mitigation, Appellant stated that he had been in a bar and
had run out of cigarettes and that a woman gave him a pack of
cigarettes containing two marijuana cigarettes.
At the end of the hearing, the Judge rendered an oral decision
in which he concluded that the charge and specification had been
proved by plea. He then served a written order on Appellant
revoking all documents, issued to Appellant.
The entire decision and order was served on 6 April 1974.
Appeal was timely filed on 15 April 1974. | Appeal No. 2009 | Suspension and Revocation Appeals Authority | 9/20/1974 | 9/20/1974 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2011 - GIMBERT | This appeal has been taken in accordance with Title 46 United
States Code 239 (g) and Title 46 Code of Federal Regulations
137.30-1.
By order dated 25 September 1973, an Administrative Law Judge
of the United States Coast Guard at Norfolk, Virginia suspended
Appellant's seaman's documents for one month outright plus two
months on six months' probation upon finding him guilty of
negligence. The specification found proved alleges that while
serving as a tankerman on board the McAllister Barge 100 under
authority of the document above captioned, on or about 22 August
1973, Appellant negligently failed to supervise cargo discharge
operations while the barge was bunkering the M/V AEGEAN WAVE,
thereby contributing to a spillage of cargo from said barge's
discharge hose into the waters of Hampton Roads, Norfolk, Virginia.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced in evidence a report of
pollution violation and the testimony of a witness. | Appeal No. 2011 | Suspension and Revocation Appeals Authority | 9/30/1974 | 9/30/1974 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2012 - HERRINGTON | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations
137.30-1.
By order dated 23 January 1974, an Administrative Law Judge of
the United States Coast Guard at New Orleans, Louisiana, suspended
Appellant's license for three months on twelve months' probation
upon finding him guilty of negligence. The specification found
proved alleges that while serving as operator aboard the M/V
HARDHEAD under the authority of the license above captioned, on or
about 20 September 1973, Appellant wrongfully failed to come to a
timely passing agreement while said vessel was navigating the Gulf
Intracoastal Waterway at approximately Mile 14.5, west of Harvey
Locks.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced in evidence the testimony
of two witnesses, a deckhand on duty aboard the M/V HARDHEAD at the
time of the incident and the master of the M/V SEA ISLANDER. | Appeal No. 2012 | Suspension and Revocation Appeals Authority | 10/8/1974 | 10/8/1974 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2013 - BRITTON | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations
137.30-1, now 5.30-1.
By order dated 13 November 1973, an Administrative Law Judge
of the United States Coast Guard at Port Arthur, Texas suspended
Appellant's license for three months outright upon finding him
guilty of negligence. The specification found proved alleges that
while serving as Second Mate on board the United States SS GULFSEAL
under authority of the license above captioned, on or about 2 July
1973, Appellant did, not at approximately 1320, permit two barrels
of lube oil to overflow No. 5 port cargo tank and enter the
Taylor's Bayou Turning Basin.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced in evidence testimony of
two live witnesses.
In defense, Appellant offered in evidence his own testimony. | Appeal No. 2013 | Suspension and Revocation Appeals Authority | 12/13/1974 | 12/13/1974 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2014 - CANN | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations
137.30-1, now 5.30-1.
By order dated 4 October 1973, and Administrative Law Judge of
the United States Coast Guard at Houston, Texas, suspended
Appellant's seaman's documents for one month outright plus four
months on six months' probation upon finding him guilty of
inattention to duty. The specification found proved alleges that
while serving as chief Mate on board the SS VALLEY FORGE under
authority of the document and license above captioned, on or about
11 August 1973, Appellant did wrongfully cause a spill of
approximately one barrel of lube oil into the navigable waters of
the United States, Houston Ship Channel, at Shell Oil Terminal,
Deer Park, Texas.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced in evidence an affidavit
of service, certification of shipping articles, the loading orders
of the vessel and the testimony of five (5) witnesses.
In defense, Appellant offered in evidence his own testimony. | Appeal No. 2014 | Suspension and Revocation Appeals Authority | 12/30/1974 | 12/30/1974 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2015 - BARNES | This appeal has been taken in accordance with Title 46 United
States Code 239b and Title 46 Code of Federal Regulations 137.30-1,
now 5.30-1.
By order dated 14 August 1974, an Administrative Law Judge of
the United States Coast Guard at Memphis, Tennessee revoked
Appellant's seaman documents upon finding him guilty of the charge
of "conviction for a narcotic drug law violation." The
specification found proved alleges that while holding the above
captioned merchant mariner's document, on or about 28 September
1970, Appellant was convicted by the Court of Calcasieu Parish,
Lake Charles, Louisiana, for violation of the narcotic drug laws of
the state of Louisiana.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced in evidence a Certificate
of Service of the charge and specification, and a certified copy of
the conviction by Calcasieu Parish Court.
In defense, Appellant offered in evidence the testimony of
Paul N. Fanolis and his own testimony.
At the end of the hearing, the Judge rendered a written
decision in which he concluded that the charge and specification | Appeal No. 2015 | Suspension and Revocation Appeals Authority | 2/10/1975 | 2/10/1975 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2016 - AGOSTINI | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations
137.30-1, now 5.30-1.
By order dated 2 April 1974, an Administrative Law Judge of
the United States Coast Guard at New York, New York, suspended
Appellant's license for one month on six months' probation upon
finding him guilty of negligence. The specification found proved
alleges that while serving as Master on board the MV CAPTAIN SAM
under authority of the license above captioned, on 13 November
1972, Appellant wrongfully failed to keep his vessel on the right
side of the channel in the East River, New York, near Hell Gate,
thereby contributing to a collision between the MV CAPTAIN SAM and
a scow in tow of the tug BRONX 4.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced in evidence the testimony
of two witnesses and certain documents. | Appeal No. 2016 | Suspension and Revocation Appeals Authority | 3/3/1975 | 3/3/1975 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2018 - GOODWIN | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations
137.30-1, (now 5.30-1).
By order dated 17 July 1974, and Administrative Law Judge of
the United States Coast Guard at Long Beach, California, suspended
Appellant's seaman's license for 3 months outright plus 6 months on
12 months' probation upon finding him guilty of misconduct. The
specification found proved alleges that Appellant, while serving as
Operator on board the United States M/V PIONEER under authority of
the license above captioned, did from 28 April 1974 through 26 June
1974 wrongfully operate said vessel on forty-one occasions without
a valid Certificate of Inspection.
At the hearing, Appellant elected to act as his own counsel
and entered a plea of guilty to the charge and specification.
The Investigating Officer introduced in evidence a copy of the
vessel's Certificate of Inspection, an Amendment to the Certificate
of Inspection and a Temporary Certificate of Inspection. | Appeal No. 2018 | Suspension and Revocation Appeals Authority | 3/10/1975 | 3/10/1975 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2017 - TROCHE | This appeal has been taken in accordance with Title 46 States
Code 239(g) and Title 46 Code of Federal Regulations 137.30-1, now
5.30-1.
By order dated 4 October 1973, an Administrative Law Judge of
the United States Coast Guard at San Francisco, California, revoked
Appellant's seaman's documents upon finding him guilty of
misconduct. The specification found proved allege that while
serving as an oiler on board the United States SS ELIZABETHPORT
under authority of the document above captioned, on or about 18 May
1973, Appellant did wrongfully assault and batter with a dangerous
weapon, to wit, a knife, a member of the crew, Pedreu C. Lewis,
while said vessel was at sea.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and each
specification.
The Investigating Officer introduced in evidence shipping
articles, entries from the official logbook, and the testimony of
two witnesses. | Appeal No. 2017 | Suspension and Revocation Appeals Authority | 3/11/1975 | 3/11/1975 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2019 - JONES | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations
137.30-1, now 5.30-1.
By order dated 8 February 1974, an Administrative Law Judge of
the United States Coast Guard at Houston, Texas, suspended
Appellant's seaman's documents for four months outright plus three
months on nine months' probation upon finding him guilty of
misconduct. The specification found proved that while serving as
an Able Seaman on board the SS HURRICANE under authority of the
document above-captioned, on or about 24 January 1974, Appellant,
while the vessel was underway in the Houston Ship Channel, did
wrongfully assault and batter a member of the crew, Jimmy Garner.
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 the testimony
of two witnesses and certain documentary evidence.
In defense, Appellant offered in evidence his own testimony
and that of two witnesses. | Appeal No. 2019 | Suspension and Revocation Appeals Authority | 3/11/1975 | 3/11/1975 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2020 - JOYNER | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations
137.30-1, now 5.30-1.
By order dated 22 July 1974, an Administrative Law Judge of
the United States Coast Guard at New York, New York, suspended
Appellant's seaman's documents for three months on twelve months'
probation upon finding him guilty of negligence. The specification
found proved alleges that while serving as a Tankerman on board the
T/B OCEAN 80 under authority of the document above captioned, on or
about 25 October 1972, Appellant, while said vessel was moored in
Carteret, New Jersey, was negligent in his duties in that, during
cargo transfer operations, he left the said vessel unsupervised for
a period in excess of 30 minutes.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced in evidence two exhibits
and the sworn testimony of one witness. | Appeal No. 2020 | Suspension and Revocation Appeals Authority | 4/7/1975 | 4/7/1975 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2021 - BURKE | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 26 August 1974, an Administrative Law Judge of
the United States Coast Guard at Houston, Texas, revoked
Appellant's seaman's documents upon finding him incompetent. The
specification found proved alleges that while serving as a second
mate on board SS MISSOURI under authority of the documents above
captioned, on or about 3 November 1973, Appellant was, and at the
time of hearing was still, mentally incompetent to perform the
duties for which he held the license and documents issued by the
Coast Guard.
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 in evidence voyage
records, the testimony of witnesses, given both in person and by
deposition, and certain medical records. | Appeal No. 2021 | Suspension and Revocation Appeals Authority | 5/7/1975 | 5/7/1975 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2022 - PALMER | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations
137.30-1, now 5.30-1.
By order dated 6 May 1974, an Administrative Law Judge of the
United States Coast Guard at Houston, Texas, suspended Appellant's
seaman's documents for three months on twelve months' probation
upon finding him guilty of inattention to duty. The specification
found proved alleges that while serving as Third Mate on board the
T/B IOS 3301 under authority of the document and license above
captioned, on or about 19 February 1974, Appellant did wrongfully
cause an oil spill into the navigable waters of the United States,
the Houston Ship Channel, while said vessel was moored at Houston,
Texas.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced in evidence the testimony
of two witnesses.
In defense, Appellant offered in evidence a vessel inspection
report and his own testimony. | Appeal No. 2022 | Suspension and Revocation Appeals Authority | 5/16/1975 | 5/16/1975 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2023 - KOBERGER | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 code of Federal Regulations
137.30-1 (now 5.30-1).
By order dated 11 January 1974, and Administrative Law Judge
of the United States Coast Guard at San Francisco, California,
suspended Appellant's seaman document for four months on twelve
months' probation upon finding him guilty of misconduct. The
specification found proved alleges that while serving as Chief
Steward on board the United States SS AMERICAN CHIEFTAIN under
authority of the document above captioned, on or about 15 September
1973, Appellant did assault first Assistant Engineer Joseph Urei,
Z-518662-D1, in the Officer' Pantry.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced in evidence the vessel's
log entry concerning the incident and the testimony of four
witnesses. | Appeal No. 2023 | Suspension and Revocation Appeals Authority | 6/3/1975 | 6/3/1975 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2024 - KENNEY | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations
137.30-1, now 5.30-1.
By order dated 8 October 1974, an Administrative Law Judge of
the United States Coast Guard at Boston, Massachusetts, suspended
Appellant's seaman's documents for two months on 18 month's
probation upon finding him guilty of negligence. The specification
found proved alleges that while serving as Master on board the M/V
VINEYARD QUEEN under authority of the license above captioned, on
or about 20 August 1974, Appellant did fail to determine the
position of the vessel, thereby contributing to a grounding.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced in evidence a chart,
other documents, and the testimony of one witness.
In defense, Appellant offered in evidence his own testimony
and affidavits concerning the operation of a foghorn. | Appeal No. 2024 | Suspension and Revocation Appeals Authority | 6/4/1975 | 6/4/1975 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2025 - ARMSTRONG | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulation
137.30-1, now 5.30-1.
By order dated 12 September 1974, an Administrative Law Judge
of the United States Coast Guard at Norfolk, Virginia, suspended
Appellant's seaman documents for one month on three months'
probation and revoked his operator's license outright upon finding
him guilty of misconduct. The specifications found proved alleges
that, on or about 11 1973, Appellant wrongfully, knowingly, and
fraudulently submitted and signed a false application for an
original towboat operator's license at the USCG Marine Safety
Office, Norfolk, Virginia, to wit: Appellant indicated on said
application that he never had been convicted by any court including
a military court, for any offense other than a minor traffic
violation when in fact he had a past history of several major
criminal convictions before different state courts.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification. | Appeal No. 2025 | Suspension and Revocation Appeals Authority | 6/5/1975 | 6/5/1975 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2027 - WALKER | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations
137.30-1, now 5.30-1.
By order dated 13 November 1974, an Administrative Law Judge
of the United States Coast Guard at New Orleans, Louisiana,
suspended Appellant's seaman documents for three months outright
upon finding him guilty of negligence. The specification found
proved alleges that while serving as operator on board the M/V
GLENDA S under authority of the license above described, on or
about 13 August 1974, Appellant did wrongfully fail to navigate
with due caution thus contributing to the collision between said
vessel and tow and the Borden Chemical Docks at Geismar, Louisiana,
Mile 184.8, Lower Mississippi River.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced in evidence certain
documents and the testimony of one witness. | Appeal No. 2027 | Suspension and Revocation Appeals Authority | 6/26/1975 | 6/26/1975 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2028 - CARTER | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations
137.30-1, now 5.30-1.
By order dated 12 September 1974, an Administrative Law Judge
of the United States Coast Guard at San Francisco, California,
suspended Appellant's license and seaman documents for 9 months
outright upon finding him guilty of misconduct. The specifications
found proved allege that while serving as a THIRD MATE on board the
SS ST. LOUIS under authority of the document and license above
captioned, Appellant did, FIRST on or about 7 November 1973 while
said vessel was in the port of Singapore, wrongfully fail to
perform his duties due to intoxication; SECOND, on or about 18
November 1973, while said vessel was in the port of Hong Kong,
wrongfully fail to perform his duties due to intoxication. THIRD,
on or about 19 November 1973, while said vessel was in the port of
Hong Kong, wrongfully fail to obey an order of the Master by being
under the influence of alcohol while on watch. FOURTH, on or about
19 November 1973, while said vessel was in the port of Hong Kong,
wrongfully fail to perform his duties due to intoxication. | Appeal No. 2028 | Suspension and Revocation Appeals Authority | 6/27/1975 | 6/27/1975 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2029 - CHAPMAN | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations
137.30-1, now 5.30-1.
By order dated 13 August 1974, an Administrative Law Judge of
the United States Coast Guard at Norfolk, Virginia, suspended
Appellant's seaman's documents for three months on six months'
probation upon finding him guilty of negligence. The
specifications found proved allege that while serving as an
Operator on board the M/V ELLENA HICKS, under authority of the
license above captioned, Appellant did, on or about 30 December
1973,
FIRST, wrongfully fail to post a proper lookout during low
visibility, thereby contributing to a collision between his tow,
the barge THELMA COLLINS, and the M/V NISSAN MARU, and
SECOND, wrongfully fail to sound fog signals during low
visibility, thereby contributing to a collision between his tow,
the barge THELMA COLLINS, and the M/V NISSAN MARU. | Appeal No. 2029 | Suspension and Revocation Appeals Authority | 7/31/1975 | 7/31/1975 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2030 - RIVERA | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations
137.30-1.
By order dated 30 December 1974, an Administrative Law Judge
of the United States Coast Guard at Jacksonville, Florida,
suspended Appellant's seaman's documents for two months on twelve
months' probation upon finding him guilty of negligence. The
specifications found proved allege that while serving as a Pilot on
board the SS DELAWARE GETTY under authority of the license above
captioned, on or about 29 August 1973, Appellant
(1) Did imprudently navigate said vessel into Army Terminal
Channel, Bahia de San Juan, Puerto Rico, under adverse
conditions of trim and wind; and did fail to maintain
control of said vessel which resulted in grounding; and
(2) Did neglect and fail to navigate said vessel in a prudent
manner which resulted in the sinking of Army Terminal
Channel Light Buoy No. 6. | Appeal No. 2030 | Suspension and Revocation Appeals Authority | 8/21/1975 | 8/21/1975 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2031 - CANNON | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations
137.30-1, now 5.30-1.
By order 23 October 1974, an Administrative Law Judge of the
United States Coast Guard at New Orleans, Louisiana, suspended
Appellant's seaman documents for two months outright upon finding
him guilty of negligence. The specifications found proved allege
that while serving as Operator on board the M/V ATCHISON, under
authority of the document and license above captioned, on or about
20 August 1974, Appellant while said vessel was upbound on the
Mississippi River in the vicinity of the Luling to Destrehan ferry
crossing (1) did wrongfully fail to yield the right of way to the
M/V GEORGE PRINCE which was crossing from his starboard side,
thereby contributing to a collision with the M/V GEORGE PRINCE; and
(2) did wrongfully fail to screen the sidelights on the lead barge
of the tow as required by the applicable 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.
The Investigating Officer introduced in evidence two exhibits
and the sworn testimony of two witnesses. | Appeal No. 2031 | Suspension and Revocation Appeals Authority | 9/5/1975 | 9/5/1975 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2032 - KAY | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations
137.30-1, now 5.30-1.
By order dated 31 October 1974, an Administrative Law Judge of
the United States Coast Guard at San Francisco, California,
suspended Appellant's seaman documents for two months outright plus
four months on 12 months' probation upon finding him guilty of
misconduct. The specification found proved alleges that while
serving as a Chief Mate on board the United States SS TRANSHURON
under authority of the license and document above captioned, on or
about 3 February 1974, Appellant wrongfully deserted the said
vessel at the port of Honolulu, Hawaii.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced in evidence various
documents including the vessel's log entry concerning the incident,
and the testimony of one witness. | Appeal No. 2032 | Suspension and Revocation Appeals Authority | 9/15/1975 | 9/15/1975 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2033 - NEVES | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations
137.30-1, now 5.30-1.
By order dated 19 December 1974, an Administrative Law Judge
of the United States Coast Guard at San Francisco, California,
suspended Appellant's seaman's documents for two months outright
plus six months on 12 months' probation upon finding him guilty of
the charge of violation of a statute (46 U.S.C. 224a). The
specification found proved alleges that while serving as Master on
board the Fishing Vessel CONSTITUTION under authority of the
license above captioned, from on or about 29 October 1973, to on or
about 4 December 1973, Appellant did willfully employ of engage to
perform the duties of mate aboard CONSTITUTION, a fishing vessel of
465.92 gross tons, a person or persons not licensed to perform such
duties, in violation of 46 U.S.C. 224a, for a fishing voyage on the
high seas that began in Cabo San Lucas, Baja California, Mexico,
and terminated in San Diego, California. | Appeal No. 2033 | Suspension and Revocation Appeals Authority | 9/16/1975 | 9/16/1975 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2034 - BUFFINGTON | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations
137.30-1, now 5.30-1.
By order dated 21 November 1974, an Administrative Law Judge
of the United States Coast Guard at Jacksonville, Florida,
suspended Appellant's seaman documents for 3 months on 12 months'
probation upon finding him guilty of misconduct and negligence.
The specification found proved alleged that while serving as a
Master on board the United States S/S SABINE under authority of the
document and license above captioned, on or about 17 August 1973,
Appellant:
(i) departed Bridgeport, Connecticut, on a foreign voyage to
Punta Cardon, Venezuela, without signing Shipping Articles before
a U.S. Shipping Commissioner to ship in foreign trade.
(ii) while serving as Master on this voyage, from 20-26
August, failed to maintain an official logbook. | Appeal No. 2034 | Suspension and Revocation Appeals Authority | 9/16/1975 | 9/16/1975 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2035 - KROHN | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 9 April 1973, an Administrative Law Judge of
the United States Coast Guard at Houston, Texas, suspended
Appellant's seaman documents for two months outright plus three
months on six months' probation upon finding him guilty of
negligence. The specification found proved alleges that while
serving as Second Mate on board the SS MARINE FLORIDIAN under
authority of the document and license above captioned, on or about
20 January 1973, did wrongfully fail to navigate said vessel in
compliance with Rule 19 and Rule 22 of the International Rules of
the Road, while serving as the officer in charge of navigating said
vessel.
At the hearing, Appellant did not appear. A plea of not
guilty to the charge and specification was entered on Appellant's
behalf by the Administrative Law Judge.
The Investigating Officer introduced in evidence his own
testimony and documentary evidence consisting of sixteen exhibits. | Appeal No. 2035 | Suspension and Revocation Appeals Authority | 9/19/1975 | 9/19/1975 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2036 - SCHMIDT | This appeal has been taken in accordance with Title 46 United
States Code 239b and Title 46 Code of Federal Regulations 137.30-1,
now 5.30-1 and 3.
By order dated 28 January 1975, an Administrative Law Judge of
the United States Coast Guard at Portland, Maine, revoked
Appellant's seaman documents upon finding him guilty of the charge
of "conviction for a narcotic drug law violation." The
specification found proved alleges that being the holder of the
captioned document on or about 16 January 1969, Appellant was
convicted of a violation of Chapter 94 Section 205 of the General
Laws of the Commonwealth of Massachusetts in the Third District
Court of Eastern Middlesex, a Court of Record, for "violation of
narcotic drug law (illegal possession of marijuana)." | Appeal No. 2036 | Suspension and Revocation Appeals Authority | 9/22/1975 | 9/22/1975 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2037 - SABO | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations 137.30,
now 5.30.
By order dated 8 January 1975, an Administrative Law Judge of
the United States Coast Guard at New Orleans, Louisiana, revoked
Appellant's seaman documents upon finding him guilty of misconduct.
The specifications found proved allege that while serving as an
A.B. on board the United States SS FREDERICK LYKES under authority
of the document above captioned, Appellant;
(1) did on or about 24 September 1974, while said
vessel was in the port of Malili, Indonesia, wrongfully
have intoxicating liquor in his possession;
(2) did on or about 7 October 1974, while said
vessel was in the Port of Bangkok, Thailand, wrongfully
fail to perform his duties; | Appeal No. 2037 | Suspension and Revocation Appeals Authority | 9/23/1975 | 9/23/1975 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2038 - METCALFE | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations
137.30-1, now 5.30-1.
By order dated 25 April 1975, an Administrative Law Judge of
the United States Coast Guard at Port Arthur, Texas, revoked
Appellant's seaman documents upon finding him guilty of misconduct.
The specification found proved alleges that while serving as an
Able Seaman on board the SS SAN ANTONIO under authority of the
document above captioned, on or about 23 April 1975, Appellant did
wrongfully commit assault and battery on a member of the crew,
Joseph M. Kelly.
At the hearing, Appellant elected to act as his own counsel,
with some assistance from the Beaumont-Port Arthur National
Maritime Union Port Agent, Joseph Patton, and entered a plea of
guilty to the charge and specification.
The Investigating Officer introduced in evidence the testimony
of four witnesses.
In defense, Appellant offered in evidence the testimony of one
witness and his own testimony. | Appeal No. 2038 | Suspension and Revocation Appeals Authority | 9/30/1975 | 9/30/1975 | | 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 | 2040 - RAMIREZ | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 9 January 1975, an Administrative Law Judge of
the United States Coast Guard at San Francisco, California,
suspended Appellant's seaman documents for six months outright upon
finding him guilty of misconduct. The specifications found proved
allege that while serving as an oiler on board the SS HAWAIIAN
LEGISLATOR under authority of the document above captioned, on or
about 28 October 1974, Appellant did.
FIRST, wrongfully Assault and Batter by beating a member of
the crew, namely, 3rd Assistant Engineer Gilbert D. Quinn, and.
SECOND, wrongfully fail to perform his assigned duties by
reason of intoxication.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and both
specifications. | Appeal No. 2040 | Suspension and Revocation Appeals Authority | 10/17/1975 | 10/17/1975 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2041 - SISK | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 16 May 1975, an Administrative Law Judge of the
United States Coast Guard at St. Louis, Missouri, suspended
Appellant's license for the three months upon finding him guilty of
negligence. The specification as found proved alleges that while
serving as operator of the towboat M/V JOSEPH M. JONES, under
authority of the license above captioned, on or about 26 February
1975, Appellant negligently overtook the M/V T.M. NORSWORTHY and
tow and negligently attempted at Mile 636, Ohio River to pass it
under circumstances involving risk of collision and without the
assent or knowledge of the Pilot of the T.M. NORSWORTHY, which was
then engaged in a difficult and dangerous flanking maneuver to
round a bend under conditions of very high water and strong
currents.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification | Appeal No. 2041 | Suspension and Revocation Appeals Authority | 10/29/1975 | 10/29/1975 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2042 - KELLEY | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 30 October 1974, and Administrative Law Judge
of the United States Coast Guard at New Orleans, Louisiana,
admonished Appellant upon finding him guilty of misconduct. The
specifications found proved allege that while serving as a Chief
Engineer on board the SS JOHN B. WATERMAN, while the vessel was at
sea, under authority of the document and license above captioned,
Appellant did: (1) on 10 February 1974, at about 0800, wrongfully
disobey a lawful command of the Master in that he failed to report
to the Master's office to be logged, (2) on 10 February 1974, at
about 0735, use abusive language toward the Master, (3) on 10
February 1974, at about 1300, wrongfully disobey a lawful command
of the master in that he failed to report to the master's office to
be logged, (4) on 4 April 1974, wrongfully disobey a lawful
command of the master in that he failed to have the engine
watchstander's quarters soogeed, and (5) on 4 April 1974, use
abusive language toward the master. | Appeal No. 2042 | Suspension and Revocation Appeals Authority | 11/29/1975 | 11/29/1975 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2043 - FISH | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 23 October 1974, an Administrative Law Judge of
the United States Coast Guard at Boston, Massachusetts, suspended
Appellant's license for two months on twenty four months' probation
upon finding him guilty of negligence. The specification found
proved alleges that while serving as operator on board M/V GOODTIME
under authority of the license above captioned, on or about 4
August 1974, Appellant negligently operated the vessel so as to
endanger an eighteen foot glastron boat, owned and operated by Ray
E. PARKER, while in the vicinity of Swett Point on the Sasanoa
River, in that he passed in a meeting situation at such a speed as
to cause an excessive wake.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced in evidence the testimony
of three witnesses. | Appeal No. 2043 | Suspension and Revocation Appeals Authority | 12/10/1975 | 12/10/1975 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2044 - ZOLEZZI | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order and decision dated 27 June 1975, an Administrative
Law Judge of the United States Coast Guard at Long Beach,
California, suspended Appellant's license and all other merchant
mariner's documents for three months on 12 months' probation upon
finding him guilty of the charge of "violation of a statute." The
specification found proved alleges that while serving as Master on
board the F/V MARY ANTOINETTE, O/N 523763, a vessel of over 200
gross tons, under authority of the license above captioned, from 15
April 1975 to 16 May 1975, Appellant did willfully employ or engage
to perform the duties of mate aboard that vessel, a person or
persons not licensed to perform such duties in violation of 46
U.S.C. 224a, for a fishing voyage on the high seas which began in
Acajutla, El Salvador on 15 April 1975 and terminated on 16 May
1975 in San Diego, California. | Appeal No. 2044 | Suspension and Revocation Appeals Authority | 12/22/1975 | 12/22/1975 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2045 - ROWLAND | By order dated 5 September 1974, an Administrative Law Judge
of the United States Coast Guard at Houston, Texas suspended
Appellant's license for one (1) month outright upon finding him
guilty of negligence. The specifications found proved alleges that
while serving as pilot on board the SS JAMES LYKES, being the
holder of the license above captioned, on or about 23 December
1973, Appellant (1) negligently attempted to overtake and pass the
privileged M/V MARY FREDEMAN and tow, tank barges GDM 50 and GDM
60, without assent of M/V MARY FREDEMAN, thereby causing a
collision between SS JAMES LYKES and GDM 60 in the houston Ship
Channel near Shell Oil Terminal and (2) neglected to take the
necessary precaution required by the ordinary practice of seamen,
thereby contributing to the cause of a collision. A third
specification of negligence, alleging that Appellant contributed to
the cause of an oil spill into the navigable waters of the United
States, was found by the Administrative Law Judge to have merged
with the first two specifications since "there was no additional
act of negligence by Respondent." | Appeal No. 2045 | Suspension and Revocation Appeals Authority | 12/24/1975 | 12/24/1975 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2046 - HARDEN | This appeal has been taken in accordance with Title 46 United
State Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 6 February 1975, an Administrative Law Judge of
the United States Coast Guard at St. Louis, Missouri, suspended
Appellant's license for three months upon finding him guilty of
negligence. The specification found proved alleges that while
serving as operator of the towboat M/V POLLIWOG under authority of
the license above captioned, on or about 22 September 1974,
Appellant failed to take proper precautions to avoid a collision
while navigating at about mile 764.4, Upper Mississippi River.
At the hearing, Appellant was represented by counsel and
entered a plea of not guilty to the charge and specification.
The Investigating Officer introduced in evidence the testimony
of several witnesses and certain documents.
In defense, Appellant submitted the case on the record made by
the Investigating Officer and entered a pamphlet published by
Commander, Second Coast Guard District, giving advise to
recreational boat owners and operators. | Appeal No. 2046 | Suspension and Revocation Appeals Authority | 1/23/1976 | 1/23/1976 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2047 - VALLADARES | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 30 April 1974, an Administrative Law Judge of
the United States Coast Guard at New York, New York, suspended
Appellant's seaman's documents for nine months outright plus three
months on 15 months' probation upon finding him guilty of
misconduct. The specifications found proved allege that while
serving as a fireman on board the United States SS SAN JUAN under
authority of the document above captioned, on or about 13 September
1973, at Port Elizabeth, New Jersey, Appellant:
(1) assaulted and battered one Robert Hyer, a crewmember of
the vessel;
(2) assaulted and battered one James R. Wilson, a crewmember
of the vessel; and
(3) assaulted and battered one Stephen Bertrand, second
officer of the vessel.
At the hearing, Appellant was represented by professional
counsel. Since Appellant himself did not appear, the
Administrative Law Judge entered a plea of not guilty to the charge
and each specification.
The Investigating Officer introduced in evidence voyage
records and the testimony of two witnesses. | Appeal No. 2047 | Suspension and Revocation Appeals Authority | 2/3/1976 | 2/3/1976 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2048 - NORTON | This appeal has been taken in accordance with Title 46 United
States Code 239b and Title 46 Code of Federal Regulations 5.30-1
and 3.
By order dated 4 June 1975, an Administrative Law Judge of the
United States Coast Guard at Long Beach, California, revoked
Appellant's document and license upon finding him guilty of the
charge of "conviction for a narcotic drug law violation." The
specification found proved alleges that Appellant, being the holder
of the above captioned document and license, was, on or about 4
March 1975, convicted by the United States District Court for the
Western District of Washington, a court of record, for possession
of hashish in violation of narcotic drug laws of the United States,
to wit: the Revised Code of Washington section 69.50.401 (d) and
sections 7 and 13 of title 18 of the United States Code.
At the hearing, Appellant elected to act as his own counsel
and entered a plea of guilty to the charge and specification.
The Investigating Officer introduced in evidence a copy of the
record of Appellant's conviction.
In defense, Appellant offered in evidence a statement in
mitigation. | Appeal No. 2048 | Suspension and Revocation Appeals Authority | 3/1/1976 | 3/1/1976 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2049 - OWEN | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 21 April 1975, an Administrative Law Judge of
the United States Coast Guard at New Orleans, Louisiana, suspended
Appellant's seaman documents for 6 months outright upon finding him
guilty of negligence. The specifications found proved allege that
while serving as Operator on board the M/V MAMA LERE under
authority of the licenses above captioned, on or about 29 January
1975, Appellant:
(1) wrongfully failed to maintain a proper lookout while
navigating during a period of reduced visibility, thereby
contributing to a collision between the M/V MAMA LERE and the
SS AMERICAN WHEAT and
(2) wrongfully failed to sound proper fog signals during
a period of reduced visibility. | Appeal No. 2049 | Suspension and Revocation Appeals Authority | 3/8/1976 | 3/8/1976 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2050 - WIJNGAARDE | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 30 May 1975, an Administrative Law Judge of the
United States Coast Guard at New Orleans, Louisiana, suspended
Appellant's seaman documents for 12 months outright upon finding
him guilty of misconduct. The specifications found proved allege
that while serving as Electrician on board the SS SHIRLEY LYKES
under authority of the document above captioned, Appellant did
FIRST, on or about 15 August 1974, wrongfully fail to perform
his duties while in a foreign port;
SECOND, on or about 29 August 1974, while in a foreign port,
wrongfully assault with a dangerous weapon, to wit, a knife,
a member of the crew, Luis Cortes;
THIRD, on or about 29 August 1974, while in a foreign port,
wrongfully assault a member of the crew, Willie Lewis. | Appeal No. 2050 | Suspension and Revocation Appeals Authority | 3/18/1976 | 3/18/1976 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2051 - DESVAUX | This appeal has been taken in accordance with 46 U.S.C. 239(g)
and 46 CFR 5.30-1.
By order dated 13 February 1975, an Administrative Law Judge
of the United States Coast Guard at New York, New York, suspended
Appellant's seaman's documents for one month outright plus four
months on fifteen months' probation upon finding her guilty of
misconduct. The specifications found proved allege that while
serving as rooms messman and crew messman on board SS YOUNG AMERICA
under authority of the document above captioned, Appellant:
(1) and (2) on 27 July 1974 wrongfully showed disrespect to
the Master of the vessel by means of letters addressed to
him;
(3) on 31 July 1974 wrongfully addressed the Chief Officer
with profane and disrespectful language;
(4) on 28 July 1974, acted in a disrespectful manner to the
Radio Officer through words and gestures; and
(5) on 31 July 1974, assaulted and battered the radio officer by striking him with her hands. | Appeal No. 2051 | Suspension and Revocation Appeals Authority | 3/19/1976 | 3/19/1976 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2052 - NELSON | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 19 December 1974, an Administrative Law Judge
of the United States Coast Guard at New Orleans, Louisiana,
suspended Appellant's license for three (3) months outright upon
finding him guilty of negligence and misconduct. Under the charge
of negligence the specifications found proved allege that while
serving as pilot aboard the M/V GEORGE PRINCE under the authority
of the license above captioned, on 4 February 1974 Appellant
wrongfully failed to (1) keep out of the way of a privileged vessel
in a crossing situation, (2) timely slacken speed, stop, or reverse
to avoid collision with a privileged vessel in a crossing
situation, (3) keep a proper lookout, and (4) adequately utilize
electronic navigational equipment available to him for the purpose
of effecting a safe passage across the Mississippi River at about
mile 120.7 above Head of Passes, all of which contributed to a
collision between the M/V GEORGE PRINCE and the M/V F. R. BIGELOW
and tow. Under the charge of misconduct the specification found
proved alleges that while serving as pilot aboard the M/V GEORGE
PRINCE under the authority of the license above captioned, on 4 February 1974 Appellant wrongfully failed to sound a one whistle
signal as required by 33 U.S.C. 344, while in a condition covered
by that section. A second specification under the charge of
misconduct, alleging that Appellant failed to sound the danger
signal as required by 33 U.S.C. 344, was found not proved by the
Administrative Law Judge. | Appeal No. 2052 | Suspension and Revocation Appeals Authority | 3/22/1976 | 3/22/1976 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2056 - JOHNSON | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 7 August 1975, an Administrative Law Judge of
the United States Coast Guard at San Francisco suspended
Appellant's seaman documents for 3 months on 12 months' probation
upon finding him guilty of misconduct. The specification found
proved alleges that while serving as a Radio Officer on board the
United States SS PACIFIC BEAR under authority of the document and
license above captioned, on or about 22 November 1974, Appellant
disobeyed a lawful order of the Master to check for radio traffic
from Nagasaki, Japan.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced in evidence the testimony
of the ship's master and a consultant to the ship's owner, the
ship's log and other documents.
In defense, Appellant offered in evidence his own testimony
plus documentary and character evidence. | Appeal No. 2056 | Suspension and Revocation Appeals Authority | 4/1/1976 | 4/1/1976 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2053 - STEPHENS | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 10 October 1975, an Administrative Law Judge of
the United States Coast Guard at New Orleans, Louisiana, revoked
Appellant's seaman documents upon finding him guilty of misconduct.
The specifications found proved allege that while serving as able
bodied seaman on board the M/V PRESQUE ISLE under authority of the
document above captioned, on or about 26 June 1975, Appellant was
wrongfully absent from his vessel and duties, assaulted and
battered the master on two separate occasions, and disobeyed a
lawful order of the master on two separate occasions.
As the hearing was held in absentia, the
Administrative Law Judge entered a plea of not guilty to the charge
and each specification.
The Investigating Officer introduced in evidence the oral
testimony of two witnesses, and affidavit of service, and pertinent
extracts form the vessel's logbook and articles of agreement. | Appeal No. 2053 | Suspension and Revocation Appeals Authority | 4/21/1976 | 4/21/1976 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2054 - LEESE | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 9 July 1975, an Administrative Law Judge of the
United States Coast Guard at San Francisco, California, suspended
Appellant's seaman documents for three months on six months'
probation upon finding him guilty of negligence. The specification
found proved alleges that while serving as an Operator on board F/V
AMERICA, under authority of the license aboved captioned, on or
about 23 February 1975, Appellant, while the vessel was in Berkeley
Marina, Berkeley, California, failed to take adequate precautions
to prevent the spilling of a harmful quantity of oil into the
navigable waters of the United States. An additional charge of
misconduct, specifying that Appellant violated section 311(b) (3)
of the Federal Water Pollution Control Act Amendment of 1972 in
permitting a harmful quantity of oil to be discharged into the
navigable waters of the United States, was dismissed as
"duplicitous and unnecessary" by the Administrative Law Judge.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and each
specification. | Appeal No. 2054 | Suspension and Revocation Appeals Authority | 4/22/1976 | 4/22/1976 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2055 - MILLER | This appeal has been taken in accordance with Title 46 United
States Code 239b and Title 46 Code of Federal Regulations 5.30-1.
By order dated 14 October 1975, an Administrative Law Judge of
the United States Coast Guard at San Diego, California, revoked
Appellant's seaman documents upon finding him guilty of "conviction
for a narcotic drug law violation." The specifications found
proved alleges that on or about 21 July 1971, Appellant was
convicted in Superior Court in the County of San Diego for a
violation of California Health and Safety Code, section 11530.5
(possession of marijuana for sale).
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced in evidence the certified
duly attested abstract of the court record, criminal minutes of the
Superior Court of the State of California, probation order, and
order remanding Appellant to the custody of the sheriff. | Appeal No. 2055 | Suspension and Revocation Appeals Authority | 4/23/1976 | 4/23/1976 | | 12/21/2017 |
| 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 | 2058 - SEARS | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations 5.30-1
and 3
By order dated 21 October 1975, an Administrative Law Judge of
the United States Coast Guard at New York, New York suspended
Appellant's seaman documents for three months plus six months on
twelve months' probation upon finding him guilty of misconduct and
negligence. The specifications found proved allege that while
serving as an operator on board the uninspected towing vessel
MAUREEN MORAN under authority of the document and license above
captioned, on or about 20 September 1975, Appellant:
(1) wrongfully absented himself from the wheelhouse for a
period of approximately 15 minutes, leaving the
responsibilities of navigation of the vessel and its tow
to an unlicensed deckhand, thereby contributing to a
collision between the tow and a pier, and
(2) failed to post a proper lookout, notwithstanding the fact
that the vessel was being navigated from the lower wheelhouse and the light barge in tow alongside to port
partially obstructed vision from the wheelhouse on the
port side, thereby contributing to the collision.
At the hearing, Appellant elected to act as his own counsel
and entered a plea of guilty to the charge and specification of
misconduct and not guilty to the charge and specification of
negligence. | Appeal No. 2058 | Suspension and Revocation Appeals Authority | 5/10/1976 | 5/10/1976 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2059 - LESKINEN | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 5 November 1975, an Administrative Law Judge of
the United States Coast Guard at Boston, Massachusetts, after a
hearing at Detroit, Michigan, on 25 February 1975, admonished
Appellant upon finding him guilty of negligence. The single
specification found proved alleges that while serving as Master of
M/V H. LEE WHITE under authority of the license above captioned,
on or about 11 December 1974, Appellant, while directing the
navigation of that vessel upbound in restricted waters, wrongfully
failed to navigate the vessel with caution; notwithstanding the
fact that information of the proximity and approach of another
vessel was available to him (from radar observations) thereby
contributing to a collision between his vessel and M/V GEORGIOS A
while that vessel was downbound in the St. Clair River.
At the hearing, Appellant was represented by professional
counsel. Appellant entered a plea of not guilty to the charge and
specification. | Appeal No. 2059 | Suspension and Revocation Appeals Authority | 6/2/1976 | 6/2/1976 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2026 - CLARK | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 30 March 1973, an Administrative Law Judge of
the United States Coast Guard at Baltimore, Maryland, revoked
Appellant's seaman documents upon finding him guilty of misconduct.
The specification found proved alleges that while serving as a
bedroom utility (OBR) on board the United States SS PIONEER
CONTRACTOR under authority of the document above captioned, between
7 December 1972 and 28 February 1973, Appellant was wrongfully a
user of a narcotic drug.
Appellant failed to appear at the hearing and after the
Administrative Law Judge questioned the Investigating Officer
concerning the circumstances surrounding service of charges and
notice of the hearing a motion to proceed in absentia was granted.
The Administrative Law Judge entered a plea of not guilty to all
charges and specifications.
The Investigating Officer introduced in evidence the testimony
of two witnesses and a certification of the applicable shipping
articles. | Appeal No. 2026 | Suspension and Revocation Appeals Authority | 6/5/1975 | 6/5/1976 | | 12/21/2017 |