| Suspension and Revocation Appeals Authority | 2322 - SHAW | This appeal has been taken in accordance with Title 46 U.S.C.
239(g) and 46 CFR 5.30-1.
By order rendered 16 February 1982, an Administrative Law
Judge of the United States Coast Guard at New York, New York,
revoked Appellant's merchant mariner's document upon finding him
guilty of the charge of "conviction for a narcotic drug law
violation." The specification found proved alleged that, while
holder of the document above captioned, on or about 17 August 1981,
Appellant was convicted by the Twenty-Third Judicial District Court
of St. James Parish, Louisiana, a court of record, for violation of
Sections 967(A) and (C) of 40 Louisiana Revised Statutes, a
narcotic drug law violation.
The hearing was held at New York, New York, on 8 December
1981, 12 January 1982 and 27 January 1982,
At the hearing, Appellant elected to act as his own counsel
and entered a plea of guilty to the charge and specification.
The Investigating Officer introduced in evidence two exhibits. | Appeal No. 2322 | Suspension and Revocation Appeals Authority | 9/7/1983 | 9/7/1983 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2323 - PHILPOTT | This appeal had been taken in accordance with Title 46 U.S.C.
239(g) and 46 CFR 5.30-1.
By order dated 13 January 1983, an Administrative Law Judge of
the United States Coast Guard at Long Beach, California suspended
Appellant's seaman's document for six months, plus six months on
twelve months probation, upon finding him guilty of misconduct.
The specification found proved alleges that while serving as Wiper
on board the SS KEYSTONER under authority of the captioned
document, on or about 8 December 1982, Appellant, at the Port of
Houston, Texas had approximately ten grams of marijuana in his
possession.
The hearing was held at Houston, Texas and Long Beach,
California on 17 December 1982 and 13 January 1983.
At the hearing in Houston, Appellant was not present, but a
motion for change of venue to Long Beach, California was made on
his behalf and granted. At the hearing in Long Beach, Appellant
elected to act as his own counsel and entered a plea of guilty to
the charge and specification. | Appeal No. 2323 | Suspension and Revocation Appeals Authority | 9/13/1983 | 9/13/1983 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2324 - AMATAGA | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and 46 CFR 5.30-1.
By order dated 30 June 1982, an Administrative Law Judge of
the United States Coast Guard at Alameda, California revoked
Appellant's seaman's document upon finding him guilty of
misconduct. The specification found proved alleges that while
serving as utilityman on board the SS SANTA MARIA under the
authority of the captioned document, on 20 October 1981, Appellant
wrongfully possessed marijuana.
The hearing was held at San Francisco, California on 6
January, 29 January, 4 February, 24 March and 5 April 1982.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced in evidence four
documents and the testimony of two witnesses.
In defense, Appellant offered in evidence the testimony of one
witness.
After the hearing, the Administrative Law Judge rendered a
written decision in which he concluded that the charge and
specification had been proved and entered an order revoking all documents issued to Appellant.
The Decision and Order was served on 12 July 1982. Appeal was
timely filed on 28 July 1982 and perfected on 7 April 1983. | Appeal No. 2324 | Suspension and Revocation Appeals Authority | 9/16/1983 | 9/16/1983 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2325 - PAYNE | This appeal has been taken in accordance with Title 46 U.S.C.
239(g) and 46 CFR 5.30-1.
By order dated 14 July 1982, an Administrative Law Judge of
the United States Coast Guard at Norfolk, Virginia, admonished
Appellant upon finding him guilty of negligence. The specification
found proved alleges that, while serving as Operator on board the
M/V ISABEL A. McCALLISTER, under authority of the captioned license
on 1 February 1982, Appellant did, at or near the City of
Portsmouth in the Commonwealth of Virginia on the Elizabeth River,
negligently fail to safely navigate said vessel in such a manner as
to preclude it from alliding with the Elizabeth River Portsmouth
Marine Terminal Bouy NR4 (LLP 332).
The hearing was held at Norfolk, Virginia on 22 April and 14
July 1982.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification. | Appeal No. 2325 | Suspension and Revocation Appeals Authority | 9/29/1983 | 9/29/1983 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2326 - MCDERMOTT | This appeal has been taken in accordance with Title 46 U.S.C.
239(g) and 46 CFR 5.30-1.
By order dated 14 May 1982, an Administrative Law Judge of the
United States Coast Guard at Long Beach, California suspended
Appellant's license for two months on six months' probation, upon
finding him guilty of negligence. The specification found proved
alleges that while serving as person in charge of oil transfer
operations on board the United States SS SANTA MAGDALENA under
authority of the license above captioned, on or about 6 May 1981,
Appellant negligently allowed oil to be transferred to number 4
deep tank, thereby allowing a discharge of approximately one gallon
of oil into the navigable waters of the United States.
At the hearing on 22 July 1981, Appellant was represented by
professional counsel and entered a plea of not guilty to the charge
and specification.
The Investigating Officer introduced in evidence the testimony
of one witness and three exhibits. | Appeal No. 2326 | Suspension and Revocation Appeals Authority | 9/28/1983 | 9/28/1983 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2328 - MINTZ | This appeal has been taken in accordance with Title 46 U.S.C.
239(g) and 46 CFR 5.30-1.
By order dated 21 July 1981, an administrative Law Judge of
the United States Coast Guard at Long Beach, California suspended
Appellant's seaman's documents for two months, plus three months on
nine months' probation, upon finding him guilty of misconduct. The
specification found proved alleges that, while serving as Officer's
Bedroom Steward on board the SS PRESIDENT McKINLEY under authority
of the above captioned document, on or about 4 May 1981, Appellant
wrongfully failed to perform his assigned duties by absenting
himself from his duty station without permission at 1300 hours.
The hearing was held at Long Beach, California on 2 and 30
June 1981.
At the hearing, Appellant elected to act as his own counsel
and entered a plea of not guilty to the charge and specifications.
The Investigating Officer introduced four documents into
evidence. | Appeal No. 2328 | Suspension and Revocation Appeals Authority | 10/4/1983 | 10/4/1983 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 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 | 2330 - STRUDWICK | This appeal has been taken in accordance with 46 U.S.C. 239(g)
and 46 CFR 5.30-1.
By order dated 11 March 1983, an Administrative Law Judge of
the United States Coast Guard at Jacksonville, Florida revoked
Appellant's license upon finding him guilty of the charge of
"conviction for a narcotic drug law violation." The specification
found proved alleges that on or about 28 January 1980, Appellant
was convicted of conspiracy to traffic in cannabis by the Circuit
Court of the Seventeenth Judicial Circuit, in and for Broward
County Florida.
The hearing was held at Miami, Florida on 9 February 1983.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced in evidence four
exhibits. | Appeal No. 2330 | Suspension and Revocation Appeals Authority | 10/7/1983 | 10/7/1983 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2331 - ELLIOTT | This appeal has been taken in accordance with Title 46 U.S.C.
239(g) and 46 CFR 5.30-1.
By order dated 1 June 1982, an Administrative Law Judge of the
United States Coast Guard at Norfolk, Virginia revoked Appellant's
seaman's document upon finding him guilty of misconduct. The
specification found proved alleges that while serving as Able
Bodied Seaman on board the SS BUTTON GWINNETT under authority of
the captioned document on or about 5 March 1982, Appellant did,
aboard said vessel while at sea in the vicinity of Jeddah, Saudi
Arabia, wrongfully assault and batter a fellow member of the crew,
Dennis P. Carter, with a knife.
The hearing was held at Norfolk, Virginia on 12 May 1982.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced three documents, a chair,
a drawing and the testimony of two witnesses into evidence. | Appeal No. 2331 | Suspension and Revocation Appeals Authority | 11/25/1983 | 11/25/1983 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2332 - LORENZ | This appeal has been taken in accordance with Title 46 U.S.C.
239(g) and 46 CFR 5.30-1.
By order dated 26 April 1982, an Administrative Law Judge of
the United States Coast Guard at Houston, Texas suspended
Appellant's license for one month, on six months' probation, upon
finding him guilty of negligence. The specification found proved
alleges that while serving as Chief Engineer on board the United
States vessel SS AMERICAN HAWK under authority of the above
captioned license, on or about 23 January 1982, Appellant did fail
to maintain a proper quantity of fuel on board the vessel to
complete the voyage which commenced on 12 January 1982 from
Jacksonville, Florida. As a result the vessel lost all power
adjacent to the Galveston Bay Entrance Channel Lighted Buoy 7A,
hazarding navigation and the vessel.
The hearing was held at Galveston, Texas on 23 March 1982.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification. | Appeal No. 2332 | Suspension and Revocation Appeals Authority | 12/5/1983 | 12/5/1983 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2333 - AYALA | This appeal has been taken in accordance with 46 U.S.C. 239(g)
and 46 CFR 5.30-1
By order dated 21 May 1980, an Administrative Law Judge of the
United States Coast Guard at New York, New York suspended
Appellant's seaman's document for four months, plus two months on
nine months' probation, upon finding him guilty of misconduct. The
specification found proved alleges that while serving as able
seaman on board the United States SS MORMACSAGA under authority of
the document above captioned, on 11 October 1979, Appellant
assaulted and battered Simon Flax, the Boatswain, by striking him
with a "4x4" wooden board.
The hearing was held at New York, New York on 27 November, 3
and 14 December 1979, 17 and 20 January and 13 February 1980.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification. The Investigating Officer introduced in evidence six
exhibits and the testimony of three witnesses. In defense,
Appellant offered in evidence his own testimony.
After the end of the hearing, the Administrative Law Judge
rendered a written decision in which he concluded that the charge
and specification had been proved. The entire decision was served
on 31 May 1980. Appeal was timely filed on 13 June 1980 and
perfected on 8 October 1980. | Appeal No. 2333 | Suspension and Revocation Appeals Authority | 12/5/1983 | 12/5/1983 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2334 - HARTLAGE.PDF | This appeal has been taken in accordance with Title 46 U.S.C.
239(g) and 46 CFR 5.30-1.
By order dated 3 December 1982, an Administrative Law Judge of
the United States Coast Guard at Wilmington, North Carolina
suspended Appellant's license for one month upon finding him guilty
of misconduct. The specification found proved alleges that while
serving as Master on board the United States SS JACKSONVILLE under
authority of the license above captioned, on or about 13 October
1982, Appellant wrongfully allowed the vessel to enter the port of
Wilmington, North Carolina without propulsion power, which was a
hazardous condition, without first notifying the Captain of the
Port, Wilmington, North Carolina as is required by 33 CFR 161.15
The hearing was held at Wilmington, North Carolina on 3 and 4
November 1982.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and each
specification. | Appeal No. 2334 | Suspension and Revocation Appeals Authority | 12/6/1983 | 12/6/1983 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2335 - PRIDGEN | This appeal has been taken in accordance with Title 46 U.S.C.
239(g) and 46 CFR 5.30-1.
By order dated 13 May 1980, an Administrative Law Judge of the
United States Coast Guard at Boston, Massachusetts suspended
Appellant's license and document for four months, upon finding him
guilty of negligence and misconduct. The specification of the
negligence charge alleges that while serving as pilot of the M/V
GREAT LAKES, under authority of the license and document above
captioned, on or about 9 October 1979, Appellant navigated that
vessel in a negligent manner by allowing it to allide with moored
construction barges at the Brightman Street Bridge, Fall River,
Massachusetts. The specification of the misconduct charge alleges
that while Appellant was serving as pilot he did so without a
proper endorsement on his license.
The Master of the vessel, Egil K. Pedersen, was also charged
with negligence and misconduct.
The hearing was held in joinder with that of the Master at
Providence, Rhode Island on 12 October 1979, 8 November 1979, 11
December 1979 and 4 January 1980. | Appeal No. 2335 | Suspension and Revocation Appeals Authority | 12/9/1983 | 12/9/1983 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2336 - SAMPSON | This appeal has been taken in accordance with 46 U.S.C.239(g)
and 46 CFR 5.30-1.
By order dated 13 April 1982, an Administrative Law Judge of
the United States Coast Guard at Tampa, Florida revoked Appellant's
seaman's license upon finding him guilty of incompetence. The
specification found proved alleges that Appellant while serving as
Operator on board the United States S/V LA GRINGA, O.N. 530918,
under authority of the license above captioned, did during the year
1981, operate said vessel from St. Petersburg Municipal Marina
Tampa Bay, Florida, while physically incompetent because of
inadequate vision.
The hearing was held at Tampa, Florida, on 12 February 1982
and on 13 April 1982. At the hearing, Appellant elected to act as
his own counsel and entered a plea of not guilty to the charge and
single specification thereunder
The Investigating Officer introduced in evidence seven
exhibits, one of which, Exhibit 1, was a stipulation of fact signed
by both the Investigating Officer and the Appellant. | Appeal No. 2336 | Suspension and Revocation Appeals Authority | 12/9/1983 | 12/9/1983 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2337 - NYBORG | This appeal has been taken in accordance with Title 46 U.S.C.
239(g) and 46 CFR 5.30-1.
By order dated 16 February 1983, an Administrative Law Judge
of the United States Coast Guard at Long Beach, California
admonished Appellant. The specification found proved alleges that
while serving as Pilot on board the United States SS SAN MARCOS and
directing the movements of said vessel under authority of the
license above captioned, on or about 12 May 1981, Appellant failed
to initiate adequate and timely evasive maneuvers to avoid
collision with the F/V SANDRA LINN while overtaking said vessel in
the vicinity of the Bay Bridge in San Francisco Bay.
The hearing was held at San Francisco, California, on 28 July,
11,21,26 and 31 August 1981.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty.
The Investigating Officer introduced in evidence several
documents and the testimony of three witnesses. | Appeal No. 2337 | Suspension and Revocation Appeals Authority | 1/6/1984 | 1/6/1984 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2338 - FIFER II | This appeal has been taken in accordance with 46 U.S.C. 239(g)
and 46 CFR 5.30-1.
By order dated 8 March 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." The specification found proved
alleges that on or about 1 March 1982, Appellant was convicted of
possession of cannabis (over 100 pounds) by the Circuit Court,
Seventeenth Judicial Circuit, in and for Broward County, Florida.
The hearing was held at Miami, Florida on 9 December 1982 and
on 20 January 1983.
At the hearing, Appellant was represented by professional
counsel and entered a plea of guilty to the charge and
specification.
The Investigating Officer introduced in evidence six exhibits.
At the end of the hearing on 9 December 1982 the Administrative Law
Judge rendered an oral decision in which he concluded that the
charge and specification had been proved by plea. The hearing was then continued to 20 January 1983. On that day Appellant
testified, called three witnesses and introduced into evidence two
exhibits all directed toward mitigation and extenuation.
The Administrative Law Judge's decision and order revoking all
licenses and documents issued to Appellant, dated 8 March 1983, was
served on 14 March 1983. Appeal was timely filed on 17 March 1983
and perfected on 4 May 1983. | Appeal No. 2338 | Suspension and Revocation Appeals Authority | 1/6/1984 | 1/6/1984 | | 12/20/2017 |
| 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 | 2340 - JAFFEE | This appeal has been taken in accordance with Title 46 U.S.C.
239(g) and 46 CFR 5.30-1.
By order dated 31 January 1983, an Administrative Law Judge of
the United States Coast Guard at Almeda, California suspended
Appellant's license for six months, plus six months on twelve
month's probation, upon finding him guilty of negligence. The
specifications found proved allege that while serving as Operator
on board the United States motor vessel PILLAR POINT 3 under
authority of the license above captioned, on 7 November 1982,
Appellant knowingly carried passengers for hire on the PILLAR POINT
3 on a sport fishing voyage off the coast of California from Pillar
Point Harbor and back to Pillar Point Harbor with the starboard
engine inoperative, the starboard engine-driven bilge pump
inoperative, and the starboard shaft disconnected from the
reduction gear in an unsafe manner.
The hearing was held at Alameda, California on 1 December
1982.
At the hearing, Appellant elected to act as his own counsel
and entered a plea of not guilty to the charge and each
specification. | Appeal No. 2340 | Suspension and Revocation Appeals Authority | 1/20/1984 | 1/20/1984 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2280 - ARNOLD | This appeal has been taken in accordance with Title 46 U.S.C.
239(g) and 46 CFR 5.30-1.
By order dated 18 September 1981, an Administrative Law Judge
of the United States Coast Guard at Long Beach, California, revoked
Appellant's seaman's documents upon finding him guilty of
misconduct and physical incompetence. The specifications found
proved alleged that Appellant while serving as crew messman aboard
the SS AUSTRAL LIGHTING, under authority of the captioned document,
(1) did on or about 6 June 1981 fail to perform his assigned
duties, by not serving breakfast; (2) did on or about 10 June 1981
while the vessel was in Sydney, Australia, fail to perform his
duties, by not serving supper; (3) did on or about 10 June 1981
while the vessel was in Sydney, Australia fail to join for the
continued voyage to Melbourne, Australia; (4) did on or about 20
June 1981, fail to perform his duties for reasons of intoxication;
(5) did on or about 21 June 1981, fail to perform his duties for
reasons of intoxication; (6) did on or about 22 June 1981 while
vessel was in Brisbane, Australia, fail to join for the continued
voyage to San Francisco, California; (7) was on or about 21 June
1981 while the vessel was in port at Brisbane, Australia, and at
the time of the hearing was, physically incompetent to perform the duties of an American merchant seaman due to diabetes mellitus,
pancreatitis, and alcohol abuse. | Appeal No. 2280 | Suspension and Revocation Appeals Authority | 7/22/1982 | 7/22/1982 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2281 - BROMAN | This appeal has been taken in accordance with Title 46 U.S.C.
239(g) and 46 CFR 5.30-1.
By order dated 28 January 1980, an Administrative Law Judge of
the United States Coast Guard at St. Louis, Missouri, admonished
Appellant upon finding him guilty of misconduct. The specification
found proved alleges that while serving as Master on board the
United States M/V W.W. HOLLOWAY under authority of the license
above captioned, on or about 17 September 1979, Appellant departed
the port of Milwaukee, WI, for Chicago, IL, and traversed Lake
Michigan without the required licensed personnel aboard as required
by the vessel's certificate of inspection, to wit: the vessel
sailed without the second mate having the proper endorsement to be
a first class pilot upon Lake Michigan.
The hearing was held at Chicago, IL on 18 October 1979.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced in evidence the testimony
of one witness and three documents.
The Appellant did not testify, call witnesses or introduce any
documents. | Appeal No. 2281 | Suspension and Revocation Appeals Authority | 8/16/1982 | 8/16/1982 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2282 - LITTLEFIELD | This appeal has been taken in accordance with 46 U.S.C. 239(g)
and Title 46 Code of Federal Regulations 5.30-1.
By order dated 23 November 1979, an Administrative Law Judge
of the United States Coast Guard at Portland, Maine, suspended
Appellant's license for 1 month on 12 months probation. The
specification of the negligence charge found proved alleged that
Appellant, while serving as operator of M/V CAPTAIN LARRY, under
authority of the captioned license, did at about 1315 on 6 August
1979, fail to adequately take into account the fall of the tide,
causing said vessel to ground in the vicinity of Brewer's Boatyard
Docks, Great Chebeague Island, Maine.
At the hearing, Appellant was represented by 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 thirteen documents.
In defense Appellant introduced his own testimony and three
documents. | Appeal No. 2282 | Suspension and Revocation Appeals Authority | 8/24/1982 | 8/24/1982 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 1990 - BOURG | 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 13 February 1973, 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 specification found proved
alleges that while serving as operator on board the MV FIVE FORKS
under authority of the license above captioned on or about 4
February 1972, Appellant did negligently fail to provide for the
safety of one of the passengers Robert J. Ricaud, by permitting him
to disembark the vessel under hazardous conditions without
requiring the use of a lifesaving device, while the vessel was at
the Mobil Oil Drilling Rig Central Facility 129, Block 129, Eugene
Island area, Gulf of Mexico.
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
Certificate of death of Robert J. Ricaud and the testimony of two
members of the crew of the FIVE FORKS.
In defense, Appellant offered in evidence his own testimony
and that od a character witness. | Appeal No. 1990 | Suspension and Revocation Appeals Authority | 9/27/1973 | | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 1991 - MOORE | 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 14 June 1973, an Administrative Law Judge of
the United States Coast Guard at New Orleans, Louisiana suspended
Appellant's license for 3 months outright upon finding him guilty
of negligence. The specification found proved alleges that while
serving as a Pilot on board the SS HESS REFINER under authority of
the above captioned license, on or about 1 February 1973, Appellant
did wrongfully proceed at an immoderate speed in conditions of
reduced visibility due to fog in Southwest Pass thereby
contributing to a collision between said vessel and the M/V
SOCRATES and tow, the T/B ALLIED CHEMICAL No. 44.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification. | Appeal No. 1991 | Suspension and Revocation Appeals Authority | 10/26/1973 | 10/26/1973 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 1992 - COPELAND | 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 12 October 1972, an Administrative Law Judge of
the United States Coast Guard at Corpus Christi, Texas suspended
Appellant's license for one month on two months' probation upon
finding him guilty of misconduct. The specification found proved
alleges that while serving as operator on board the TX 4207 XH
under authority of the license above captioned, on or about 19
August 1972, Appellant permitted said vessel to carry in excess of
6 passengers while said vessel did not have on board a valid
Certificate of Inspection in violation of 46 U.S.C. 390 et seq.
as specified in 46 CFR 176.01-(a).
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 some
photographs of the vessel, a handwritten list of persons aboard and
the testimony of three witnesses. | Appeal No. 1992 | Suspension and Revocation Appeals Authority | 11/20/1973 | 11/20/1973 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 1993 - FRACCARO | Appellant appeals under 46 U.S.C. 239(g) and 46 CFR 137.30-1
from three orders entered by an Administrative Law Judge of the U.
S. Coast Guard after hearing held at Oswego, New York, on several
dates in April 1969. The charges of misconduct all involved
service as a Great Lakes pilot aboard three foreign vessels: M/V
SAKUMO LAGOON, M/V BENGKALIS, and M/V THERON.
On 28 January 1969, Appellant was served with charges of
misconduct for hearing to commence on 16 April 1969. The offenses
alleged were that while serving under authority of his license as
pilot:
(1) aboard the Ghanian SAKUMO LAGOON on 25 September 1968,
Appellant overtook SS CARSON J. CALLAWAY in the St.
Lawrence River without obtaining a whistle signal
assenting to an overtaking proposal in violation of 33
CFR 90.8, and
(2) aboard the Canadian THERON on 30 November 1968 navigated
the vessel on the St. Lawrence River in excess of the
prescribed speed. | Appeal No. 1993 | Suspension and Revocation Appeals Authority | 12/30/1973 | 12/30/1973 | | 12/21/2017 |
| 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 | 1995 - NAPIER | 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 24 September 1973, an Administrative Law Judge
of the United States Coast Guard at New Orleans, Louisiana revoked
Appellant's seaman document upon finding him guilty of misconduct.
The specification found proved alleges that while serving as second
electrician on board the United States SS CARRIER DOVE under
authority of the document above captioned, on or about 25 July
1973, Appellant did wrongfully assault and batter by striking with
a beer can the crew pantryman while the vessel was in the port of
Durban, Union of South Africa.
At the hearing, Appellant was represented by counsel.
Appellant entered a plea of guilty to the charge and specification.
In mitigation, Appellant offered in evidence the testimony of
the crew pantryman and his own testimony. | Appeal No. 1995 | Suspension and Revocation Appeals Authority | 3/19/1974 | 3/19/1974 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 1996 - LEWIS | 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 20 February 1973, an Administrative Law Judge
of the United States Coast Guard at San Francisco, California,
suspended Appellant's seaman's documents for 7 months outright plus
6 months on 12 months' probation upon finding him guilty of
misconduct. The specifications found proved allege that while
serving as a Fireman/Watertender on board the SS Elizabethport
under authority of the document above captioned, on or about 21 May
1972, Appellant, while the vessel was in the port of Naha, Okinawa,
(1) Wrongfully engaged in mutual combat with a fellow
crewmember, to wit, Patrick G. Fox, Engine Utility; and
(2) Wrongfully failed to obey an order given by the Master to
cease fighting with said fellow crewmember.
At the hearing, Appellant elected to act as his own counsel.
He entered a plea of not guilty to the charge and each
specification. Upon his failure to attend subsequent sessions, the
proceedings were properly continued in absentia. | Appeal No. 1996 | Suspension and Revocation Appeals Authority | 4/18/1974 | 4/18/1974 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 1997 - MELANSON | 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 6 August 1973, an Administrative Law Judge of
the United States Coast Guard at Houston, Texas suspended
Appellant's license for 2 months outright upon finding him guilty
of inattention to duty. The specification found proved alleges
that while serving as a Chief Mate on board the SS EXXON SAN
FRANCISCO under authority of the license above described, on or
about 24 June 1973 Appellant did cause the spill of approximately
10 gallons of heating oil into Houston Ship Channel, Exxon Docks,
Bayton, Texas.
At the hearing, Appellant was represented by counsel and
entered a plea of not guilty to the charge and specification. | Appeal No. 1997 | Suspension and Revocation Appeals Authority | 4/18/1974 | 4/18/1974 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 1998 - LEBOEUF | 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 11 September 1973, an Administrative Law Judge
of the United States Coast Guard at Port Arthur, Texas suspended
Appellant's seaman document for 3 months outright upon finding him
guilty of inattention to duty. The specification found proved
alleges that while serving as a tankerman on board the United
States Tank Barge GEORGE under authority of the document above
captioned, on 2 September 1973, Appellant allowed approximately one
(1) barrel of decant oil to overflow out of number 5S cargo tank
and enter the Calcasieu River at Citgo Docks, Lake Charles,
Louisiana.
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 two exhibits. | Appeal No. 1998 | Suspension and Revocation Appeals Authority | 4/18/1974 | 4/18/1974 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 1999 - JOSSY | 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 14 November 1973, an Administrative Law Judge
of the United States Coast Guard at Seattle, Washington, suspended
individually the license held by each Appellant for a period of 12
months on 18 months' probation upon finding each guilty of
misconduct. The specification found proved against Appellant Alt
alleges that while serving as operator aboard the DIXIE LEE, under
authority of the above-captioned license, on or about 20 August
1973, he wrongfully operated a foreign built boat carrying
passengers from a U.S. port and returned to a U.S. port in
violation of 19 CFR 4.80(e). The specification found proved
against Appellant Jossy is identical to the above except that it
alleges serving as operator aboard the JERI-JO III. | Appeal No. 1999 | Suspension and Revocation Appeals Authority | 5/9/1974 | 5/9/1974 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2000 - ELIPE | 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 9 November 1973, an Administrative Law Judge of
the United States Coast Guard at New York, New York suspended
Appellant's seaman's documents for 2 months outright plus 2 months
on 9 months' probation upon finding him guilty of misconduct. The
specification found proved alleges that while serving as an Able
Seaman on board the SS SANTA BARBARA under authority of the
document above captioned, on or about 10 August 1973, Appellant did
wrongfully engage in mutual combat with a fellow crew member, to
wit, Mario Fernandez, Steward Utility, while the vessel was in the
port of Kingston, Jamaica.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification. | Appeal No. 2000 | Suspension and Revocation Appeals Authority | 6/5/1974 | 6/5/1974 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2001 - WALLACE | 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 12 September 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 alleges that while
serving as a Fireman/Watertender on board the United States SS SAN
JUAN authority of the document above captioned, on or about 13
December 1972, Appellant wrongfully possessed marijuana and heroin
while the vessel was in the port of Kobe, 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 shipping
articles for the voyage in question, entries from the official log
book and a Japanese Judgment of Conviction and Sentencing. | Appeal No. 2001 | Suspension and Revocation Appeals Authority | 6/14/1974 | 6/14/1974 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2002 - ADAMS | 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 8 August 1973, an Administrative Law Judge of
the United States Coast Guard at Houston, Texas suspended
Appellant's seaman documents for one month outright upon finding
him guilty of misconduct. The specification found proved alleges
that while serving as a tankerman on board the United States Tank
Barge LBT-18 under authority of the document above captioned, on or
about 16 July 1973 Appellant did cause a spill of approximately 120
gallons of crude petroleum condensate upon the waters of Houston
Ship Channel at Robertson Terminal.
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 a diagram of
the scene, the testimony of Mr. Marvin Epps, the dockman for
Robertson Terminal, and Petty Officer Clark, the Investigator.
In defense, Appellant offered in evidence his own testimony
and that of Captain Joseph Courtaux, the tug Captain. | Appeal No. 2002 | Suspension and Revocation Appeals Authority | 6/19/1974 | 9/19/1974 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2003 - PEREIRA | 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 11 July 1973, an Administrative Law Judge of
the United States Coast Guard at New York, New York, suspended
Appellant's seaman's documents for four months outright plus two
months on twelve months' probation upon finding him guilty of
misconduct. The specification found proved alleges that while
serving as a Second Pumpman on board the United States NS YUKON
under authority of the document above captioned, on or about 3
January 1973, Appellant wrongfully deserted the said vessel at
Kwajalein Atoll (United States Trust).
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 voyage
records from the USNS YUKON, and the depositions of two witnesses. | Appeal No. 2003 | Suspension and Revocation Appeals Authority | 7/8/1974 | 7/8/1974 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2004 - LORD | 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 13 September 1973, an Administrative Law Judge
of the United States Coast Guard at Seattle, Washington, suspended
Appellant's license for two months outright plus ten months on
eighteen months' probation upon finding him guilty of negligence.
The specification found proved alleges that while serving as master
on board SS C. E. DANT under authority of the license above
captioned, on 4 September 1972, Appellant while in the Strait of
Juan de Fuca negligently allowed his vessel to proceed at
immoderate speed in restricted visibility, thereby continuing to a
collision between the vessel and MV AEGEAN SEA.
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 of C. E. DANT, certain photographs, and the testimony of
witnesses. | Appeal No. 2004 | Suspension and Revocation Appeals Authority | 8/22/1974 | 8/22/1974 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2005 - BEROUD | 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 18 March 1974, an Administrative Law Judge of
the United States Coast Guard at New York, New York, 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, on 4 September 1973,
Appellant was convicted in Delaware County Court, Media,
Pennsylvania, a court of record in Delaware County, Commonwealth of
Pennsylvania, for violation of the Commonwealth of Pennsylvania.
At the hearing, Appellant was represented by professional
counsel and entered a plea of guilty to the charge and
specification.
The Investigating Officer introduced in evidence certified
copies of the indictments and court conviction.
In defense, Appellant offered in evidence his own testimony,
that of a character witness and seven letters of character. | Appeal No. 2005 | Suspension and Revocation Appeals Authority | 8/23/1974 | 8/23/1974 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2006 - MCCOY | 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 12 December 1973, an Administrative Law Judge
of the United States Coast Guard at New Orleans, Louisiana,
suspended Appellant's seaman's documents for twelve months upon
finding him guilty of misconduct. The specification found proved
alleges that while serving as a day third engineer on board SS DEL
ORO under authority of the license above captioned, on or about 26
February 1973, Appellant wrongfully failed to perform his assigned
duties while the vessel was at Abidjan, Ivory Coast.
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 voyage
records of DEL ORO and the testimony of three witnesses.
In defense, Appellant offered no evidence.
At the end of the hearing, the Administrative Law Judge
rendered an oral decision in which he concluded that the charge and
specification had been proved. He then entered an order suspending
all documents issued to Appellant for a period of twelve months. | Appeal No. 2006 | Suspension and Revocation Appeals Authority | 8/3/1974 | 8/3/1974 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2007 - ARMAD | 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 9 August 1973, an Administrative Law Judge of
the United States Coast Guard at San Francisco, California,
suspended Appellant's seaman's documents for six months outright
upon finding him guilty of misconduct. The specification found
proved alleges that while serving as a Radio/Telegraph Operator on
board the SS JEFFERSON CITY VICTORY under authority of the document
and license above captioned, on or about 9 December 1972, while the
vessel was at sea, Appellant did wrongfully assault and batter a
fellow crewmember, Third Assistant Engineer J.E. Frazer, and did
wrongfully assault and batter him a few days later ashore.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification. | Appeal No. 2007 | Suspension and Revocation Appeals Authority | 9/5/1974 | 9/5/1974 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2008 - 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.
By order dated 9 January 1974, an Administrative Law Judge of
the United States Coast Guard at Long Beach, California suspended
Appellant's seaman's documents for four months outright plus three
months on twelve months' probation upon finding him guilty of
negligence. The specification found proved alleges that while
serving as Operator on board the MV PIONEER under authority of the
license above captioned, on or about 19 September 1973, Appellant
negligently failed to keep clear of the tankship SANINENA II
causing a collision between the two vessels.
At the hearing, Appellant initially elected to act as his own
counsel and entered a plea of not guilty to the charge and
specification. At a subsequent session, he was represented by
professional counsel. At the final session, the proceedings were
properly concluded in absentia. The Investigating Officer
introduced in evidence the live testimony of three witnesses and
various documents. | Appeal No. 2008 | Suspension and Revocation Appeals Authority | 9/13/1974 | 9/13/1974 | | 12/21/2017 |
| 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 | 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 | 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 | 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 |