| Suspension and Revocation Appeals Authority | 2171 - DEIBAN | This appeal has been taken in accordance with 46 U.S.C. 239
(g) and 46 CFR 5.30-1.
By order dated 21 December 1977, an Administrative Law Judge
of the United States Coast Guard at New York, New York, after a
hearing at New York, suspended Appellant's Merchant Mariner's
Document for a period of nine months and further suspended his
document for and additional period of three months on probation for
twelve months upon finding him guilty of misconduct. The
specifications found proved allege that while serving as a wiper on
board SS MARINE EAGLE, under authority of the above captioned
document, Appellant on or about 5 August 1976 wrongfully assaulted
and battered Arthur T. Rudder, the Assistant Engineer, and that
Appellant wrongfully assaulted and battered Arthur T. Rudder with
a dangerous weapon.
Appellant was represented by professional counsel at the
hearing. The proceedings were interpreted form English to
Appellant's native language, Arabic, for Appellant's benefit.
Appellant entered a plea of not guilty to the charge and
specifications.
The Investigating Officer introduced into evidence the
depositions of the victim and another eyewitness to the alleged
incident.
In defense, Appellant introduced into evidence and undated
statement of the Chief Officer of MARINE EAGLE which purports to reflect the oral unsworn statement of Appellant with respect to the
alleged incidents. | Appeal No. 2171 | Suspension and Revocation Appeals Authority | 11/6/1979 | 11/6/1979 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2167 - JONES | This appeal has been taken in accordance with 46 U.S.C. 239
(g) and 46 CFR 5.30-1.
By order dated 5 May 1978, and Administrative Law Judge of the
United States Coast Guard at San Francisco, California, after a
hearing at San Francisco, California, on 17 and 27 February and 30
March 1978, suspended Appellant's license and all other valid Coast
Guard issued licenses for a period of three months on probation for
six months upon finding him guilty of negligence. The one
specification of the charge of negligence found proved alleges that
Appellant, while serving as Master aboard SS SANTA MARIA, under
authority of the captioned document, did, on 9 February 1978, fail
to take timely action to prevent SS SANTA MARIA from running into
water too shallow for her draft, thereby causing the vessel to
ground in Carquinez Strait, California, on 9 February 1978.
At the hearing, Appellant was represented by professional
counsel. Appellant entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced into evidence the
testimony of four witnesses, one deposition, and four documents. | Appeal No. 2167 | Suspension and Revocation Appeals Authority | 10/17/1979 | 10/17/1979 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2354 - DITMARS | This appeal has been taken in accordance with 46 U.S.C. 239(g)
46 CFR 5.30-1 and 46 CFR 5.30-15.
By order dated 26 May 1983, an Administrative Law Judge of the
United States Coast Guard, at Miami, Florida, revoked Appellant's
seaman's license upon finding proved the charge of convict ion for
a narcotic drug law violation. The specification found proved
alleges that being the holder of the license above captioned, on or
about 23 December 1982 Appellant was convicted of knowingly,
intentionally, and unlawfully possessing a controlled substance, to
wit, marijuana.
The hearing was held at Miami, Florida on 26 May 1983.
At the hearing, Appellant represented himself and entered a
plea of guilty to the charge and specification.
The Investigation Officer introduced in evidence five
documents including a copy of the judgement of conviction of the
New Jersey Superior Court, Mercer County, in the case State of
New Jersey v. Gary Neal Ditmars, and a true copy of the
indictment filed in the same ease. | Appeal No. 2354 | Suspension and Revocation Appeals Authority | 6/5/1984 | 6/5/1984 | | 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 | 2274 - SMART | This appeal has been taken in accordance with 46 U.S.C. 239(g)
and 46 CFR 5.30-1
By order dated 28 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 on six months'
probation, upon finding him guilty of misconduct. The
specification found proved alleged that while serving as Tankerman
on board the Crowley Barge 4 under authority of the document above
captioned, on or about 16 June 1981, Appellant wrongfully smoked a
cigarette on the weather deck of said vessel while not in a gas
free condition at Long Beach Berth 233 while bunkering the M/V
ORIENTAL EXECUTIVE.
The hearing was held at Long Beach, California, on 6 and 16
July 1981.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced in evidence one document,
and an agreed stipulation of facts.
In defense, Appellant offered in evidence the testimony of two
witnesses, including his own, and documentary exhibits. | Appeal No. 2274 | Suspension and Revocation Appeals Authority | 5/5/1982 | 5/5/1982 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2286 - SPRAGUE | This appeal has been taken in accordance with 46 U.S.C. 239(g)
and 46 CFR 5.30-1.
By order dated 10 April 1981, an Administrative Law Judge of
the United States Coast Guard at Philadelphia, Pennsylvania issued
an order of admonition to Appellant upon finding him guilty of
misconduct. The specification found proved, alleges that while
serving as CHIEF ENGINEER on board the SS COVE NAVIGATOR under
authority of the license above captioned, between 3 January 1981
and 24 February 1981, Appellant failed to notify the Coast Guard,
as required by the Certificate of Inspection, that the boiler
management system was not operating properly.
The hearing was held at Philadelphia, Pennsylvania on 25 March
1981.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced in evidence four
documents and the testimony of two witnesses. | Appeal No. 2286 | Suspension and Revocation Appeals Authority | 10/14/1982 | 10/14/1982 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2178 - HALL | This appeal has been taken in accordance with 46 U.S.C. 239(g)
and 46 CFR 5.30-1.
By order dated 10 August 1978, 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 operator of M/V GRANDE, under
authority of the license above captioned, on or about 3 July 1978,
Appellant negligently allowed passengers to throw trash and debris
over the side in violation of the Refuse Act of 1899.
At the hearing Appellant was represented by non-professional
counsel and entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced in evidence the oral
testimony of two witnesses.
In defense Appellant introduced the oral testimony of three
witnesses, including his own, and three photographs. | Appeal No. 2178 | Suspension and Revocation Appeals Authority | 1/3/1980 | 1/3/1980 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2264 - MCKNIGHT | This appeal has been taken in accordance with 46 U.S.C. 239(g)
and 46 CFR 5.30-1.
By order dated 11 December 1980, an Administrative Law Judge
of the United States Coast Guard at New York, New York, suspended
Appellant's Operator's License for two months on nine months'
probation, upon finding him guilty of negligence. The
specification found proved alleged that while serving as Operator
on board the Tug Holly under authority of the license above
captioned, on or about 8 March 1980, Appellant negligently absented
himself from the wheelhouse of the said vessel, leaving the
responsibilities of navigation of the said vessel and its tow to an
unlicensed deckhand, Woodard Willis, thereby contributing to the
said vessel's collision with the N.C. Highway #58 Bridge across the
Atlantic Intracoastal Waterway at approximately Mile 225.9.
The hearing was held at Wilmington, North Carolina, on 28
August 1980.
At the hearing, Appellant elected to act as his own counsel
and entered a plea of not guilty to the charge and specification. | Appeal No. 2264 | Suspension and Revocation Appeals Authority | 9/8/1981 | 9/8/1981 | | 12/21/2017 |
| 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 | 2149 - ENGLISH | This appeal has been taken in accordance with 46 U.S.C. 239(g)
and 46 CFR 5.30-1.
By order dated 12 June 1978, an Administrative Law Judge of
the United States Coast Guard at Long Beach, California, suspended
Appellant's seaman's documents for one month, plus four months on
twelve months' probation, upon finding him guilty of misconduct.
The specification preferred alleged that while serving as crew
pantryman on board the United States SS MANHATTAN under authority
of the document above captioned, on or about 5 June 1978, Appellant
wrongfully did assault and batter by beating with his fists a
member of the crew, one Younis A. Khan.
The hearing was held at Long Beach, California, on 7 June
1978.
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 Appellant testified in his own behalf.
When both sides had rested, the Administrative Law Judge, on
his own motion, amended the specification by substituting the words
"engage in mutual combat" for the words "assault and batter".
At the end of the hearing, the Administrative Law Judge
rendered a written decision in which he concluded that the charge
and specification, as amended by him, had been proved. He then
entered an order suspending all documents issued to Appellant for
a period of one month plus four months on twelve months' probation.
The entire decision was served on 15 June 1978. Appeal was
timely filed. | Appeal No. 2149 | Suspension and Revocation Appeals Authority | 3/8/1979 | 3/8/1979 | | 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 | 2364 - CAMPANA | This appeal has been taken in accordance with 46 U.S.C. 239(g)
and 46 CFR 5.30-1.
By order dated 15 August 1983, an Administrative Law Judge of
the United States Coast Guard at Alameda, California, suspended
Appellant's seaman's document for 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 United States S.S. PRESIDENT PIERCE under authority of
the document above captioned, on or about 1600, 21 April 1983,
Appellant did wrongfully disobey a lawful order of the First
Engineer, Roy A. Carlson, in that he refused to pick up debris.
The hearing was held at Alameda, California, on 8 August 1983.
Appellant did not appear at the hearing and was not
represented. The hearing proceeded in absentia. The
Administrative Law Judge entered a plea of not guilty on behalf of
Appellant.
The Investigating Officer introduced in evidence seven
exhibits. | Appeal No. 2364 | Suspension and Revocation Appeals Authority | 7/10/1984 | 7/10/1984 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2166 - REGISTER | This appeal has been taken in accordance with 46 U.S.C. 239(g)
and 46 CFR 5.30-1.
By order dated 15 June 1978, an Administrative Law Judge of
the United States Coast Guard at Jacksonville, Florida, after a
hearing at Jacksonville, Florida, on 25, 27, and 29 April 1978,
suspended Appellant's license for a period of three months on
probation for twelve months upon finding him guilty of negligence.
The one specification of the charge of negligence found proved
alleges that Appellant, "while serving as Pilot aboard M/V PUERTO
RICO, under authority of the captioned documents, did on or about
1040, 25 March 1978, while entering the Saint Johns River from
seaward, failed[sic] to reduce the speed of the M/V PUERTO RICO
sufficiently in that the wake generated by said vessel was
excessive and caused damage to personal property on the adjacent
shoreline."
At the hearing, Appellant was represented by professional
counsel. Appellant entered a plea of not guilty to the charge and
specification. | Appeal No. 2166 | Suspension and Revocation Appeals Authority | 9/18/1979 | 9/18/1979 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2150 - THOMAS | This appeal has been taken in accordance with 46 U.S.C. 239(g)
and 46 CFR 5.30-1.
By order dated 15 May 1978, an Administrative Law Judge of the
United States Coast Guard at Long Beach, California, suspended
Appellant's seaman's documents for three months on twelve months'
probation, upon finding him guilty of misconduct. The two
specifications found proved allege that while serving as first
assistant engineer on board the United States SS BALDBUTTE under
authority of the license above captioned, on or about 25 and 26
January 1978, while the vessel was shifting berths in Long Beach,
Appellant did wrongfully fail to perform his duties as first
assistant Engineer by being absent from the vessel without leave.
The hearing was held at Long Beach from 22 February 1978 to 8
May 1978.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and each
specification. | Appeal No. 2150 | Suspension and Revocation Appeals Authority | 3/20/1979 | 3/20/1979 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2164 - MURPHY | This appeal has been taken in accordance with 46 U.S.C. 239(g)
and 46 CFR 5.30-1.
By order dated 16 February 1978, an Administrative Law Judge
of the United States Coast Guard at San Francisco, California,
after a hearing at San Francisco, California, on 15 and 30 December
1977, and 24 January 1978, suspended Appellant's license for a
period of two months on probation for six months upon finding him
guilty of negligence. The single specification of the charge of
negligence found proved alleges that Appellant, while serving as
chief mate aboard SS EXXON PHILADELPHIA, under authority of the
captioned documents, did on 1 December 1977, while said vessel was
at Richmond Long Wharf, Chevron Oil Dock, Richmond, California,
negligently fail to align the ballast transfer valves properly
while ballasting the said vessel, thereby wrongfully discharging a
harmful quantity of oil into the navigable waters of the United
States.
At the hearing, Appellant was represented by professional
counsel. Appellant entered a plea of not guilty to the charge and specification. | Appeal No. 2164 | Suspension and Revocation Appeals Authority | 9/7/1979 | 9/7/1979 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2158 - MCDONALD | This appeal has been taken in accordance with 46 U.S.C. 239(g)
and 46 CFR 5.30-1.
By order dated 16 November 1977, an Administrative Law Judge
of the United States Coast Guard at Jacksonville, Florida, after a
hearing conducted at Tampa, Florida, on 16 June and 9 August 1977,
suspended Appellant's license for a period of one month and further
suspended his license for an additional period of four months on
probation for twelve months upon finding him guilty of negligence.
The one specification of the charge of negligence found proved
alleges that Appellant while serving as First Class Pilot aboard SS
PHILLIPS WASHINGTON, under authority of the captioned document, did
on or about 27 March 1977, while the vessel was maneuvering in
Tampa Bay, Florida, negligently order full ahead engines while the
tug TONY ST. PHILIP was made fast to the stern of PHILLIPS
WASHINGTON, thereby resulting in tripping and subsequent sinking of
the tug TONY ST. PHILIP.
At the hearing, Appellant was represented by professional
counsel. Appellant entered a plea of not guilty to the charge and
specification. | Appeal No. 2158 | Suspension and Revocation Appeals Authority | 8/7/1979 | 8/7/1979 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2160 - WELLS | This appeal has been taken in accordance with 46 U.S.C. 239(g)
and 46 CFR 5.30-1.
By order dated 19 May 1978, an Administrative Law Judge of the
United States Coast Guard at New York, New York, after a hearing at
Philadelphia, Pennsylvania, on 14 November, 7 December, and 28
December 1977, and 13 February and 19 April 1978, suspended the
captioned documents for a period of four months and further
suspended them for a period of four months on twelve month's
probation upon finding him guilty of misconduct. The two
specifications of the charge of misconduct found proved allege:
(1) that Appellant, while serving as third mate aboard SS OVERSEAS
VALDEZ, under authority of the captioned documents, did, on 9
November 1977, while the vessel was anchored in the Delaware Bay
off Lewis, Delaware, wrongfully strike with his fist Thurman Young,
able seaman, while in the vessel's chart room at approximately 0330
from which a fight was precipitated; and (2) that Appellant while
serving as aforesaid on 9 November 1977, did wrongfully fail to
obey the lawful order of the Master, Jay D. Bolton, by continuing
to fight with Thurman Toung after the Master had ordered him to
stop fighting. | Appeal No. 2160 | Suspension and Revocation Appeals Authority | 9/6/1979 | 9/6/1979 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2186 - ASCIONE | This appeal has been taken in accordance with 46 U.S.C. 239(g)
and 46 CFR 5.30-1.
By order dated 2 August 1978, an Administrative Law Judge of
the United States Coast Guard at New York, New York, suspended
Appellant's seaman's documents for two months, upon finding him
guilty of misconduct. The specifications found proved alleges that
while serving as Ordinary Seaman on board SS SAN FRANCISCO under
authority of the document above captioned, on or about 26 January
1978, Appellant wrongfully failed to join said vessel at the
foreign port of Livorno, Italy.
The hearing was held at New York, New York, on 27 April, 16
May, 19 June, and 10 July 1978.
Appellant was not present at the hearing which proceeded in
absentia, nor was he represented by counsel. The Administrative
Law Judge entered a plea of not guilty to the charge and
specification on behalf of the Appellant.
The Investigating Officer introduced in evidence four
documents: (1) an abstract of line 16 of the shipping articles of
the SS SAN FRANCISCO for the voyage beginning on 25 November 1977
certified by CDR P.M. Lebet, USCG at Rotterdam, Holland; (2) an
abstract of the same line 16 certified by LTJG J.A. Stamm, USCG
supplying the date, place and cause of the Appellant's leaving the
vessel; (3) a copy of an entry from the official log book of the SS SAN FRANCISCO certified under the hand and seal of the American
Vice Consul at Kobe, Japan; and (4) a photocopy of page 23 of the
official log book of the SS SAN FRANCISCO for the same voyage
certified by LTJG Stamm which includes the entry certified in the
third document. There was no live testimony introduced by the
Investigating Officer.
The Appellant offered no evidence in his defense. | Appeal No. 2186 | Suspension and Revocation Appeals Authority | 2/22/1980 | 2/22/1980 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2384 - WILLIAMS | This appeal has been taken in accordance with 46 U.S.C. 239(g)
and 46 CFR 5.30-1.
By order dated 21 July 1983, an Administrative Law Judge of
the United States Coast Guard at Houston, Texas revoked Appellant's
mariner's document upon finding proved the charge of misconduct.
The specification found proved alleges that while serving as oiler
aboard the S/S INGER, under authority of the above captioned
document, Appellant did, on or about 29 March 1983 "wrongfully have
in [his] possession certain narcotics, to wit: Marijuana."
The hearing was held at Houston, Texas, on 23 May 1983.
At the hearing, Appellant elected to act as his own counsel
and entered a plea of not guilty to the charge and specification.
Appellant was assisted by his father.
The Investigating Officer introduced in evidence six exhibits,
and the testimony of two witnesses. | Appeal No. 2384 | Suspension and Revocation Appeals Authority | 2/27/1985 | 2/27/1985 | | 12/7/2017 |
| Suspension and Revocation Appeals Authority | 2180 - METCALFE | This appeal has been taken in accordance with 46 U.S.C. 239(g)
and 46 CFR 5.30-1.
By order dated 22 June 1978, an Administrative Law Judge of
the United States Coast Guard at Houston, Texas, revoked
Appellant's seaman's documents upon finding him incompetent for
service as a seaman. The specification found proved alleges that
while serving as able seaman on board the United States SS AMERICAN
EAGLE under authority of the document above captioned, on or about
14 January 1978, Appellant, while the vessel was in the port of
Portland, Maine, suffered from a "seizure".
The hearing was held at Port Arthur, Texas, on 30 January and
11 April 1978.
At the hearing, Appellant failed initially to appear but when
granted a reopening of the case elected to act as his own counsel
and entered a plea of not guilty to the charge.
The Investigating Officer introduced in evidence the testimony
of witnesses and medical records.
In defense, Appellant offered in evidence the testimony of two
witnesses. After the hearing, the Administrative Law Judge
rendered a written decision in which he concluded that the charge
and specification had been proved. He then entered an order
revoking all documents issued to Appellant. | Appeal No. 2180 | Suspension and Revocation Appeals Authority | 1/8/1980 | 1/8/1980 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2214 - CHRISTENSEN | This appeal has been taken in accordance with 46 U.S.C. 239(g)
and 46 CFR 5.30-1.
By order dated 22 March 1978, an Administrative Law Judge of
the United States Coast Guard after a hearing on 10 January 1978 at
Portland, Maine, suspended Appellant's license for a period of one
(1) month on probation for twelve (12) months upon finding him
guilty of negligence. The first specification of negligence found
proved alleged that while serving as operator aboard M/V BOBBIE
under the authority of his license, Appellant did, on 14 December
1977 while said vessel was navigating Merchant Row, near Deer
Island, Maine, in conditions of fog and restricted visibility, fail
to obtain or properly use information available to determine the
precise location of the vessel, causing the vessel to ground. The
second specification of negligence found proved alleged that while
serving as above Appellant failed to properly post a lookout,
contributing to the vessel's grounding.
At the hearing, Appellant was represented by professional
counsel. Appellant entered a plea of not guilty to the charge and
both specifications.
The Investigating Officer introduced into evidence the
testimony of two witnesses and two documents.
In defense, Appellant introduced into evidence his own
testimony and one document. | Appeal No. 2214 | Suspension and Revocation Appeals Authority | 5/29/1980 | 5/29/1980 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2199 - WOOD | This appeal has been taken in accordance with 46 U.S.C. 239(g)
and 46 CFR 5.30-1.
By order dated 24 July 1978, an Administrative Law Judge of
the United States Coast Guard at New Orleans, Louisiana, admonished
Appellant upon finding him guilty of negligence. The specification
found proved alleged that while serving as operator/mate on board
M/V BILL FROREICH under authority of the license described above,
on or about 27 July 1976, Appellant did negligently navigate such
vessel thereby contributing to an allision between the tow of the
vessel and a dock located in the vicinity of Mile 14, west of
Harvey Locks, Gulf Intracoastal Waterway.
At the hearing, Appellant was represented by professional
counsel. Appellant entered a plea of not guilty to the charge and
specification.
The Investigating Officer offered in evidence three exhibits
and the testimony of one witness.
In defense, Appellant offered in evidence one exhibit and his
own testimony. | Appeal No. 2199 | Suspension and Revocation Appeals Authority | 3/27/1980 | 3/27/1980 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2162 - ASHFORD | This appeal has been taken in accordance with 46 U.S.C. 239(g)
and 46 CFR 5.30-1.
By order dated 24 May 1978, an Administrative Law Judge of the
United States Coast Guard at Houston, Texas, after a hearing at
Port Arthur, Texas, on 27 April 1978, suspended Appellant's license
outright until 20 December 1978 and Apellant's merchant mariner's
document outright until 20 September 1978, and further suspended
Appellant's merchant mariner's document until 20 December 1978, on
probation unit 20 December 1978, upon finding him guilty of
misconduct. The single specification of the charge of misconduct
found proved alleges that Appellant, while serving as operator
aboard M/V GULF WATER III, under authority of the captioned
documents, did, on 13 April 1978, wrongfully operate the motor
vessel GULF WATER III, an uninspected towing vessel, while the
captioned license was deposited in compliance with an order of
suspension.
At the hearing, Appellant represented himself. Appellant
entered a plea of guilty to the charge and specification.
The Investigating Officer introduced into evidence six
documents. | Appeal No. 2162 | Suspension and Revocation Appeals Authority | 9/6/1979 | 9/6/1979 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2157 - KING | This appeal has been taken in accordance with 46 U.S.C. 239(g)
and 46 CFR 5.30-1.
By order dated 27 March 1973, an Administrative Law Judge of
the United States Coast Guard at Wilmington, North Carolina,
revoked Appellant's seaman's documents upon finding him guilty of
misconduct. The specification found proved alleges that while
serving as utilityman on board SS JAMES under authority of the
document above captioned, on or about 17 November 1972, Appellant,
at Apra, Guam, wrongfully had a quantity of marijuana in his
possession.
The hearing was opened at Wilmington, North Carolina, on 19
December 1972.
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 certain evidence and
moved for the taking of testimony of two witnesses by deposition on
written interrogatories. The motion was granted and the hearing
was adjourned sine die.
A timely notice of reconvening of the hearing was delivered to
Appellant by registered mail, and the hearing was reopened as
scheduled on 8 March 1973 at Wilmington. Appellant did not appear
nor give notice of any kind. The hearing proceeded in
absentia.
After the hearing the Administrative Law Judge rendered a
written decision in which he concluded that the charge and specification had been proved. He then entered an order revoking
all documents issued to Appellant.
The decision was not served on Appellant until 28 November
1978. Notice of Appeal was timely filed on 26 December 1978. | Appeal No. 2157 | Suspension and Revocation Appeals Authority | 7/31/1979 | 7/31/1979 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2376 - FRANK | This appeal has been taken in accordance with 46 U.S.C. 239(g)
and 46 CFR 5.30-1.
By order dated 28 February 1983, an Administrative Law Judge
of the United States Coast Guard at Houston, Texas, revoked
Appellant's seaman's document upon finding him guilty of
misconduct. The specification found proved alleges that while
serving as utility 3rd on board the S.S. ASHLEY LYKES under
authority of the document above captioned, on or about 5 February
1983, while said vessel was in the port of Houston, Texas,
Appellant wrongfully possessed certain narcotics, to wit: hashish
and marijuana.
The hearing was held at Houston, Texas on 28 February 1983.
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 four exhibits
and the testimony of one witness.
In defense, Appellant offered in evidence his own testimony.
At the end of the hearing, the Administrative Law Judge
rendered an oral decision in which he concluded that the charge and
specification had been proved by plea. He then served a written
order on Appellant revoking all documents issued to him. | Appeal No. 2376 | Suspension and Revocation Appeals Authority | 2/2/1985 | 2/2/1985 | | 12/7/2017 |
| Suspension and Revocation Appeals Authority | 2303 - HODGMAN | This appeal has been taken in accordance with 46 U.S.C. 239(g)
and 46 CFR 5.30-1.
By order dated 3 February 1983, an Administrative Law Judge of
the United States Coast Guard at Miami, Florida revoked Appellant's
seaman's document upon finding proved the charge of "conviction for
a narcotic drug law violation." The specification found proved
alleges that being the holder of the document above captioned, on
or about "20 May 1977 [Appellant was] convicted of conspiracy to
violate Section 841(a)(I) of Title 21, United States Code (by the
United States District Court for the Southern District of Georgia)
in that [he] did knowingly and intentionally possess with intent to
distribute a quantity of marijuana."
The hearing was held at Miami, Florida on 8 December 1982.
At the hearing, Appellant was represented by professional
counsel and entered a plea of guilty to the charge and
specification.
The Investigating Officer introduced in evidence a certified
copy of the Judgment of the Court, a copy of the Indictment, and
the Affidavit of Service of the charge sheet.
In defense, Appellant offered in evidence his own testimony,
the testimony of one additional witness and five exhibits. | Appeal No. 2303 | Suspension and Revocation Appeals Authority | 4/22/1983 | 4/22/1983 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2348 - MANLEY | This appeal has been taken in accordance with 46 U.S.C. 239(g)
and 46 CFR 5.30-1.
By order dated 30 December 1982, an Administrative Law Judge
of the United States Coast Guard at HOUSTON, TEXAS revoked
Appellant's seaman's document upon finding him guilty of the charge
of "conviction for a drug law violation." The specification found
proved alleges that being the holder of the document above
captioned, on or about 5 June 1981, Appellant was convicted of
possession of marijuana by the County Court of Harris County,
Texas.
The hearing was held at Houston, Texas on 12 November 1982.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced in evidence the record of
Appellant's conviction.
In defense, Appellant made several motions related to the
admissibility of the court records, the legal effect of the Texas
conviction, and the legal adequacy of the Coast Guard proceeding. | Appeal No. 2348 | Suspension and Revocation Appeals Authority | 1/12/1984 | 1/12/1984 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2161 - BRONZOVICH | This appeal has been taken in accordance with 46 U.S.C. 239(g)
and 46 CFR 5.30-1.
By order dated 30 March 1978, an Administrative Law Judge of
the United States Coast Guard at Jacksonville, Florida after
hearings at Jacksonville, Florida, on 29 November 1977 and 9
January 1978, suspended Appellant's license for two months and
further suspended it for three months on twelve months' probation
upon finding him guilty of negligence. Six specifications of
negligence had been alleged. The two specifications found proved
alleged (1) that Appellant, while serving as operator aboard the
Tug Boat ST2127, under authority of the captioned document, did on
or about 14 August 1977 fail "to sound the vessel ST2127's general
alarm prior to the moment of extremis [sic]," and (2) that
Appellant, while serving as above, failed to maintain the vessel
ST2127's double bottom fuel tanks and the after ballast tanks in a
ballasted condition for optimum stability.
At the hearing, Appellant was represented by professional
counsel. Appellant entered a plea of not guilty to the charge and
specifications. | Appeal No. 2161 | Suspension and Revocation Appeals Authority | 9/6/1979 | 9/6/1979 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2196 - NOWAK | This appeal has been taken in accordance with 46 U.S.C. 239(g)
and 46 CFR 5.30-1.
By order dated 31 January 1978, an Administrative Law Judge of
the United States Coast Guard at San Francisco, California, after
a hearing at San Francisco, California, on 13 January 1978,
suspended the captioned documents for a period of three months on
probation for twelve months upon finding him guilty of misconduct.
The single specification of the charge of misconduct found proved
alleges that Appellant, while serving as Third Assistant Engineer,
aboard SS MARIPOSA, under authority of the captioned documents, did
at or about 2030, 31 December 1977, engage in mutual combat with
another crewman, to wit: Jimmy Prado, Third Assistant Engineer
"(day)", while the vessel was at 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 into evidence five
documents, including extracts of the official log of SS MARIPOSA
and attachments thereto.
In defense, Appellant testified and introduced into evidence
one document. | Appeal No. 2196 | Suspension and Revocation Appeals Authority | 3/27/1980 | 3/27/1980 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2266 - BRENNER | This appeal has been taken in accordance with 46 U.S.C. 239(g)
and 46 CFR 5.30-1.
By order dated 5 January 1981, an Administrative Law Judge of
the United States Coast Guard at Norfolk, Virginia, suspended
Appellant's License for a period of one month and further suspended
it for two months on probation for two months, upon finding him
guilty of negligence. The specification found proved alleged that
Appellant, while serving as Operator aboard the Tug FORT McHENRY,
under the authority of the captioned document, did at about 0625 on
or about 5 December 1980, in the James River in the state of
Virginia, at or near the city of Richmond, fail to safely navigate
said vessel in such a manner as to preclude the barge she was
pushing from grounding on the edge of the channel.
At the hearing, Appellant was represented by non-professional
counsel. Appellant entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced into evidence the
testimony of five witnesses and four documents, one being a video
tape recording of the vessels during the period in question. | Appeal No. 2266 | Suspension and Revocation Appeals Authority | 10/13/1981 | 10/13/1981 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2170 - FELDMAN | This appeal has been taken in accordance with 46 U.S.C. 239(g)
and 46 CFR 5.30-1.
By order dated 7 April 1977, an Administrative Law Judge of
the United States Coast Guard at Long Beach, California, suspended
Appellant's seaman's documents for six months, plus a further six
months on twelve months' probation, upon finding him guilty of
misconduct. The specifications found proved allege that while
serving as third mate on board the United States SS MAYAGUEZ under
authority of the document and license above captioned, on or about
21 March 1976, Appellant wrongfully failed to perform duties in
connection with undocking the vessel because of intoxication and
engaged in mutual combat with a member of the crew at Subic Bay,
and, on 22 March 1976, wrongfully failed to stand a sea watch
because of intoxication.
The hearing was held at Long Beach from 9 September 1976 to 25
March 1977.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and each specification. | Appeal No. 2170 | Suspension and Revocation Appeals Authority | 11/6/1979 | 11/6/1979 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2174 - TINGLEY | This appeal has been taken in accordance with 46 U.S.C. 239(g)
and 46 CFR 5.30-1.
By order dated 7 December 1977, an Administrative Law Judge of
the United States Coast Guard at Seattle, Washington, after hearing
at Anchorage, Alaska, on 8,9, and 10 November 1976, 16 and 17
February and 8 February and 8 September 1977, suspended Appellant's
license for a period for a period of three months upon finding him
guilty of negligence. The two specifications of negligence found
proved allege: (1) that Appellant, while serving as pilot aboard
SS PORTLAND, under authority of the captioned document, did on 20
October 1976 wrongfully fail to navigate the vessel prudently,
causing an a
llision between SS PORTLAND and the north end of the Anchorage City
Dock; and (2) that Appellant, while serving as aforesaid, did on 20
October 1976 wrongfully fail to ascertain the correct state of the
correct state of the tide, causing an allision between SS PORTLAND
and the north end of the Anchorage City Dock.
At the hearing, Appellant was represented by professional
counsel. Appellant entered a plea of not guilty to the charge and
specifications. | Appeal No. 2174 | Suspension and Revocation Appeals Authority | 1/7/1980 | 1/7/1980 | | 12/21/2017 |
| 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 | 2148 - LEVY | This appeal has been taken in accordance with 46 U.S.C. 239(g)
and 46 CFR 5.30-1.
By order dated 9 December 1977, an Administrative Law Judge of
the United States Coast Guard at Houston, Texas, suspended
Appellant's seaman's documents for three months, plus six months on
twelve months' probation, upon finding him guilty of misconduct.
The specification found proved alleges that while serving as
Boatswain on board the United States S.S. EAGLE LEADER under
authority of the document above captioned, on or about 10 October
1977, while said vessel was at sea, Appellant did wrongfully
assault and batter James McDuff, a member of the crew.
The hearing was held at Corpus Christi, Texas, in two
sessions: the first on 25 October 1977; and the second on 7
November 1977.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification. | Appeal No. 2148 | Suspension and Revocation Appeals Authority | 1/30/1979 | 1/30/1979 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2137 - DESVAUX | This appeal has been taken in accordance with 46 U.S.C. 239(g)
and 46 CFR. 5.30-1.
By order dated 8 August 1977, an Administrative Law Judge of
the United States Coast Guard at New York, New, York, suspended
Appellant's seaman's documents for eight months, plus six months on
twelve months' probation, after finding her guilty of a charge of
misconduct. The specifications found proved alleged that while
serving as Messman on board SS AUSTRAL ENVOY under of the document
above captioned, Appellant did:
(1) on or about 11 January 1977 at approximately 0800 while
the vessel was at sea wrongfully assault and batter the
Chief Steward, William Yang, by spitting in his face;
(2) on or about 21 March 1977 at approximately 0945 while the
vessel was at the Port Newark, N.J. wrongfully assault
and batter the Master, Hector Bravo, by striking him in
the face with her hand;
(3) on 21 March 1977, at approximately 1250, while the vessel
was at Port Newark, N.J., wrongfully assault and batter
the Master, Hector Bravo, by striking him in the face
with her hands and by kicking him with her feet.
Appellant appeared pro se at the hearing and, after an
explanation (by the Administrative Law Judge) of her right to counsel and the possible consequences of her plea, waived her right
to counsel and entered a plea of not guilty to each of the three
specifications. | Appeal No. 2137 | Suspension and Revocation Appeals Authority | 11/3/1978 | 11/3/1978 | | 12/21/2017 |
| 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 | 2398 - BRAZELL | This appeal has been taken in accordance with 46 U.S.C. 239g
and 46 CFR 5.30-1.
By order dated 13 March 1981, an Administrative Law Judge of
the United States Coast Guard at Houston, Texas, suspended
Appellant's merchant mariner's document for four months upon
finding proved the charge of negligence. The specification found
proved alleged that Appellant, while serving as tankerman aboard
T/B TT-7002, did on or about 24 December 1980, fail to adequately
supervise cargo loading operations causing a discharge of oil into
the navigable waters of the United States, the Neches, River.
The hearing was held at Port Arthur, Texas, on 13 February
1981.
At the hearing, Appellant was represented by professional
counsel, and entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced in evidence seventeen
exhibits and the testimony of five witnesses. | Appeal No. 2398 | Suspension and Revocation Appeals Authority | | | | 12/7/2017 |
| Suspension and Revocation Appeals Authority | 2566 - WILLIAMS | This appeal has been taken in accordance with 46 U.S.C. 7702 and 46 C.F.R. 5.701.
By order dated 1 December 1992, an Administrative Law Judge of
the United States Coast Guard at Seattle, Washington, suspended
Appellant's license and document for the period 6 May 1992 to 21
August 1992 (during which period both had been voluntarily
deposited with the Coast Guard per 46 C.F.R. 5.105(c)), plus an
additional three months' suspension remitted on twelve months
probation, upon finding proved a charge of misconduct. The three
specifications supporting the charge alleged that Appellant
permitted an unqualified and unlicensed individual to assume
direction and control of the M/V SEA VIKING, in violation of 46
U.S.C. 8904(a); failed to take adequate precautions in an
overtaking situation to avoid a collision with F/V LEVIATHAN, a
violation of 33 U.S.C. 1602; and failed to take early and
substantial action to keep well clear of F/V LEVIATHAN, a violation of 33 U.S.C. 1602.
Following a prehearing conference on 28 July 1992, a hearing was
held at Seattle, Washington on 20 and 21 October 1992.
Appellant appeared at the prehearing conference and hearing with
professional counsel by whom he was represented throughout the
proceedings. Appellant denied the charge and all specifications
as provided in 46 C.F.R. 5.527. The Investigating Officer
introduced into evidence two exhibits and the testimony of
four witnesses. Appellant introduced a total of seven exhibits
and the testimony of three witnesses including the respondent
himself. In addition, the Investigating Officer and Appellant's
counsel agreed to a stipulation of facts (Agreed Exhibit 1).
Following the hearing, the Administrative Law Judge rendered a
decision in which he found that the charge and three
specifications were proved. His written decision and order were
entered on 1 December 1992, and were served on Appellant's
counsel on 15 December 1992. | Appeal No. 2566 | Suspension and Revocation Appeals Authority | 5/2/1995 | 5/2/1995 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2570 - HARRIS | This appeal has been taken in accordance with 46 U.S.C. 7702 and 46 C.F.R. 5.701.
By order dated May 19, 1994, an Administrative Law Judge of the United States Coast Guard at Norfolk, Virginia, revoked appellant's license upon finding proved charges of use of dangerous drugs, addiction to the use of dangerous drugs, and misconduct. The single specifications supporting each of the first two mentioned charges alleged that Appellant, while being the holder of the captioned license, during the approximate period of August 1985 until April 1987, did, respectively, use, and was addicted to the use of, cocaine, a dangerous drug. The two specifications found proved under the charge of misconduct alleged violations of 18 U.S.C. 1001, in that while acting under the authority of the captioned license: the Appellant wrongfully and fraudulently certified on his April 1, 1991, license application that he had never used or been addicted to the use of narcotics; and, that while giving sworn testimony during an admin-istrative proceeding against his license on January 27, 1993, the Appellant wrongfully lied under oath by falsely claiming to have never used drugs. The Administrative Law Judge dismissed two additional specifications, not dis-cussed herein, under the misconduct charge, as being subsumed within the two specifications paraphrased above.
A hearing was held on January 12, 1994, in Baltimore, Maryland. Appellant denied the charges and supporting specifications. On February 16, 1994, the Administrative Law Judge issued an order finding the above charges and supporting specifications proved. Arguments in mitigation and aggravation were held on April 19, 1994. Appellant was represented by the same counsel at both of these proceedings. | Appeal No. 2570 | Suspension and Revocation Appeals Authority | 7/28/1995 | 7/28/1995 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2410 - FERNANDEZ | This appeal has been taken in accordance with 46 U.S.C. 7702 and 46
CFR 5.30-1.
By order dated 15 November 1984, an Administrative Law Judge of the
United States Coast Guard at Honolulu, Hawaii, suspended Appellant's license
and document for three months outright plus an additional six months on
twelve months' probation upon finding proved the charge of misconduct. The
specification originally alleged that while serving as third officer aboard
S.S. CONSTITUTION, under the authority of the captioned documents, on or
about 29 September 1984. Appellant wrongfully assaulted and battered by
beating with fists and kicking the Chief Engineer. At the conclusion of the
evidence, and subsequent to closing arguments, the Administrative Law Judge
amended the specification to read that Appellant wrongfully entered into
mutual combat with the Chief Engineer.
The hearing was held at Honolulu, Hawaii, on 15 November 1984.
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 five exhibits and the
testimony of five witnesses. | Appeal No. 2410 | Suspension and Revocation Appeals Authority | 10/3/1985 | 10/3/1985 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2489 - JUSTICE | This appeal has been taken in accordance with 46 U.S.C. 7702 and 46
CFR 5.701.
By his order dated 30 June 1988, an Administrative Law Judge of the
United States Coast Guard at Long Beach, California, revoked Appellant's
Merchant Mariner's Document and License upon finding proved the charge
of misconduct. The misconduct charge was supported by one specification
which was found proved. The specification found proved alleged that
Appellant, while serving under the authority of the captioned documents,
on board the S/S SEA-LAND PACIFIC on or about 21 April 1988, did
wrongfully have in his possession controlled substances, as defined in
21 U.S.C. 812 and 21 C.F.R. 1308.14, to wit, Diazepam and Seconal.
The hearing was held at Long Beach, California on 15 June 1988.
Appellant appeared at the hearing and was represented by professional
counsel. Appellant entered, in accordance with 46 C.F.R. 5.527(a), an
answer of denial to the charge and specification.
The Investigating Officer introduced six exhibits into evidence and
called two witnesses.
Appellant introduced one exhibit into evidence and testified in his
own behalf.
After the hearing, the Administrative Law Judge rendered a decision
in which he concluded that the charge and specification had been found proved, and entered a written order revoking Appellant's license and
document.
The complete Decision and Order was served on Appellant on 5 July
1988. Notice of Appeal was timely filed on 2 August 1988. Following
the receipt of the transcript of the proceedings, Appellant's brief was
timely received on 6 December 1988. Accordingly, this matter is
properly before the Commandant for disposition. | Appeal No. 2489 | Suspension and Revocation Appeals Authority | 8/22/1989 | 8/22/1989 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2476 - BLAKE | This appeal has been taken in accordance with 46 U.S.C. 7702 and 46
CFR 5.701.
By order dated 16 December 1987, an Administrative Law Judge of the
United States coast Guard at Alameda, California, revoked Appellant's
Merchant Mariner's Document. This order was issued upon finding proved
a charge of misconduct supported by a single specification. The
specification found proved that Appellant, while serving as an Able-
Bodied Seaman aboard the G/T CHEVRON OREGON, under the authority of the
captioned document, did, on or about 26 December 1986, while said vessel
was at the loading/unloading facility offshore of El Segundo,
California, wrongfully have in his possession certain narcotic drugs, to
wit, marijuana.
The hearing was held at Alameda, California, on 22 July 1987. The
Appellant was represented by professional counsel at the hearing and
entered an answer of deny to the charge and specification. The
Investigating Officer introduced a total of six exhibits which were
admitted into evidence, and called three witnesses, two of whom
testified in person, and one who testified via a conference telephone
connection from Long Beach Coast Guard Marine Safety Office. Appellant
introduced no evidence and called no witnesses on his own behalf. The
Decision and Order was served on Appellant on 18 December 1987. A
notice of appeal was received by the Administrative Law Judge on 13
January 1988. | Appeal No. 2476 | Suspension and Revocation Appeals Authority | 11/30/1988 | 11/30/1988 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2485 - YATES | This appeal has been taken in accordance with 46 U.S.C. 7702 and 46
CFR 5.701.
By order dated 29 March 1988, an Administrative Law Judge of the
United States Coast Guard at Houston, Texas, suspended outright Appellant's
Merchant Mariner's License and document for one month. In addition,
Appellant's license and document were further suspended for two months,
remitted on twelve months probation, upon finding proved the charge of
negligence. The charge was supported by two specifications, both of which
were found proved. The first specification found proved alleged that
Appellant, while serving as the operator on board the motor vessel
ENTERPRISE, under the authority of the captioned documents, at or about 1930
on 5 December 1987, did wrongfully fail to properly assess the effect of the
tidal current on his vessel and tow, while attempting to dock port side to
the Conoco Clifton Ridge Barge Dock, resulting in an allision with the ship
dock fender system at Conoco Clifton Ridge Dock, resulting in an allision
with the ship dock fender system at Conoco Clifton Ridge Terminal, at or on
the Calcasieu River. The second specification found proved alleged that
Appellant, while serving as the operator on board the motor vessel
ENTERPRISE, under the authority of the captioned documents, at or about 1930
on 5 December 1987, did fail to properly arrange his tow for docking at the Conoco Clifton Ridge Terminal, resulting in an allision with the ship dock
fender system at conoco Clifton Ridge Terminal, at or on the Calcasieu
River. | Appeal No. 2485 | Suspension and Revocation Appeals Authority | 5/19/1989 | 5/19/1989 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2502 - RABATSKY | This appeal has been taken in accordance with 46 U.S.C. 7702 and
46 C.F.R. 5.701.
By an order dated 11 July 1986, an Administrative Law Judge of
the United States Coast Guard at St. Louis, Missouri, suspended
Appellant's license for three months, remitted on twelve months
probation upon finding proved the charge of misconduct. The
specification found proved alleged that on or about 26 June 1985,
Appellant, while serving as operator aboard the M/V JOHN M. SELVICK,
under the authority of the above-captioned license, operated the
vessel and its tow on Lake Michigan during a period of darkness
without ensuring that the tow was equipped with adequate navigational
sidelights as required by Rules 22 and 24 of the Inland Navigational
Rules.
The hearing was held at Chicago, Illinois on 20 March 1986. At
he hearing, Appellant was represented by professional counsel and
entered a plea of denial to the charge and specification.
The Investigating Officer introduced in evidence ten exhibits and
the testimony of one witness. In his defense, Appellant introduced
in evidence five exhibits, his own testimony, and the testimony of two additional witnesses.
After the hearing, the Administrative Law Judge rendered a
decision concluding that the charge and specification had been proved
and entered a written order suspending all licenses and certificates
issued to Appellant for three months remitted on twelve months
probation. | Appeal No. 2502 | Suspension and Revocation Appeals Authority | 7/31/1990 | 7/31/1990 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2503 - MOULDS | This appeal has been taken in accordance with 46 U.S.C. 7702 and
46 C.F.R. 5.701.
By an order dated 14 February 1990, an Administrative Law Judge
of the United States Coast Guard at Port Arthur, Texas, suspended
Appellant's Merchant Mariner's License and Merchant Mariner's Document
for two months remitted on none months probation upon finding proved
the charges of negligence and misconduct.
The charge of negligence is supported by one specification
alleging that Appellant, while operating under the authority of his
license and document as operator of the M/V VANPORT and tow, on or
about 30 July 1989, failed to safely navigate his vessel and tow while
transiting the Gulf Intracoastal Waterway (GICW), resulting in a
collision with the M/V MARINE INLAND and tow.
The charge of misconduct is supported by five specifications
alleging that Appellant, while operating under the authority of his
license and document as operator of the M/V VANPORT and tow while
transiting the GICW: (1) Wrongfully failed to safely navigate his
vessel while in an overtaking situation; (2) wrongfully failed to maintain a proper lookout; (3) Wrongfully failed to proceed at a safe
speed; (4) Wrongfully failed to render a required sound signal; (5)
Wrongfully failed to sound the danger signal.
The hearing was held at Port Arthur, Texas on 31 October and
7 December 1989. Appellant was represented at the hearing by
professional counsel. | Appeal No. 2503 | Suspension and Revocation Appeals Authority | 8/20/1990 | 8/20/1990 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2513 - PULSIFER | This appeal has been taken in accordance with 46 U.S.C. 7702 and
46 C.F.R. 5.701.
By an order dated 22 May 1989, an Administrative Law Judge of the
United States Coast Guard at Norfolk, Virginia suspended Appellant's
Merchant Mariner's License and Document for one month remitted on six
months probation. This order supplemented the written decision of the
Administrative Law Judge dated Norfolk, Virginia, on 4 May 1989.
PULSIFER
Appellant was charged with negligence supported by two
specifications. This charge and both specifications were dismissed by
the Administrative Law Judge. (Specification one was found not proved
and dismissed, Specification two was dismissed for vagueness).
Appellant was also charged with misconduct supported by four
specifications. The charge and specification two were found proved.
Specification one was withdrawn by the Investigating Officer.
Specifications three and four were found not proved and were
dismissed.
The specification found proved alleged that Appellant, while
serving aboard the USNS CAPELLA, under the authority of his license
and document, did, on 17 November 1988, operate the vessel in the
Chesapeake Bay Regulated Navigational Area, with impaired
maneuverability, without the authorization of the Captain of the Port,
in violation of 33 C.F.R. 165.501(c)(6)(i)(B) (1988)1.
The hearing was held at Norfolk, Virginia on
20 and 21 December 1988. The Administrative Law Judge issued a
written decision on 4 May 1989 based on the substance of that hearing.
An additional session was held on 19 May 1989 at Norfolk, Virginia, at
which time the Administrative Law Judge issued the order suspending
Appellant's license for one month remitted on six months probation. | Appeal No. 2513 | Suspension and Revocation Appeals Authority | 10/8/1990 | 10/8/1990 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2506 - SYVERTSEN | This appeal has been taken in accordance with 46 U.S.C. 7702 and
46 C.F.R. 5.701.
By an order dated 8 June 1989, an Administrative Law Judge of
the United States Coast Guard at New York City, New York, suspended
Appellant's First Class Pilot License for a period of two months
remitted on four months probation upon finding proved the charge of
negligence. The single specification supporting the charge alleged
that on 9 May 1988, Appellant, while serving as Pilot on board the M/V
OMI HUDSON under the authority of his above-captioned License, did
fail to keep a safe distance while overtaking the M/V EASTERN SUN,
resulting in a collision between the M/V OMI HUDSON and the M/V
EASTERN SUN approximately four miles north of the Tappan Zee Bridge on
the Hudson River.
The hearing was held on July 21 and July 22, 1988, at New York,
New York. Appellant was represented by professional counsel and
entered a response of DENIAL to the charge and the specification.
During the hearing the Administrative Law Judge heard six
witnesses an admitted twenty-two exhibits. At the conclusion of the hearing the Administrative Law Judge reserved decision. The complete
Decision and Order was issued on 8 June 1989, and served on Appellant
on 12 June 1989. Appellant perfected his appeal by filing his appeal
with the Commandant on 17 August 1989. | Appeal No. 2506 | Suspension and Revocation Appeals Authority | 9/6/1990 | 9/6/1990 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2431 - HERNANDEZ | This appeal has been taken in accordance with 46 U.S.C. 7702 and
46 CFR 5.30-1 (currently 46 CFR Part 5, Subpart J).
By order dated 28 February 1985, an Administrative Law Judge of
the United States Coast Guard at Houston, Texas, suspended Appellant's
document for one month outright plus an additional two months'
suspension on ten months' probation upon finding proved the charges of
misconduct and inattention to duty. The misconduct charge was
supported by two specifications. The specifications found proved
allege that Appellant, while serving as person in charge aboard T/B
NMS 1906, under authority of the captioned documents, on or about
1655, 27 January 1985, (1) did fail to insure that the cargo tank
butterworth covers were securely shut prior to cargo transfer
resulting in an oil spill into the Calcasieu River (33 CFR
156.120(e)), and (2) did transfer oil from said barge without the
required oil transfer procedures. The inattention to duty
specification found proved alleges that Appellant, while serving as
aforesaid, did fail to insure both of the required fire extinguishers
were in serviceable condition prior to cargo oil transfer.
The hearing was held at Port Arthur, Texas, on 19 February 1985.
At the hearing, Appellant appeared without professional counsel and
entered a plea of not guilty to the charges and supporting
specifications.
The Investigating Officer introduced in evidence six exhibits and
the testimony of two witnesses. In defense, Appellant introduced in
evidence two exhibits.
The Administrative Law Judge rendered a written Decision and
Order on 28 February 1985. He concluded that the charge and
specifications of misconduct and the charge and specification of
inattention to duty had been proved and suspended Appellant's document
for one month outright plus an additional two months' suspension on
ten months' probation. | Appeal No. 2431 | Suspension and Revocation Appeals Authority | 8/21/1986 | 8/21/1986 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2411 - SIMMONS | This appeal has been taken in accordance with 46 U.S.C. 7702 and
46 CFR 5.30-1.
By order dated 2 July 1984, an Administrative Law Judge of the
United States Coast Guard at Alameda, California, suspended
Appellant's license for one month outright upon finding proved the
charge of negligence. The specification found proved alleges that
while serving as Operator aboard the M/V AMERICAN EAGLE, under the
authority of the captioned document, on 20 May 1984, while the vessel
was navigating San Francisco Bay in the vicinity of the San
Francisco - Oakland Bay Bridge, appellant failed to take adequate
precautions to prevent a collision with the S/V FINE FEATHER resulting
in a collision with and the sinking of that vessel.
The hearing was held at Alameda, California, on 2 July 1984.
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. | Appeal No. 2411 | Suspension and Revocation Appeals Authority | 10/17/1985 | 10/17/1985 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2427 - JEFFRIES | This appeal has been taken in accordance with 46 U.S.C. 7702 and
46 CFR 5.30-1.
By order dated 29 August 1985, an Administrative Law Judge of the
United States Coast Guard at New York, New York, revoked Appellant's
license and merchant mariner's document upon finding proved the
charges of misconduct and incompetence. The misconduct charge was
supported by two specifications. The first alleged that, under the
authority of the captioned documents aboard the SS EDGAR M. QUEENY, on
or about 1 June 1985, Appellant had in his possession alcoholic
beverages, to wit, beer and rum. The second misconduct specification
alleged that, at the same place and time, Appellant wrongfully
rendered himself unfit to stand his scheduled watch due to
intoxication. The incompetence charge was supported by a single
specification alleging that, while serving as Third Assistant Engineer
aboard the SS EDGAR M. QUEENY under the authority of the captioned
documents, on or about 1 June 1985, Appellant was and presently i
incompetent to perform duties as third engineer due to alcoholism.
The hearing was held at Philadelphia, Pennsylvania, on 23 July
and 15 August 1985.
Appellant appeared at the hearing without counsel and entered a
plea of guilty to the first misconduct specification, and pleas of not
guilty to the second misconduct specification and the incompetence
charge and specification. | Appeal No. 2427 | Suspension and Revocation Appeals Authority | 8/29/1985 | 8/29/1985 | | 11/30/2017 |