| Suspension and Revocation Appeals Authority | 2413 - KEYS | This appeal has been taken in accordance with 46 U.S.C. 7702 and
46 CFR 5.30-1.
By order dated 4 December 1984, and Administrative Law Judge of
the United States Coast Guard at New York, New York, revoked
Appellant's merchant mariner's document upon finding proved the
charge of misconduct. The specifications found proved allege that
Appellant, while serving as Able-bodied seaman aboard the SS SANTA
ROSA, under the authority of the captioned document, on 8 July 1984:
(1) failed to turn to for docking operations, and (2) had in his
possession marijuana and valium.
The hearing was held at Philadelphia, Pennsylvania on
21 November 1984.
At the hearing Appellant was represented by professional counsel
and entered a plea of not guilty to the charge and both
specifications.
The Investigating Officer introduced in evidence two exhibits and
the testimony of one witness.
In defense, Appellant testified in his own behalf. | Appeal No. 2413 | Suspension and Revocation Appeals Authority | 10/18/1985 | 10/18/1985 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2414 - HOLLOWELL | This appeal has been taken in accordance with 46 U.S.C. 7702 and
46 CFR 5.30-1.
By order dated 4 December 1984, and Administrative Law Judge of
the United States Coast Guard at New York, New York, revoked
Appellant's merchant mariner's document upon finding proved the
charge of misconduct. The specifications found proved allege that
Appellant, while serving as Able-bodied seaman aboard the SS SANTA
ROSA, under the authority of the captioned document, on 8 July 1984:
(1) failed to turn to for docking operations, and (2) had in his
possession marijuana and valium.
The hearing was held at Philadelphia, Pennsylvania on
21 November 1984.
At the hearing Appellant was represented by professional counsel
and entered a plea of not guilty to the charge and both
specifications.
The Investigating Officer introduced in evidence two exhibits and
the testimony of one witness.
In defense, Appellant testified in his own behalf. | Appeal No. 2414 | Suspension and Revocation Appeals Authority | 11/27/1985 | 11/27/1985 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2449 - VANRIGHT | This appeal has been taken in accordance with 46 U.S.C. 7702 and
46 CFR 5.30-1.
By order dated 5 June 1986, an Administrative Law Judge of the
United States Coast Guard at Houston, Texas, suspended Appellant's
license and merchant mariner's document for six months outright, plus
an additional six months remitted on twelve months' probation upon
finding proved the charge of misconduct. The charge was supported buy
two specifications, both of which were found proved. The first
specification alleged that on or about 17 January 1986, Appellant,
while serving as second assistant engineer aboard the SS OVERSEAS
ALASKA, under the authority of the captioned documents, while the
vessel was at sea and Appellant was on watch, wrongfully failed to
obey the direct order of the first assistant engineer in that
Appellant failed to leave the engine room area and go to the operating
platform. The second specification alleges that Appellant, on the
same date and while serving in the same capacity, wrongfully assaulted
the first assistant engineer with a hammer, and assaulted and battered
the first assistant engineer with his fists, resulting in injury to
the first assistant engineer. | Appeal No. 2449 | Suspension and Revocation Appeals Authority | 6/8/1987 | 6/8/1987 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2514 - NILSEN | This appeal has been taken in accordance with 46 U.S.C. 7702 and
46 CFR 5.701, 5.607.
By an order dated 14 December 1988, an Administrative Law Judge
of the United States Coast Guard at Norfolk, Virginia, revoked
Appellant's Merchant Mariner's Document upon finding proved the charge
of incompetence. The specification supporting the charge of
incompetence alleged that Appellant, while serving under the authority
of his above-captioned document aboard the USNS INVINCIBLE, did, while
at sea on 5 August 1988, attempt to commit suicide by slashing his
arms with a razor blade.
Hearings were held in absentia under the provisions of 46
C.F.R. 515.5(a) at Portsmouth, Virginia on 6 October 1988, and at
Norfolk, Virginia on 7 November 1988, and 16 November 1988. The
Investigating Officer introduced the testimony of four witnesses and
seven exhibits into evidence. The Administrative Law Judge introduced
ten exhibits into evidence, including two submitted by the Appellant
by mail. The Administrative Law Judge issued an Order of Revocation
on 25 November 1988, and a final Decision and Order on 14 December
1988. Subsequent to the Order of Revocation, on 28 November 1988,
Appellant filed a pro se request for "retrial and appeal" with the
Commandant, which was forwarded to the Administrative Law Judge. This
submission is sufficiently detailed to be considered a concurrent
Notice of Appeal and Brief. The Administrative Law Judge denied
Appellant's request to reopen the hearing in an order dated 5 January
1989 and on the same day forwarded Appellant's notice of appeal of the Order of Revocation of 25 November 1988, to the Commandant. | Appeal No. 2514 | Suspension and Revocation Appeals Authority | 10/12/1990 | 10/12/1990 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2525 - ADAMS | This appeal has been taken in accordance with 46 U.S.C. 7702 and
46 CFR 5.701.
By an order dated 20 March 1990, an Administrative Law Judge of
the United States Coast Guard at New Orleans, Louisiana revoked
Appellant's Merchant Mariner's Document upon finding proved the charge
and specification of misconduct for possession of a controlled
substance, marijuana.
The specification found proved alleges that Appellant, while
serving under the authority of his above-captioned document as seaman
on board the M/V GOLDEN ENDEAVOR, a merchant vessel of the United
States, did, on 26 October 1988, wrongfully possess a controlled
substance Appellant submitted an answer of deny to the charge and
specification.
The Investigating Officer presented the sworn testimony of one
witness and two stipulations of expected testimony. In addition, two
exhibits were admitted into evidence on behalf of the Investigating
Officer. Appellant presented the sworn testimony on one witness and
testified under oath in his own defense. In addition, one exhibit was
admitted into evidence on behalf of Appellant. Upon finding proved
the charge and specification of misconduct, the Administrative Law
Judge revoked Appellant's document. | Appeal No. 2525 | Suspension and Revocation Appeals Authority | 5/6/1991 | 5/6/1991 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2519 - JEPSON | This appeal has been taken in accordance with 46 U.S.C. 7702 and
46 CFR 5.701.
By an order dated 30 march 1990, an Administrative Law Judge of
the United States Coast Guard at Long Beach, California suspended
Appellant's Merchant Mariner's License outright for six months with an
additional six months suspension remitted on twelve months probation.
Appellant was charged with negligence supported by five
specifications. The charge and specifications two and three were
found proved. Specifications four and five were withdrawn by the
Investigating Officer. Specification one was found not proved and was
dismissed.
Specification two alleged, as amended, that Appellant, while
serving aboard the M/V LITTLE BELLE, under the authority of the abovecaptioned
license, did, on or about 28 March 1989, operate the vessel
on the Colorado River, Bullhead City, Arizona, and negligently failed
to take positive, timely action to avoid collision with the unnamed
motorboat, AZ 2088C(motorboat), in violation of 33 U.S.C. 2008 (Rule
8), Inland Navigational Rules of the Road. | Appeal No. 2519 | Suspension and Revocation Appeals Authority | 2/7/1991 | 2/7/1991 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2496 - MCGRATH | This appeal has been taken in accordance with 46 U.S.C. 7702 and
46 CFR 5.701.
By his order dated 2 November 1988, an Administrative Law Judge
of the United States Coast Guard at Alameda, California, suspended
Appellant's license for two months, remitted on eight months
probation, having found proved the charges of misconduct and
negligence. The specification supporting the charge of misconduct
alleged a violation of law and regulation, that while serving as
Operator on board the S/V KIALOA II and under the authority of the
above-captioned license, Appellant did, on or about 3 October 1987,
while said vessel was located in San Francisco Bay, California operate
said vessel without a Certificate of Inspection while carrying eight
passengers.
The specification supporting the charge of negligence alleged
that Appellant operated the S/V KIALOA II in an unsafe condition in
violation of twelve safety regulations while carrying eight
passengers.
The hearing was held at Alameda, California, on 29 and 30 October
1987 and on 2 November 1987. Appellant was represented at the hearing by professional counsel. At the hearing, Appellant entered an answer
of "deny" to the charges and specifications. | Appeal No. 2496 | Suspension and Revocation Appeals Authority | 4/8/1990 | 4/8/1990 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2492 - RATH | This appeal has been taken in accordance with 46 U.S.C. 7702 and
46 CFR 5.701.
By his order dated 22 January 1988, an Administrative Law Judge
of the United States Coast Guard at Alameda, California, suspended
Appellant's Merchant Mariner's Document and License for six months,
remitted on twelve months probation, upon finding proved the charges
of misconduct and negligence. The misconduct charge was supported by
three specifications which were found proved. A fourth specification
was dismissed by the Administrative Law Judge. The negligence charge
was supported by one specification which was found proved.
Specification one to the charge of misconduct alleges that
Appellant, as Master aboard the M/V PRESIDENT EISENHOWER, while
serving under the authority of the above-captioned license and
document, on or about 0600, 25 October 1986, wrongfully violated 33
U.S.C. 20009(e) by failing to take steps to safely pass another vessel
(barge #417) in a narrow channel.
Specification two alleges that at the same time and date
aforementioned, Appellant wrongfully violated 33 U.S.C. 2006 by
failing to proceed at a safe speed causing a collision with barge
#417. | Appeal No. 2492 | Suspension and Revocation Appeals Authority | 12/8/1989 | 12/8/1989 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2473 - MARTUCCI | This appeal has been taken in accordance with 46 U.S.C. 7702 and
46 CFR 5.701.
By his order dated 23 December 1987, an Administrative Law Judge
of the United States Coast Guard at Houston, Texas, revoked
Appellant's Document upon finding proved the charge of misconduct.
The specification thereunder found proved alleged that Appellant,
while serving under the authority of the captioned document, on board
the USNS CAPELLA, did wrongfully have in his possession certain
narcotics, to wit: hashish. The charge was brought by the Government
under the provisions of 46 U.S.C. 7704.
The hearing was held at Port Arthur, Texas on 19 October 1987.
On 18 October 1987, Appellant had requested a change of venue to
Hawaii, where he was residing, however, that request was denied,
hearing on 19 October 1987 was held without the presence of the
Appellant and under the in absentia provisions of 46 C.F.R. 5.515.
In accordance with 46 C.F.R. 5.527 the Administrative Law Judge
entered an answer of deny on behalf of the Appellant to the charge and
specification. | Appeal No. 2473 | Suspension and Revocation Appeals Authority | 11/7/1988 | 11/7/1988 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2458 - GERMAN | This appeal has been taken in accordance with 46 U.S.C. 7702 and
46 CFR 5.701.
By order dated 12 March 1987, an Administrative Law Judge of the
United States Coast Guard at Charleston, South Carolina, revoked
Appellant's merchant mariner's document upon finding proved the charge
of misconduct. The charge was supported by two specifications, both
of which were found proved. The first specification alleged that at
or about 1515 on December 6, 1986, while serving aborad the USNS
SIRIUS, moored at the Naval Station, Norfolk, Virginia, the Appellant,
acting under the authority of the captioned document, wrongfully had
in his possession a dangerous drug, namely marijuana. The second
specification alleges that Appellant, at the same time and date and
while serving in the same capacity, wrongfully had in his possession
an alcoholic beverage, namely beer, in violation of a ship's standing
order.
The hearing was held at Charleston, South Carolina on 12 March
1987.
At the hearing Appellant represented himself and answered admit to the first specification and no contest to the second specification.
The Investigating Officer introduced in evidence six exhibits and
no witnesses were called to testify. | Appeal No. 2458 | Suspension and Revocation Appeals Authority | 10/14/1987 | 10/14/1987 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2459 - LORMAND | This appeal has been taken in accordance with 46 U.S.C. 7702 and
46 CFR 5.701.
By order dated 13 November 1985, an Administrative Law Judge of
the United States Coast Guard at New Orleans, Louisiana, revoked
Appellant's license and Merchant Mariner's Document upon finding
proved the charge of conviction for narcotic drug law violation. The
specification found proved alleges that, being the holder of the
captioned license and document, on or about 27 June 1983, Appellant
was convicted by the 16th Judicial District Court of St. Martin's
Parish, Louisiana for attempted possession of marijuana, barbiturates,
and cocaine with intent to distribute, in violation of the Revised
Statutes of Louisiana.
The hearing was held at New Orleans, Louisiana, on 5 and 13
November 1985.
Appellant appeared at the hearing without counsel and admitted
that he had been convicted as set forth in the specification in issue. | Appeal No. 2459 | Suspension and Revocation Appeals Authority | 10/19/1987 | 10/19/1987 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2466 - SMITH | This appeal has been taken in accordance with 46 U.S.C. 7702 and
46 CFR 5.701.
By order dated 3 November 1987, an Administrative Law Judge of
the United States Coast Guard at St. Louis, Missouri, suspended
Appellant's license for two months' probation upon finding proved the
charge of negligence and misconduct. The single specification
supporting the negligence charge found proved alleges that on or about
13 August 1987, Appellant, while serving as operator aboard the M/V M.
T. SCHEU, under the authority of the captioned license, at
approximately Mile 198.1, Arkansas River, negligently allowed an
unlicensed individual to operate an uninspected towing vessel and
assume direct control of the operation of that vessel. The single
specification supporting the misconduct charge found proved alleges
that on or about 13 August 1987, Appellant did , while serving as
operator aboard the M/V M.T. SCHEU, under the authority of the
captioned license, at approximately Mile 198.1, Arkansas River,
wrongfully permit said vessel to be operated in violation of the
manning requirements of 46 U.S.C. 8904. | Appeal No. 2466 | Suspension and Revocation Appeals Authority | 6/28/1988 | 6/28/1988 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2468 - LEWIN | This appeal has been taken in accordance with 46 U.S.C. 7702 and
46 CFR 5.701.
By order dated 30 June 1987, an Administrative Law Judge of the
United States Coast Guard at Seattle, Washington, suspended outright
Appellant's Merchant Mariner's License with endorsements for a period
of two months upon finding proved a Charge of Misconduct, supported by
four specifications and a Charge of Negligence, supported by one
specification.
The first specification found proved under the Charge of
Misconduct alleged that Appellant, while acting under the authority of
the captioned license as pilot aboard the T/V CHEVRON COLORADO, on or
about 14 August 1986, while said vessel was underway on the Columbia
River, wrongfully failed to comply with 33 U.S.C. 2006, Inland
Navigation Rule 6, by failing to travel at a moderated speed in fog
and restricted visibility, contributing to the collision with the
barge T/B FOSS 121.
The second specification found proved under the Charge of
Misconduct alleged that Appellant, while acting under the authority of
the captioned license a pilot aboard the T/V CHEVRON COLORADO, on or
about 14 August 1986, while said vessel was underway on the Columbia
River, wrongfully failed to comply with 33 U.S.C. 2007, Inland
Navigation Rule 7, by failing to properly determine the risk of
collision between the T/V CHEVRON COLORADO and the barge T/B FOSS
121, contributing to the collision of these vessels. | Appeal No. 2468 | Suspension and Revocation Appeals Authority | 7/12/1988 | 7/12/1988 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2475 - BOURDO | This appeal has been taken in accordance with 46 U.S.C. 7702 and
46 CFR 5.701.
By order dated 4 November 1987, an Administrative Law Judge of
the United States Coast Guard at Norfolk, Virginia, suspended
Appellant's Merchant Mariner's Licenses for a period of seventeen
months. The licenses were suspended outright for the first five
months of this suspension period. Appellant would serve the following
twelve months of the suspension on probation provided that no charge
under 46 U.S.C. 7703 or 7704, or any other navigation or vessel
inspection law, was proved of outright suspension or acts committed
within twelve months form the date of termination of the foregoing
outright suspension. This order was issued upon finding proved the
charges of misconduct and violation of regulation. Each charge was
supported by thirty-one specifications. A charge of negligence
supported by nine specifications was withdrawn by the Investigating
Officer prior to Appellant's answer being entered. | Appeal No. 2475 | Suspension and Revocation Appeals Authority | 11/7/1988 | 11/7/1988 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2491 - BETHEL | This appeal has been taken in accordance with 46 U.S.C. 7702 and
46 CFR 5.701.
By order dated 6 May 1988, an Administrative Law Judge of the
United States Coast Guard at Norfolk, Virginia, suspended outright
Appellant's Merchant Mariner's License for three months, upon finding
proved the charge of misconduct. In addition, Appellant's license was
further suspended for six months, remitted on six months probation.
The charge was supported by one specification, which was found
proved.
The specification alleged that Appellant, while serving as the
docking master on board the motor vessel SEA LION, under the authority
of the captioned document, did at or about 0100 on 26 April 1987, did
attempt to undock the vessel while under the influence of intoxicants.
The hearing was held at Philadelphia, Pennsylvania, on 27 January
1988. Appellant appeared at the hearing and was represented by lawyer
counsel. Appellant entered, in accordance with 46 CFR 5.527(a), answers of denial to the charge and specification.
The Investigating Officer introduced eight exhibits into evidence
and called two witnesses.
Appellant introduced three exhibits into evidence and called five
witnesses. Additionally, Appellant testified at the hearing in his
own behalf. | Appeal No. 2491 | Suspension and Revocation Appeals Authority | 12/15/1989 | 12/15/1989 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2481 - CROWLEY | This appeal has been taken in accordance with 46 U.S.C. 7702 and
46 CFR 5.701.
By order dated 8 December 1987, an Administrative Law Judge of
the United States Coast Guard at New York, New York, suspended
outright Appellant's Merchant Mariner's Document for five months.
This order was issued upon finding proved a charge of violation of
law, supported by one specification. The charge and specification
found proved that Appellant did serve as deckhand on board the tug
MORIA MORAN, under the authority of the captioned document, on or
about 12 February 1987 to on or about 18 February 1987, after
surrounding the captioned document on 18 January 1987 to the U.S.
Coast Guard in compliance with the Decision and Order issued by the
Administrative Law Judge at New York on 14 January 1987 and prior to
the document's return in violation of 46 U.S.C. 8701(b).
The hearing was held at New York, New York, on 1 May 1987.
Appellant appeared at the hearing and was represented by non-lawyer
counsel. Appellant entered, in accordance with 46 CFR 5.527(a), an
answer of no contest to the charge and specification.
The Investigating Officer introduced one exhibit into evidence
and called no witnesses.
Appellant introduced no exhibits into evidence and called no
witnesses. Appellant did not testify under oath, however, he did make
unsworn, mitigating statements in his own behalf. | Appeal No. 2481 | Suspension and Revocation Appeals Authority | 2/7/1989 | 2/7/1989 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2457 - YOUNG | This appeal has been taken in accordance with 46 U.S.C. 7702 and
46 CFR Part 5, Subpart J.
By order of 23 June 1986, and Administrative Law Judge of the
United States Coast Guard at New York, New York, suspended Appellant's
license and merchant mariner's document for four months, remitted on
twelve months probation, upon finding proved the charge of negligence.
The first specification found proved alleges that Appellant, under the
authority of the captioned license, while serving as operator aboard
the M/V MARJORIE B. MCALLISTER, on or about 15 November 1985, failed
safely to navigate the M/V MARJORIE B. MCALLISTER, its tow, the T/B
CIBRO SAVANNAH, and the assist tug M/V WALTON, within the Chelsea
River, Boston Harbor, Massachusetts, contributing to the allision of
the T/B CIBRO SAVANNAH with the fending system of the Chelsea Street
Bridge resulting in damage to the fending system. The second
specification found proved alleges that Appellant, while serving as
stated above, failed safely to navigate the M/V MAJORIE B. MCALLISTER,
contributing to the allision of the T/B CIBRO SAVANNAH with the moored
tug LEIGH ANN REINAUER.
Three other specifications alleging negligence were found not
proved. They alleged that Appellant failed safely to navigate the
flotilla described, contributing to the allision with and damage to
Chelsea River Lighted Buoy No. 2 by the tank barge and the assist tug,
that Appellant failed safely to navigate the assist tug, and that
Appellant failed safely to navigate the flotilla, contributing to the | Appeal No. 2457 | Suspension and Revocation Appeals Authority | 8/5/1987 | 8/5/1987 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2460 - REED | This appeal has been taken in accordance with 46 U.S.C. 7702 and
46 CFR Part 5, Subpart J.
By order of 24 November 1986, an Administrative Law Judge of the
United States Coast Guard at Alameda, California, revoked Appellant's
merchant mariner's document upon finding him incompetent to serve on
board merchant vessels of the United States.
the incompetence charge is supported by three specifications
which allege that Appellant, while serving under the authority of his
Merchant Mariner's document as an Able-bodied Seaman aboard the SS
PRESIDENT FILLMORE, while the ship was at sea, did:
(1) At or about 1300 hours, 8 June 1986, fail to obey an order, to
wit: After specifically being told not to use water about any
electrical equipment, he washed down the anchor windlass hydraulic
unit and associated electrical equipment with salt water;
(2) Between the hours of 0000 and 0400 on 19 March 1986, improperly
disrupt engine room operations, to wit: he was observed to be talking | Appeal No. 2460 | Suspension and Revocation Appeals Authority | 11/5/1987 | 11/5/1987 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2455 - WARDELL | This appeal has been taken in accordance with 46 U.S.C. 7702 and
46 CFR Part e, Subpart J.
By order of 5 March 1986, an Administrative Law Judge of the
United States Coast guard at Seattle, Washington, suspended
Appellant's license outright for three months upon finding proved the
charge of negligence. The specification found proved alleges that
Appellant did, under the authority of the captioned license, while
serving as pilot aboard the SS GREAT LAND, at or about 1:05 to 1:23
a.m. on 17 March 1985, during the vessel's approach on Cook Inlet and
Knik Arm to Terminal 3. Port of Anchorage City Dock, wrongfully fail
to properly navigate the vessel thereby causing an allision of the
vessel with Terminal 3. Port of Anchorage City Dock.
The hearing was held at Anchorage, Alaska, on 4,5,6, and 7
November 1985. Appellant was present at the hearing, and was
represented by professional counsel. He denied the charge and
specification.
The Investigating Officer introduced in evidence the testimony of
eight witnesses, and also introduced thirty-four exhibits. | Appeal No. 2455 | Suspension and Revocation Appeals Authority | 7/20/1987 | 7/20/1987 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2415 - MARSHBURN | This appeal has been taken in accordance with 46 U.S.C. 7702 and
former 46 CFR 5.30-1 (currently 46 CFR Part 5, Subpart J.).
By order dated 13 February l984, an Administrative Law Judge of
the United States Coast Guard at Norfolk, Virginia, suspended
Appellant's license for three months on six months' probation upon
finding proved the charge of negligence. The specification found
proved alleges that while serving as Operator aboard the Tug CHAUNCY
[sic], under the authority of the captioned document, on 26 August
1983, while the vessel was navigating the Alligator River - Pungo
River Canal, NC, Appellant maneuvered his flotilla - the towing vessel
and two nonpropelled barges - resulting in an collision between the
lead barge and the Fairfield Swing Bridge.
The hearing was held at Wilmington, North Carolina, on 15
September 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
and the testimony of three witnesses. | Appeal No. 2415 | Suspension and Revocation Appeals Authority | 11/27/1985 | 11/27/1985 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2552 - FERRIS | This appeal has been taken in accordance with 46 U.S.C. 7702
and 46 C.F.R. 5.701.
BACKGROUND
By order dated January 29, 1992, an Administrative Law Judge
of the United States Coast Guard at Portland, Maine, revoked
Appellant's seaman's documentsupon finding proved the charge of
"USE OF A DANGEROUS DRUG." The supporting specification found
proved alleges that Appellant, "being the holder of the above
captioned license and merchant mariner's document, were, on or
about 20 February 1991, in the City of Boston, Massachusetts,
tested and found to be a user of a dangerous drug, to wit:
Tetrahydrocannabinols (THC)."
The hearing was held at Portland, Maine on October 11, 1991.
Appellant was represented at the hearing byprofessional counsel.
At the hearing, Appellant entered ananswer of "deny" to the specification and charge of use of a dangerous drug. The
Investigating Officer introduced in evidence ten exhibits, and
the testimony of three witnesses. In defense, Appellant offered
in evidence five exhibits.
Appellant was fully advised by the Administrative Law Judge
that if the charge was found proved, an order of revocation would
be required unless Appellant provided satisfactory evidence of
cure. After the hearing, the Administrative Law Judge rendered a
written decision and order in which he concluded that the charge
and specification had been found proved and that Appellant did
not provide satisfactory evidence of cure. His order, dated
January 29, 1992, revoked the above captioned documents issued to
Appellant by the Coast Guard. | Appeal No. 2552 | Suspension and Revocation Appeals Authority | 9/9/1993 | 9/9/1993 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2527 - GEORGE | 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 November 1990, an Administrative Law
Judge of the United States Coast Guard at Jacksonville, Florida
revoked Appellant's Merchant Mariner's License and Document for use
of a dangerous drug. Appellant was charged with the use of
dangerous drugs supported by a single specification alleging that
Appellant, while the holder of the above-captioned document, did
wrongfully use cocaine as evidenced in a urine specimen collected
on 14 August 1989 which subsequently tested as positive for the
presence of cocaine metabolite. The hearing was held on 11, 12 and
26 April 1990 at Miami, Florida. Appellant appeared at the
hearings and was represented by professional counsel with the
exception that Appellant was absent from part of the hearing on 11
April 1989. At his request, the hearing continued in
absentia with Appellant represented by his counsel.
The Investigating Officer presented 17 exhibits, including the
deposition of one witness, which were admitted into evidence and
introduced the testimony of three witnesses. Appellant presented
17 exhibits which were admitted into evidence, introduced the
testimony of two witnesses, and testified in his own behalf.
Appellant entered the answer of deny to the charge and
specification.
The Administrative Law Judge's written Order was issued on 14
November 1990. Appellant filed his notice of appeal on 7 December
1990 within the time period prescribed in 46 C.F.R. 5.703.
Following receipt of the transcript of the proceedings on 31
December 1990, Appellant timely filed a supporting brief on 19
February 1991, having received an extension of the filing deadline.
Accordingly, this matter is properly before the Commandant for | Appeal No. 2527 | Suspension and Revocation Appeals Authority | 5/11/1991 | 5/11/1991 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2542 - DEFORGE | This appeal has been taken in accordance with 46 U.S.C. 7702
and 46 C.F.R. 5.701.
By an order dated 15 November 1991, an Administrative Law
Judge of the United States Coast Guard at Miami, Florida, revoked
Appellant's License upon finding proved charges of misconduct,
negligence, and use of a dangerous drug. The charge of
misconduct was supported by seven specifications; the charge of
negligence was supported by a single specification. The single
specification supporting the charge of drug use alleged that, on
or about 21 April 1991, Appellant used marijuana, as evidenced in
a urine specimen collected on or about that date, which
subsequently tested positive for the presence of marijuana
metabolites.
The hearing was held at Naples, Florida on 27 and 28 August
1991. Appellant appeared at the hearing with professional
counsel by whom he was represented throughout the proceedings. Appellant responded to all charges and specifications by
denial as provided in 46 C.F.R. 5.527. The Investigating
Officer introduced 35 exhibits into evidence and 17 witnesses
testified at her request. Appellant testified on his own behalf,
called two other witnesses, and participated fully in the crossexamination
of the Government's witnesses. | Appeal No. 2542 | Suspension and Revocation Appeals Authority | 6/9/1992 | 6/9/1992 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2543 - SHORT | This appeal has been taken in accordance with 46 U.S.C. 7702
and 46 C.F.R. 5.701.
By an order dated 17 December 1991, an Administrative Law
Judge of the United States Coast Guard at Houston, Texas,
suspended Appellant's seaman's document upon finding proved a
charge of negligence. The charge was supported by a single
specification, alleging that, on or about 22 July 1991, Appellant
was negligent in performing his duties as tankerman by failing to
close the cargo pump bleed valve of the tank barge STCO 217,
resulting in a spill of approximately five gallons of #2 diesel
oil into the Houston Ship Channel.
The hearing was held at Houston, Texas on 20 November 1991.
Appellant appeared at the hearing with professional counsel by
whom he was represented throughout the proceedings.Appellant responded to the charge and specification by not
contesting, as provided in 46 C.F.R. 5.527. The Investigating
Officer introduced 5 exhibits into evidence. Appellant testified
on his own behalf, called one other witness, and introduced two
documents.
The Administrative Law Judge's final order suspending
Appellant's seaman's document for one month on 6 months'
probation was entered on 17 December 1991, and appears to have
been served on Appellant's counsel on 6 February 1992. Appellant
filed a notice of appeal on 30 December 1991, and filed his
completed brief on 7 April 1992. Prima facie, therefore, the
appeal was not perfected within the filing requirements of 46
C.F.R. 5.703. However, the record does not show
acknowledgement from Appellant's counsel of the date he received
the transcript. Granting Appellant the benefit of the doubt,
this matter is properly before the Commandant for review. | Appeal No. 2543 | Suspension and Revocation Appeals Authority | 6/10/1992 | 6/10/1992 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2518 - HENNARD | This Appeal has been taken in accordance with 46 U.S.C. 7702
and 46 C.F.R. 5.701.
By an order dated 17 October 1989, an Administrative Law Judge
of the United States Coast Guard at Houston, Texas, revoked
Appellant's Merchant Mariner's Document, having found proved the
charges of misconduct and use of dangerous drugs. The charge
relating to dangerous drug use was supported by a single
specification alleging that Appellant, under the authority of the
above-captioned merchant mariner's document, was on 1 June 1989
found to be a user of dangerous drugs, to wit: marijuana, as a
result of a drug screen test conducted by the Institute of Forensic
Sciences Toxicology Laboratory in Oakland, California. The charge
of misconduct was supported by a single specification which alleged
that Appellant, while serving aboard the M/V GREEN WAVE, under the
authority of the above-captioned document, did, on or about 11 May
1989, wrongfully have marijuana in his possession. The hearing was
held at Houston, Texas on 3 August 1989. Appellant was represented
by professional counsel and entered a response of admit to the two
charges and accompanying specifications.
The Investigating Office introduced in evidence nine exhibits.
As a result of Appellant's formal admissions, the Investigating
Officer did not call any of the three witnesses he would otherwise
have called. A summary of the proposed testimony of the witnesses
was entered into the record. For the purpose of showing
rehabilitation, Appellant introduced in evidence one exhibit, the
testimony of one witness, and his own testimony. | Appeal No. 2518 | Suspension and Revocation Appeals Authority | 2/6/1991 | 2/6/1991 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2528 - LUCAS | This appeal has been taken in accordance with 46 U.S.C. 7702
and 46 C.F.R. 5.701.
By an order dated 5 October 1990, an Administrative Law Judge
of the United States Coast Guard at Houston, Texas, suspended
Appellant's License outright for three months with an additional
suspension of six months remitted on six months probation upon
finding proved the charge of violation of law. The charge was
supported by two specifications of violating Rules 15 and 16 of the
Inland Navigation Rules (33 U.S.C. 2015, 2016)(hereafter
"Rules").
The specifications found proved allege that Appellant, while
the operator of the M/V LORIDIA DUFRENE and tow under the authority
of the above-captioned license, did, on or about 29 May 1990,
violate Rule 15 and 16, causing a collision with the M/V CAPTAIN
HENRY INMAN and tow. | Appeal No. 2528 | Suspension and Revocation Appeals Authority | 7/30/1991 | 7/30/1991 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2529 - WILLIAMS | This appeal has been taken in accordance with 46 U.S.C. 7702
and 46 C.F.R. 5.701.
By an order dated 7 November 1990, an Administrative Law Judge
of the United States Coast Guard at Seattle, Washington revoked
Appellant's License and Merchant Mariner's Document upon finding
proved the charge of use of dangerous drugs. The single
specification supporting the charge alleged that, on or about 8
February 1990, Appellant had marijuana metabolites present in his
body in the City of Seattle at, or in the vicinity of, Ballard
Hospital, as was revealed through a drug screening test.
The hearing was held at Seattle, Washington, on 10 August
1990. Appellant was represented by professional counsel.
Appellant entered a response of denying the charge and
specification as provided in 46 C.F.R. 5.527. The Investigating
Officer introduced three exhibits into evidence and two witnesses
testified at his request. One exhibit was introduced by the
Administrative Law Judge. Appellant introduced three exhibits into
evidence and four witnesses testified on his behalf. Appellant
also testified on his own behalf. The Administrative Law Judge's
final order revoking all licenses and documents issued to Appellant | Appeal No. 2529 | Suspension and Revocation Appeals Authority | 9/9/1991 | 9/9/1991 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2477 - TOMBARI | This appeal has been taken in accordance with 46 U.S.C. 7702
and 46 C.F.R. 5.701.
By his order dated 14 December 1987, an Administrative Law
Judge of the United States Coast Guard at New York, New York,
suspended Appellant's License for twelve months plus on additional
twelve months remitted on twelve months probation upon finding
proved the charge of negligence. The specification thereunder
found proved alleged that Appellant, while serving in the capacity
of Chief Engineer under the authority of the captioned license, on
board the R/V ENDEAVOR, did fail to insure that certain safety
precautions were taken regarding the shifting of the electrical
load from ship's power to shore power, resulting in the death of an
Assistant Engineering Officer on or about 11 August, 1986. The
hearing was held at Providence, Rhode Island on 9, 10 and 11
December 1986, and on 30 September 1987. To clarify any confusion
regarding this case, it must be noted that the Administrative Law
Judge who initially presided over the hearings in December, 1986,
died on 14 August 1987. Before his death, he had completed his
findings and conclusion of law, but had not rendered a final
Decision and Order. The case was reassigned to another
Administrative Law Judge on 1 September 1987, who subsequently
completed the hearing on 30 September 1987, and issued the final Decision and Order on 4 November 1987. | Appeal No. 2477 | Suspension and Revocation Appeals Authority | 12/28/1988 | 12/28/1988 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2560 - CLIFTON | This appeal has been taken in accordance with 46 U.S.C. 7702
and 46 C.F.R. 5.701.
By order dated April 21, 1993, an Administrative Law Judge of
the United States Coast Guard at Seattle, Washington, revoked
Appellant's Merchant Mariner's Document upon finding proved the
charge of "USE OF A DANGEROUS DRUG." The supporting
specification found proved alleges that Appellant, "being the
holder of the above captioned document, did, on or about
11 September 1992, at Anacortes, Washington, wrongfully have
Cocaine metabolite present in your body as revealed through a
drug screening test."
The hearing was held at Seattle, Washington, on March 2,
1993, and April 13, 1993. Appellant was represented at the
hearing by professional counsel. At the hearing, Appellant
entered an answer of "denied" to the specification and charge of
use of a dangerous drug. The Investigating Officer introduced
in evidence six exhibits and the testimony of four witnesses. In
defense, Appellant offered in evidence two exhibits and the
testimony of three witnesses. Appellant was fully advised by the Administrative Law Judge that if the charge was found proved,
an order of revocation would be required unless Appellant
provided satisfactory evidence of cure. After the hearing, the
Administrative Law Judge rendered a written decision and order in
which he concluded that the charge and specification had been
found proved and that Appellant did not provide satisfactory
evidence of cure. His order, dated April 21, 1993, revoked the
above captioned documents issued to Appellant by the Coast Guard. | Appeal No. 2560 | Suspension and Revocation Appeals Authority | 1/27/1995 | 1/27/1995 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2558 - GANTT | This appeal has been taken in accordance with 46 U.S.C. 7702
and 46 C.F.R. 5.701.
By order dated November 2, 1992, an Administrative Law Judge
of the United States Coast Guard at Washington, D.C. suspended
Appellant's Coast Guard duly issued license for a period of
twelve months. Appellant's license was further suspended for an
additional six months remitted on twelve months probation. The
order was rendered after finding misconduct and violation
of regulation charges proved. The seven specifications
supporting the misconduct charge allege that, Appellant,
while serving as Master on board the M/V MISS ALICE, MD 2445J,
under the authority of the captioned license on or about August
7, 1992, did wrongfully, (1) operate the vessel with more than
six passengers, a violation of 46 U.S.C. 3311, (2) fail to
comply with the drug testing requirements of 46 C.F.R. 16.230,
(3) operate the vessel beyond the scope of his license, a violation of 46 U.S.C. 8902, (4) operate the vessel without
an acceptable backfire flame control, a violation of 46 C.F.R.
182.15-7(b), (5) operate the vessel without an approved
personal flotation device for each person aboard, a violation
of 46 C.F.R. 180.25-5(a), (6) operate the vessel without
railings of proper height, a violation of 46 C.F.R.
177.35-1(d), and (7) operate the vessel without a stability
letter issued by the Coast Guard, a violation of 46 C.F.R.
170.120. The single specification supporting the
violation of regulation charge alleges that, Appellant,
while serving as Master on board the M/V MISS ALICE, MD 2445J,
under the authority of the captioned license on or about
August 7, 1992, did wrongfully operate the vessel without a
pollution placard posted, a violation of 33 C.F.R. 155.450. | Appeal No. 2558 | Suspension and Revocation Appeals Authority | 5/17/1994 | 5/17/1994 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2402 - POPE | This appeal has been taken in accordance with 46 U.S.C. 7702
and 46 CFR 5. 30-1.
By order dated 27 February 1985, an Administrative Law Judge
of the United States Coast Guard at St. Louis, Missouri, suspended
Appellant's merchant mariner's license for a period of two months
plus an additional four months on eighteen month's probation upon
finding him guilty of negligence. The specification found proved
alleges that, while navigating the M/V CITY OF GREENVILLE under the
authority of his license on or about 2 April 1983, Appellant failed
to maintain proper control of his vessel and tow resulting in an
allision with the Poplar Street Bridge at mile 179.2 of the Upper
Mississippi River.
The hearing was held at Memphis, Tennessee from 6 to 9
December 1983.
At the hearing, appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification. | Appeal No. 2402 | Suspension and Revocation Appeals Authority | 8/2/1985 | 8/2/1985 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2387 - BARRIOS | This appeal has been taken in accordance with 46 U.S.C. 7702
and 46 CFR 5.30-1.
By order dated 10 February 1984, an Administrative Law Judge
of the United States Coast Guard at New Orleans, Louisiana,
suspended Appellant's license for one month plus an additional
three months remitted on twelve months probation upon finding
proved the charge of misconduct. The specification found proved
alleged that Appellant while serving as Operator on board the M/V
KATIE CHERAMIE under authority of the license above captioned, on
or about 20 December 1983, while underway in Lake Wimico, Jackson
River and Apalachicola River, Florida, did relinquish the actual
direction and control of said vessel to a person not licensed by
the Coast Guard as an operator or second-class operator of
uninspected towing vessels; a violation of 46 CFR 157.30-45.
The hearing was held at New Orleans, Louisiana, on 1 February
1984.
At the hearing, Appellant was represented by professional
counsel, and entered a plea of not guilty to the charge and
specification. | Appeal No. 2387 | Suspension and Revocation Appeals Authority | 4/23/1985 | 4/23/1985 | | 12/7/2017 |
| Suspension and Revocation Appeals Authority | 2429 - ROBERTS | This appeal has been taken in accordance with 46 U.S.C. 7702
and 46 CFR 5.30-1.
By order dated 10 June 1985, an Administrative Law Judge of
the United States Coast Guard at New York, New York, admonished
Appellant upon finding proved the charge of misconduct. The
specification found proved alleges that while serving as pilot
aboard the Greek flag M/V VERGO, under the authority of the
captioned documents, on 4 September 1984, Appellant piloted the
vessel on the Delaware River from Fairless Steel Works, Trenton,
New Jersey, to Philadelphia, Pennsylvania, an are beyond the scope
of his license. Aa second charge, alleging negligence, was found
not proved and was dismissed.
The hearing was held at Philadelphia, Pennsylvania, on 28
March, 18 April, and 8 May 1985.
At the hearing Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification. | Appeal No. 2429 | Suspension and Revocation Appeals Authority | 8/5/1986 | 8/5/1986 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2381 - GURGIOLO | This appeal has been taken in accordance with 46 U.S.C. 7702
and 46 CFR 5.30-1.
By order dated 11 June 1984, 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 dangerous drug law violation. The specification
found proved alleges that Appellant, while holder of the captioned
license, was convicted on 2 September 1982 of conspiracy to possess
cocaine with intent to distribute, in violation of 21 U.S.C. 846,
in the United States District Court for the Southern District of
Florida.
The hearing was held in Miami, Florida on 17 May 1984.
At the hearing, Appellant was represented by two non-attorney
representatives and entered a plea of guilty to the charge and
specification.
The Investigating Officer introduced into evidence four
documents. | Appeal No. 2381 | Suspension and Revocation Appeals Authority | 2/20/1985 | 2/20/1985 | | 12/7/2017 |
| Suspension and Revocation Appeals Authority | 2421 - RADER | This appeal has been taken in accordance with 46 U.S.C. 7702
and 46 CFR 5.30-1.
By order dated 12 April 1985, and Administrative Law Judge of
the United States Coast Guard at Seattle, Washington, suspended
Appellant's license for two months outright upon finding proved the
charge of negligence. The specification found proved alleges that
while serving as Operator aboard the TUG WESTERN COMET, under the
authority of the captioned document, on 26 April 1984, Appellant
failed to maintain a proper lookout, contributing to a collision
with a pleasure vessel on the Willamette River at approximately
river mile 3.5.
The hearing was held at Seattle, Washington, on 5 February
1985.
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 ten exhibits
and the testimony of two witnesses. | Appeal No. 2421 | Suspension and Revocation Appeals Authority | 3/25/1986 | 3/25/1986 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2430 - BARNHART | This appeal has been taken in accordance with 46 U.S.C. 7702
and 46 CFR 5.30-1.
By order dated 12 June 1985, an Administrative Law Judge of
the United States Coast Guard at Long Beach, California, revoked
Appellant's merchant mariner's document upon finding proved the
charge of misconduct. The specification supporting the charge
alleges that Appellant, while serving as pumpman on board the SS
LION OF CALIFORNIA, under authority of the captioned document, did
on or about 19 April 1985 at Berth 118, Los Angeles Harbor,
wrongfully have in his possession certain narcotics, to wit:
marijuana.
The hearing was held at Long Beach, California, on 10 and 24
May 1985.
Appellant appeared at the hearing without counsel and entered
a plea of not guilty to the charge and specification.
The Investigating Officer introduced in evidence three
exhibits and the testimony of one witness.
In defense, Appellant testified in his own behalf. | Appeal No. 2430 | Suspension and Revocation Appeals Authority | 8/4/1986 | 8/4/1986 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2390 - PURSER | This appeal has been taken in accordance with 46 U.S.C. 7702
and 46 CFR 5.30-1.
By order dated 17 August 1984, an Administrative Law Judge of
the United States Coast Guard at New Orleans, Louisiana, suspended
Appellant's license and document for three months on twelve months'
probation upon finding him guilty of negligence. The
specifications found proved allege that while navigating the M/V
SATOCO under authority of the license above captioned, on or about
18 March 1984, Appellant negligently: (1) failed to navigate said
vessel at a safe speed adapted to the prevailing circumstances and
conditions of fog and restricted visibility, when from radio
transmissions, he was aware of the approach of another vessel; and
(2) failed to maintain a proper lookout on the M/V SATOCO; both of
which contributed to the collision of the M/V INTREPID and the T/B
CHROMALLOY I being pushed by the M/V SATOCO.
The hearing was held at Mobile, Alabama, on 13 April, 3 May,
and 8 June 3 1984.
At the hearing Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and | Appeal No. 2390 | Suspension and Revocation Appeals Authority | 5/6/1985 | 5/6/1985 | | 12/7/2017 |
| Suspension and Revocation Appeals Authority | 2425 - BUTTNER | This appeal has been taken in accordance with 46 U.S.C. 7702
and 46 CFR 5.30-1.
By order dated 17 December 1984, an Administrative Law Judge
of the United States Coast Guard at Almadea, California, suspended
Appellant's license for three months remitted on nine months'
probation upon finding proved the charged of negligence. The
specification found proved alleges that while serving as Pilot
aboard the S.S. CORNUCOPIA, under the authority of the captioned
document, on 1 June 1984, Appellant navigated the vessel in a
negligent manner, resulting in an allision with and the dragging
off-station of the San Francisco Bay, Blossom Rock Buoy (LLNR 592).
The hearing was held at Alameda, California, on 5 and 18
September 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 two witnesses. | Appeal No. 2425 | Suspension and Revocation Appeals Authority | 6/5/1986 | 6/5/1986 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2403 - BERGER | This appeal has been taken in accordance with 46 U.S.C. 7702
and 46 CFR 5.30-1.
By order dated 23 April 1984, an Administrative Law Judge of
the United States Coast Guard at Philadelphia, Pennsylvania,
suspended Appellant's merchant mariner's document for one month
upon finding him guilty of misconduct. The specifications found
proved allege that while serving as Ordinary Seaman aboard the SS
TYSON LYKES, on or about 22 March 1984, while said vessel was
departing the port of Honolulu, Hawaii, Appellant deserted said
vessel and on the same date Appellant wrongfully created a
disturbance on said vessel's bridge thereby interfering with the
safe navigation and undocking of the vessel while in restricted
waters.
The hearing was held at Philadelphia, Pennsylvania, on 19
April 1984.
At the hearing, Appellant elected to represent himself and
entered a plea of not guilty to the charge and specifications.
The Investigating Officer introduced in evidence nine
exhibits.
In defense, Appellant testified in his own behalf. | Appeal No. 2403 | Suspension and Revocation Appeals Authority | 8/7/1985 | 8/7/1985 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2428 - NEAT | This appeal has been taken in accordance with 46 U.S.C. 7702
and 46 CFR 5.30-1.
By order dated 23 July 1958, an Administrative Law Judge of
the United States Coast Guard at Jacksonville, Florida, revoked
Appellant's license upon finding proved the charge of "narcotics
conviction." The specification found proved alleges that, being
the holder of the captioned document, on or about 12 June 1987,
Appellant was convicted by the Twenty-fourth Judicial District
Court, Parish of Jefferson, State of Louisiana, a court of record,
for knowingly and intentionally possessing with intent to
distribute a controlled dangerous substance, to wit: marijuana. A
second charge, alleging misconduct, was found not proved.
The hearing was held at Miami, Florida, on 23 July 1985.
Appellant appeared at the hearing without counsel and entered
a plea of not guilty to the charge and specification.
The Investigating Officer introduced in evidence two exhibits. | Appeal No. 2428 | Suspension and Revocation Appeals Authority | 8/7/1986 | 8/7/1986 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2378 - CALICCHIO | This appeal has been taken in accordance with 46 U.S.C. 7702
and 46 CFR 5.30-1.
By order dated 25 October 1983, an Administrative Law Judge of
the United States Coast Guard at New York, New York, suspended
Appellant's license for a period of six months remitted on twelve
months' probation, upon finding him guilty of negligence. The
specification found proved alleges that Appellant while serving as
Master aboard the M/V POLING BROS. NO. 7:
...while transiting out bound the CNJ Railroad Bridge in
Newark Bay, NJ, did on or about 0930, 21 July 1983
negligently fail to navigate your vessel with due caution
resulting in a collision between your vessel, the M/V
POLING BROS. No. 7 and the Great Lakes Drill Barge No.
7 which was anchored in the East Draw of Newark Bay, NJ
engaged in demolition operations.
The hearing was held in New York, New York, on 13, 16 and 26
September 1983. | Appeal No. 2378 | Suspension and Revocation Appeals Authority | 2/8/1985 | 2/8/1985 | | 12/7/2017 |
| Suspension and Revocation Appeals Authority | 2441 - HESTER | This appeal has been taken in accordance with 46 U.S.C. 7702
and 46 CFR 5.30-1.
By order dated 26 September 1985, an Administrative Law Judge
of the United States Coast Guard at New Orleans, Louisiana, revoked
Appellant's license upon finding proved the charge of "conviction
of a narcotic drug law violation." The specification found proved
alleges that, being the holder of the captioned document, on or
about 15 December 1983, Appellant was convicted by the State of
Mississippi, Circuit Court of Jackson County, of possession of
marijuana.
The hearing was held at New Orleans, Louisiana, on 25
September 1985.
Appellant appeared at the hearing without counsel. The
Administrative Law Judge entered on Appellant's behalf an answer of
denial to the charge and specification.
The Investigating Officer introduced in evidence five
exhibits. | Appeal No. 2441 | Suspension and Revocation Appeals Authority | 12/10/1986 | 12/10/1986 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2448 - POWER | This appeal has been taken in accordance with 46 U.S.C. 7702
and 46 CFR 5.30-1.
By order dated 29 May 1985, an Administrative Law Judge of the
United States Coast Guard at New York, New York, suspended
Appellant's license for one month outright, plus and additional two
months remitted on nine months' probation upon finding proved the
charges of misconduct and negligence. The specification under the
misconduct charge alleges that while serving as Docking Pilot
aboard the M/V VERGO, under the authority of the captioned
documents, on or about 1 September 1984, Appellant piloted the
vessel in Newbold Channel, Delaware River, an area beyond the scope
of his license. The specification under the negligence charge
alleges that, while serving in the same capacity on the same date,
Appellant caused the vessel to ground in the Delaware River.
The hearing was held at Philadelphia, Pennsylvania, on 26
March and 16 April 1985.
At the hearing Appellant was represented by professional
counsel and entered a plea of not guilty to the charges and
specifications. | Appeal No. 2448 | Suspension and Revocation Appeals Authority | 6/8/1987 | 6/8/1987 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2375 - CLEMENT | This appeal has been taken in accordance with 46 U.S.C. 7702
and 46 CFR 5.30-1.
By order dated 4 October 1983 an Administrative Law Judge of
the United States Coast Guard at Houston, Texas suspended
Appellant's license and document for two months outright plus six
months on twelve months' probation upon finding him guilty of
misconduct, charged as a violation of statute. Appellant filed a
timely notice of appeal on 2 November 1983.
The specification found proved alleges that while serving as
operator on board the uninspected towed vessel M/V JOAN CENAC,
under authority of the above captioned license, on or about 10
April, 1983, Appellant wrongfully absented himself from the
wheelhouse for a period of approximately four (4) hours leaving the
responsibility for navigation of the vessel and tow to an
unlicensed mate, in violation of 46 U.S.C. 405(b)(2).
The hearing was held in Port Aurthur, Texas on 10 May 1983.
At the hearing, Appellant was represented by professional
counsel.He entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced into evidence six
exhibits and one witness. In defense, Appellant introduced into
evidence one document and his own testimony. | Appeal No. 2375 | Suspension and Revocation Appeals Authority | 1/11/1985 | 1/11/1985 | | 12/7/2017 |
| Suspension and Revocation Appeals Authority | 2386 - LOUVIERE | This appeal has been taken in accordance with 46 U.S.C. 7702
and 46 CFR 5.30-1.
By order dated 9 December 1983, an Administrative Law Judge of
the United States Coast Guard at Houston, Texas, suspended
Appellant's license for one month upon finding him guilty of
negligence. The specification found proved alleges that while
serving as Operator aboard the M/V EDGAR BROWN, JR. under the
authority of the captioned license Appellant did, on or about 28
October 1983, negligently navigate said vessel at approximately
mile 188 of the Gulf Intracoastal Waterway by failing to keep clear
of a vessel he as overtaking thereby contributing to a collision
between his tow and the tank barge AS 2008.
The hearing was held at Port Arthur, Texas, on 17 November
1983.
At the hearing Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification. | Appeal No. 2386 | Suspension and Revocation Appeals Authority | 4/9/1985 | 4/9/1985 | | 12/7/2017 |
| Suspension and Revocation Appeals Authority | 2451 - PAULSEN | This appeal has been taken in accordance with 46 U.S.C. 7702
and 46 CFR 5.701.
By order dated 21 January 1985, an Administrative Law Judge of
the United States Coast Guard at Alameda, California revoked
Appellant's document upon finding proved the charges of Misconduct
and Use of Narcotics. The misconduct charge was supported by two
specifications. The first alleged that Appellant, while serving as
Fireman/Watertender aboard SS Constitutional, under authority of
the captioned document, did on or about 22 February 1984 while the
vessel was at sea enroute to Nawiliwili, Kauai, wrongfully use
narcotics, to wit: Cocaine. The second misconduct specification
alleged that while serving as in the same capacity at the same time
and place Appellant wrongfully distributed cocaine to a member of
the crew. The specification under the charge of Use of Narcotics
alleged that Appellant, while serving as Fireman/Watertender aboard
SS Constitution, being the holder of captioned document, was on or
about 22 Feb 1984 while the vessel was en route to Nawiliwili,
Kauai, a user of narcotics and did use certain narcotics, to wit:
cocaine.
The hearing was held at Honolulu, Hawaii, on 10, 22, 23, and
24 March 1984. The hearing in this case was consolidated with four
other cases arising from incidents aboard the Constitution. | Appeal No. 2451 | Suspension and Revocation Appeals Authority | 6/11/1987 | 6/11/1987 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2435 - BABER | This appeal has been taken in accordance with 46 U.S.C. 7702
and 46 CFR 5.701.
By order dated 22 January 1985, an Administrative Law Judge of
the United States Coast Guard at Miami, Florida, revoked
Appellant's license upon finding proved the charge of conviction
for a narcotic drug law violation. The specification found proved
alleges that, being the holder of the captioned document, on or
about 12 August 1983, Appellant was convicted by the Circuit Court
of Broward County, Florida for possession of cocaine, in violation
of F.S. 893.03(2)(a)(4) and F.S. 893.13(1)(e).
The hearing was held at Miami, Florida, on 22 January 1985.
Appellant appeared at the hearing without counsel and entered
a plea of guilty to the charge and specification.
The Investigating Officer introduced in evidence five
exhibits.
Appellant introduced in evidence one exhibit and his own
testimony. | Appeal No. 2435 | Suspension and Revocation Appeals Authority | 10/14/1986 | 10/14/1986 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2433 - BARNABY | This appeal has been taken in accordance with 46 U.S.C. 7702
and 46 CFR 5.701.
By order dated 3 February 1986, an Administrative Law Judge of
the United States Coast Guard at St. Louis, Missouri, revoked
Appellant's license upon finding proved the charges of "conviction
of a narcotic drug law violation" and "misconduct." The first
specification found proved alleges that, being the holder of the
captioned document, on or about 22 December 1978, Appellant was
convicted in the Circuit Court of Cook County, Illinois for
possession of cannabis, a dangerous drug with intent to distribute
a controlled dangerous substance, to wit: marijuana. The second
specification found proved alleges that Appellant, while making
application to the U.S. Coast Guard Regional Examination Center,
Toledo, Ohio for renewal of his license, misrepresented the
particulars of his prior record by failing to reveal a prior
conviction for possession of cannabis. | Appeal No. 2433 | Suspension and Revocation Appeals Authority | 9/22/1986 | 9/22/1986 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2452 - MORGANDE | This appeal has been taken in accordance with 46 U.S.C. 7702
and 46 CFR 5.701.
By order dated 4 November 1986, as Administrative Law Judge of
the United States Coast Guard at Alameda, California suspended
Appellant's document for a period of 18 months, plus an additional
twelve months suspension on 24 months' probation upon finding
proved the charge of misconduct. The charge found proved was
supported by six specifications.
The first specification alleged that Appellant, while serving
as Able Bodied Seaman aboard S/S Mason LYKES, under authority of
the captioned document, did, on or about 1650, 6 June 1983 while
the vessel was in Apra Harbor, Guam, wrongfully disobey a lawful
command of the Third Mate, in that he refused to go to the bow as
directed. The second specification alleged that Appellant, while
serving in the same capacity on or about 1230, 9 July 1983, while
the vessel was at the Port of Oakland, California, wrongfully
assaulted and battered the Chief Mate, by poking Appellant's finger
into the Chief Mate's chest. The third specification alleged that
Appellant, while serving in the same capacity, on or about 1230 9
July 1983, while the vessel was at the Port of Oakland, California,
wrongfully assaulted and battered the Master by grabbing his arm.
The fourth specification alleged that Appellant, while serving in
the same capacity, on or about 9 July 1983, while the vessel was at
the Port of Oakland, California, wrongfully interfered with the
Master, in his official duty to protect a member of the crew, by refusing to obey the Master's order to leave the ship. The fifth
specification alleged that Appellant, while serving as Able Bodied
Seaman aboard S/S SANTA JUANA, under authority of the captioned
documents, on or about 1030, 17 August 1985 while the vessel was at
sea, wrongfully assaulted and battered a member of the crew by
striking him. | Appeal No. 2452 | Suspension and Revocation Appeals Authority | 6/24/1987 | 6/24/1987 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2434 - CORVELEYN | This appeal has been taken in accordance with 46 U.S.C. 7702
and 46 CFR 5.701.
By order dated 7 March 1986, an Administrative Law Judge of
the United States Coast Guard at Alameda, California, suspended
Appellant's license for six months remitted on twelve months'
probation upon finding proved the charge of Violation of
Regulation. The specification found proved alleges that while
serving as Master aboard the S.S. AMERICAN SPITFIRE, under the
authority of the captioned document, on or about 17 December 1985,
Appellant sailed from Midway Island in the Pacific Ocean with
incompatible cargo stowage in hold no. 2. The specification
further alleges that certain Class X-A explosives were incompatibly
stowed with certain Class VII explosives, in that the two were
separated by a structure made of wood boards that did not meet the
minimum requirements for a partition bulkhead, in violation of 46
CFR 146.29-51(a) and (b), the chart accompanying 46 CFR 146.29-99
and 46 CFR 146.29-100, and the definition of a partition bulkhead
at 46 CFR 146.29-11(c)(36). A second specification also alleging
a violation of regulation was found not proved and was dismissed by
the Administrative Law Judge. | Appeal No. 2434 | Suspension and Revocation Appeals Authority | 10/1/1986 | 10/1/1986 | | 11/30/2017 |