| Suspension and Revocation Appeals Authority | 2373 - OLDOW | This appeal has been taken in accordance with 46 U.S.C.
239(g), and 46 CFR 5930-1.
By order dated 25 April 1983, an Administrative Law Judge of
the United States Coast Guard at Seattle, Washington 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 on board the M/V SHAMAN
under authority of the license above captioned, on or about 22 July
1982, Appellant failed to properly navigate the vessel in the
confined waters adjacent to Knights Island, Prince William Sound,
Alaska, thereby contributing to the grounding of the vessel.
The hearing, was held at Anchorage, Alaska on 4 and 5 January,
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 seven
exhibits and the testimony of one witness. | Appeal No. 2373 | Suspension and Revocation Appeals Authority | 10/16/1984 | 10/16/1984 | | 12/7/2017 |
| Suspension and Revocation Appeals Authority | 2555 - LAVALLAIS | This appeal has been taken in accordance with 46 U.S.C.
7702 and 46 C.F.R. 5.701.
BACKGROUND
By order dated September 8, 1992, an Administrative Law Judge
of the United States Coast Guard at New Orleans, Louisiana,
revoked Appellant's merchant mariner's document upon finding a
use of dangerous drugs charge proved. The supporting
specification, which was also found proved, alleged that
Appellant was a user of cannabinoids, based upon laboratory tests
of his urine conducted at Compuchem Laboratories, Inc.
(Compuchem).
Appellant represented himself at a hearing held at Mobile,
Alabama on August 23, 1992. His wife, Helen Lavallais, appeared
with him. At the hearing, Appellant entered ananswer of "guilty
with an explanation" to the charge and specification. The
Administrative Law Judge, after listening to the Appellant's
explanation, which in essence was a denial of knowingly ingesting marijuana, directed the Investigating Officer to produce
evidence. The Investigating Officer introduced into evidence
four exhibits, and the testimony of three witnesses. In defense,
Appellant offered two exhibits.
The Administrative Law Judge advised Appellant 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, and concluded that the charge and
specification had been found proved. The order, dated
September 8, 1992, revoked the above captioned documents issued
to Appellant by the Coast Guard.
Appellant submitted timely notice of appeal in accordance
with 46 C.F.R. 5.703(a) and then timely completed his appeal on
November 8, 1992. Therefore, this appeal is properly before the
Commandant for review. | Appeal No. 2555 | Suspension and Revocation Appeals Authority | 2/14/1994 | 2/14/1994 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2541 - RAYMOND | This appeal has been taken in accordance with 46 U.S.C.
7702 and 46 C.F.R. 5.701.
By an order dated 13 August 1991, an Administrative Law
Judge of the United States Coast Guard 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 18 June 1990,
Appellant wrongfully used marijuana as evidenced in a urine
specimen collected on that date, which subsequently tested
positive for the presence of marijuana metabolite.
The hearing was held at Seattle, Washington on 29 and 30
November 1990. Appellant appeared at the hearing and was
represented by professional counsel. Appellant entered a
response of deny to the charge and specification as provided in
46 C.F.R. 5.527. The Investigating Officer introduced four
exhibits into evidence and two witnesses testified at his
request. Appellant introduced 16 exhibits into evidence and testified in his own behalf. Appellant also called six witnesses
who testified in his defense. | Appeal No. 2541 | Suspension and Revocation Appeals Authority | 6/9/1992 | 6/9/1992 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2547 - PICCIOLO | 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 January 1992, an Administrative Law
Judge of the United States Coast Guard at Long Beach, California,
revoked Appellant's document upon finding proved a charge of
incompetence. The single specification supporting the charge
alleged that Appellant, while serving as Able Seaman aboard SS
SEA-LAND HAWAII, O.N. 547288, under authority of his document,
was found not fit for duty due to uncontrolled diabetes, and
continued to suffer from the effects of diabetes.
The hearing was held at Long Beach, California, on 13
November and 12 December 1991. Appellant appeared personally and
was advised of his rights. He elected to represent himself,
which he did for the remainder of the hearing.
Appellant responded to the charge and specification by denial as provided in 46 C.F.R. 5.527. The Investigating Officer
introduced five exhibits into evidence and two witnesses
testified at his request. Appellant introduced a total of four
exhibits and the testimony of three witnesses. | Appeal No. 2547 | Suspension and Revocation Appeals Authority | 8/19/1992 | 8/19/1992 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2538 -SMALLWOOD | This appeal has been taken in accordance with 46 U.S.C.
7702 and 46 C.F.R. 5.701.
By an order dated 19 June 1991, an Administrative Law Judge
of the United States Coast Guard at New York, New York revoked
Appellant's Merchant Mariner's Document upon finding proved the
charge of the use of a dangerous drug. The single specification
supporting the charge alleged that, on or about 2 July 1990, in
the city of Brooklyn, New York, Appellant was tested and found to
be a user of a dangerous drug, namely, marijuana. Appellant's
use of the drug was discovered through a pre-employment
urinalysis which revealed the presence of Tetrahydrocannabinol
(THC), a marijuana metabolite.
The hearing was held at New York, New York, on 19 February
1991 and 4 March 1991. Appellant was represented by professional counsel. Appellant entered a response of deny to the charge and
specification as provided in 46 C.F.R. 5.527. The Investigating
Officer introduced eight exhibits into evidence and three
witnesses testified at his request. Appellant introduced three
exhibits into evidence and one witness testified on his behalf.
Appellant also testified under oath on his own behalf. | Appeal No. 2538 | Suspension and Revocation Appeals Authority | 5/12/1992 | 5/12/1992 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2544 - GENER | This appeal has been taken in accordance with 46 U.S.C.
7702 and 46 C.F.R. 5.701.
By an order dated 2 December 1991, an Administrative Law
Judge of the United States Coast Guard at New York, New York,
revoked Appellant's Merchant Mariner's Document upon finding
proved the charge of use of dangerous drugs. The single
specification supporting the charge alleged that, on or about 14
March 1991, Appellant wrongfully used cocaine as evidenced in a
urine specimen collected on that date which subsequently tested
positive for the presence of cocaine.
The hearing commenced at New York, New York on 17 July 1991.
At that time, Appellant appeared, without professional counsel
and requested and received a continuance until 1 August 1991.
The hearing was resumed and completed on 1 August 1991, with
Appellant appearing, represented by professional counsel.
Appellant entered a response denying the charge and
specification as provided in 46 C.F.R. 5.527. The Investigating
Officer introduced four exhibits into evidence and two witnesses testified at his request (one of these by telephonic testimony).
Appellant introduced one exhibit into evidence. One witness
testified on behalf of Appellant. In addition, Appellant
testified on his own behalf. | Appeal No. 2544 | Suspension and Revocation Appeals Authority | 6/11/1992 | 6/11/1992 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2535 - SWEENEY | This appeal has been taken in accordance with 46 U.S.C.
7702 and 46 C.F.R. 5.701.
By an order dated 21 June 1991, an Administrative Law Judge
of the United States Coast Guard at Alameda, California suspended
Appellant's License and Merchant Mariner's Document outright for
six months with six additional months suspension remitted on
twelve months probation, upon finding proved the charge of use of
dangerous drugs. The single specification supporting the charge
alleged that, on or about 27 December 1990, Appellant wrongfully
used marijuana as evidenced by a urine specimen collected on that
date pursuant to a drug test program required by his employer,
San Francisco Bar Pilot Association.
The hearing was held at Alameda, California on 31 January
1991 and on 12 and 13 March 1991. Appellant was represented by
professional counsel. Appellant entered a response denying the
charge and specification as provided in 46 C.F.R. 5.527. The
Investigating Officer introduced nine exhibits into evidence and
introduced the testimony of three witnesses, two of whom
testified telephonically pursuant to 46 C.F.R. 5.535(f).
Appellant introduced eight exhibits into evidence and introduced the testimony of two witnesses. In addition, Appellant testified
under oath in his own behalf.
The Administrative Law Judge's final order suspending all
licenses and documents issued to Appellant was entered on 21 June
1991. Service of the Decision and Order was made on 28 June
1991. Subsequently, Appellant filed a notice of appeal on 2 July
1991, perfecting his appeal by filing an appellate brief on 1
August 1991. Accordingly, this appeal is properly before the
Vice Commandant for review. | Appeal No. 2535 | Suspension and Revocation Appeals Authority | 2/18/1992 | 2/18/1992 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2546 - SWEENEY | This appeal has been taken in accordance with 46 U.S.C.
7702 and 46 C.F.R. 5.701.
By an order dated 21 June 1991, an Administrative Law Judge
of the United States Coast Guard at Alameda, California suspended
Appellant's License and Merchant Mariner's Document outright for
six months with six additional months suspension remitted on
twelve months probation, upon finding proved the charge of use of
dangerous drugs. The single specification supporting the charge
alleged that, on or about 27 December 1990, Appellant wrongfully
used marijuana as evidenced in a drug test administered and the
urine specimen collected on that date.
The hearing was held at Alameda, California on 31 January
1991 and on 12 and 13 March 1991. Appellant was represented by
professional counsel. Appellant entered a response denying the
charge and specification as provided in 46 C.F.R. 5.527. The
Investigating Officer introduced nine exhibits into evidence and introduced the testimony of three witnesses, two of whom
testified telephonically pursuant to 46 C.F.R. 5.535(f).
Appellant introduced 8 exhibits into evidence and introduced the
testimony of two witnesses. In addition, Appellant testified
under oath in his own behalf. | Appeal No. 2546 | Suspension and Revocation Appeals Authority | 6/30/1992 | 6/30/1992 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2545 - JARDIN | This appeal has been taken in accordance with 46 U.S.C.
7702 and 46 C.F.R. 5.701.
By an order dated 27 February 1992, an Administrative Law
Judge of the United States Coast Guard at New York, New York,
revoked Appellant's document upon finding proved a charge of use
of a dangerous drug. The single specification supporting the
charge alleged that Appellant used dangerous drugs as evidenced
in a urine specimen collected on or about 21 June 1991, which
subsequently tested positive for the presence of dangerous drugs.
The hearing was held at Providence, Rhode Island on 31
October 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 denial
as provided in 46 C.F.R. 5.527. The Investigating Officer introduced seven exhibits into evidence and two witnesses
testified at his request. Appellant did not testify on his own
behalf, nor did he call any witnesses. He introduced one
exhibit into evidence and actively cross-examined the
Government's witnesses. | Appeal No. 2545 | Suspension and Revocation Appeals Authority | 6/11/1992 | 6/11/1992 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2531 - SERRETTE | 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 April 1991, an Administrative Law Judge
of the United States Coast Guard at Houston, Texas suspended
Appellant's Merchant Mariner's Document outright for two months
with an additional suspension of three months remitted on nine
months probation upon finding proved the charge of misconduct.
The single specification supporting the charge alleged that, on
or about 12 August 1990, Appellant, while serving under the
authority of his document as tankerman, did wrongfully fail to
follow vessel oil transfer procedures and did wrongfully violate 33 C.F.R. 156.120(t)(3), to wit: violating instructions for
topping-off cargotanks on the barge SFI-33.
The hearing was held at Houston, Texas on 16 January 1991.
The Investigating Officer introduced nine exhibits into evidence
and introduced the testimony of three witnesses. Appellant was
represented by professional counsel and introduced four exhibits
and the testimony of one witness. Appellant entered a response
of "deny" to the charge and specification as provided in 46
C.F.R. 5.527.
The Administrative Law Judge's written order suspending
Appellant's Merchant Mariner's Document was entered on 8 April
1991. The decision and order were served on Appellant on 10
April 1991. Appellant filed a notice of appeal on 3 May 1991.
Upon request, a transcript of the proceeding was served on
Appellant, however, there is no definitive record of when the
transcript was served on Appellant. Appellant submitted a brief
on 7 June 1991. Accordingly, this matter is properly before the
Vice Commandant for review. | Appeal No. 2531 | Suspension and Revocation Appeals Authority | 11/27/1991 | 11/27/1991 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2537 - CHATHAM | This appeal has been taken in accordance with 46 U.S.C.
7702 and 46 C.F.R. 5.701.
By an order dated 9 October 1991, 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 charge of use of dangerous drugs. The single
specification supporting the charge alleged that, on or about 21
January 1991, Appellant wrongfully used marijuana as evidenced in
a urine specimen collected on that date which subsequently tested
positive for the presence of marijuana.
The hearing was held at New York, New York on 30 May 1991.
Appellant appeared at the hearing and chose to represent himself
pro se. The Administrative Law Judge clearly and
succinctly advised Appellant of the procedures, and applicable
rights, including the right to counsel or other representation.
Appellant knowingly, intelligently and voluntarily waived his
right to counsel and chose pro se representation. Appellant entered a response of deny to 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. Appellant testified on his own behalf
and fully participated in the cross examination of witnesses. | Appeal No. 2537 | Suspension and Revocation Appeals Authority | 5/12/1992 | 5/12/1992 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2563 - EMERY | This appeal has been taken in accordance with 46 U.S.C.
7702 and 46 C.F.R. 5.701.
By an order dated May 12, 1993, an Administrative Law Judge
of the United States Coast Guard at Detroit, Michigan suspended
Appellant's license and merchant mariner's document, upon finding
charges of "Misconduct" and "Violation of Law" proved. The
single specification of the charge of Misconduct alleged that on
August 4, 1992, Appellant reported to his place of employment, in
anticipation of operating a passenger vessel, while being
wrongfully intoxicated. The single specification supporting the
charge of Violation of Law alleged that on or about September 20,
1991, Appellant was convicted in Michigan State Court of driving
while intoxicated.
A hearing was held at Detroit, Michigan on April 1, 1993. Appellant entered an answer of "No Contest" to the charge of
Misconduct. As to the charge of Violation of Law, the Appellant
admitted the facts asserted and that they constitute a violation
of law under 205(a)(3)(A) of the National Drivers Register Act
of 1982 (23 U.S.C. 401 note), an offense described in 46 U.S.C.
7703(3) as a basis for suspension or revocation of a merchant
mariner's license or document. However, the Appellant contended
that 46 U.S.C. 7703(3) was unconstitutional and asked the court
to note his position for purposes of appeal. The Administrative
Law Judge stated he had no jurisdiction to rule on constitutional
issues, and noted the issue for appeal. The Investigating
Officer introduced seven exhibits into evidence. | Appeal No. 2563 | Suspension and Revocation Appeals Authority | 2/28/1995 | 2/28/1995 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2559 - NIELSEN | This appeal has been taken in accordance with 46 U.S.C.
7702 and 46 C.F.R. 5.701.
By an order dated May 21, 1992, an Administrative Law Judge
of the United States Coast Guard at Long Beach, California,
revoked Appellant's Merchant Mariner's Document upon finding a
use of a dangerous drug charge proved. The single
specification supporting the charge alleged that Appellant
wrongfully used cocaine as evidenced by the results of a random
screening test administered on or about January 19, 1992.
The hearing was held at Long Beach, California on March 24,
1992. Appellant waived his right to representation by
professional counsel and appeared on his own behalf. Appellant
entered an answer of "no contest" to the charge and specification
as provided in 46 C.F.R. 5.527. The Investigating Officer introduced two exhibits into evidence. The Appellant introduced
no evidence on defense. After the Administrative Law Judge
found the charge and supporting specification proved by the
Appellant's answer of "no contest," one additional Investigating
Officer exhibit and two exhibits from the Appellant were admitted
in aggravation and mitigation.
The Administrative Law Judge's written decision and order
revoking all licenses and documents issued to Appellant was
entered on April 13, 1992. Service of the decision and order was
made on April 23, 1992. Subsequently, on May 5, 1992 the
Appellant filed a petition to reopen the hearing. This petition
was denied on May 21, 1992. On May 19, 1992 Appellant filed a
notice of appeal. After receipt of the hearing transcript,
appellant perfected his appeal by timely filing an appellate
brief on September 3, 1992. | Appeal No. 2559 | Suspension and Revocation Appeals Authority | 1/25/1994 | 1/25/1994 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2557 - FRANCIS | This appeal has been taken in accordance with 46 U.S.C.
7702 and 46 C.F.R. 5.701.
By an order dated November 19, 1991, 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 a use of dangerous drugs charge proved. The single
specification supporting the charge alleged that, on or about
January 28, 1991, Appellant was tested and found to be a user of
a dangerous drug, to wit, tetrahydrocannabinol.
The hearing was held at New Orleans, Louisiana on November 6,
1991. Appellant waived his right to representation by
professional counsel and appeared on his own behalf, pro se. Appellant entered an answer of "no contest" to the charge and
specification. The Investigating Officer introduced six exhibits
into evidence, and the Appellant made unsworn statements on his
own behalf. Appellant also produced a document related to his
participation at a drug rehabilitation program. Portions of that
document were read and discussed on the record. | Appeal No. 2557 | Suspension and Revocation Appeals Authority | 5/6/1994 | 5/6/1994 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2572 - MORSE | This appeal has been taken in accordance with 46 U.S.C.
7702 and 46 C.F.R. 5.701.
By order dated 28 April 1993, an Administrative Law Judge (ALJ)
of the United States Coast Guard at Houston, Texas, suspended
Appellant's merchant mariner's license outright for three months,
with a further six months' suspension on 24 months' probation, upon finding proved a charge of negligence. The charge was
supported by three specifications. All three specifications
concerned Appellant's actions while serving under the authority
of his license as Master of the small passenger vessel MAALAEA
KAI II, O.N. 900366, on 18 December 1992, while the vessel was
underway off Molokini Crater near the island of Maui, Hawaii.
The three specifications alleged that Appellant failed to take
action to avoid a collision with the vessel IDLE
WILD; failed to sound a danger signal; and failed to keep a safe
distance from the moored dive boat ONELOA which then had divers
in the water. | Appeal No. 2572 | Suspension and Revocation Appeals Authority | 11/17/1995 | 11/17/1995 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2556 - LINTON | This appeal has been taken in accordance with 46 U.S.C.
7702 and 46 C.F.R. 5.701.
By order dated August 10, 1992, an Administrative Law Judge
of the United States Coast Guard at St. Louis, Missouri revoked
Appellant's merchant mariner's document upon finding a use of
dangerous drugs charge proved. The single specification
supporting the charge alleged that Appellant, while being the
holder of a merchant mariner's document, was tested on or about
December 14, 1989, and found to have marijuana cannabinoids
present in his body.
At the hearing held at Portland, Oregon on September 27,
1990, Appellant appeared with counsel. On counsel's advice,
Appellant denied the charge and its supporting specification.
During the hearing, the Coast Guard Investigating Officer
(hereinafter "Investigating Officer") introduced into evidence 10 exhibits, and the testimony of four witnesses. In defense,
Appellant offered into evidence five exhibits, and his own sworn
testimony.
After the hearing, the Administrative Law Judge rendered a
decision in which she concluded that the charge and specification
had been found proved. On August 10, 1992, the Administrative
Law Judge issued a written order revoking Appellant's Coast Guard
issued Merchant Mariner's Document No.(REDACTED).
Appellant timely filed an appeal on August 21, 1992, and,
after receiving an extension, timely completed his appeal on
June 18, 1993. Therefore, this appeal is properly before the
Commandant for review. | Appeal No. 2556 | Suspension and Revocation Appeals Authority | 3/29/1994 | 3/29/1994 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2576 - AILSWORTH | This appeal has been taken in accordance with 46 U.S.C.
7702 and 46 C.F.R. 5.701.
By order dated December 3, 1992, an Administrative Law
Judge of the United States Coast Guard at Norfolk, Virginia,
revoked Appellant's merchant mariner's license. The revocation
was based upon finding proved charges of violation of law, negligence, and misconduct. The two specifications supporting
the negligence charge alleged that on September 13, 1991,
Appellant, while acting as master of the towing vessel, M/V
JACQUELINE A, under the authority of the above captioned
license, negligently navigated the vessel resulting in an
allision with a privately owned dock and vessel in the Wicomico
River; and, on that same date, failed to maintain a proper
lookout. The specifications supporting the charge of misconduct
alleged that on September 13, 1991, Appellant wrongfully worked
on his vessel for more than 12 hours in a 24 hour period and
wrongfully failed to give his name,
address, and identification of his vessel to the owner of the
property damaged. The violation of law charge was supported by
a single specification alleging that on October 18, 1991,
Appellant, while acting as master of the towing vessel, M/V
JACQUELINE A, under the authority of the above captioned
license, wrongfully worked for more than 12 hours in a 24 hour
period. The hearing was held at Norfolk, Virginia, on February
11, 12, and 13, 1991. Appellant appeared personally with legal counsel at the hearing. Appellant denied all charges and
specifications. | Appeal No. 2576 | Suspension and Revocation Appeals Authority | 7/7/1996 | 7/7/1996 | | 11/28/2017 |
| Suspension and Revocation Appeals Authority | 2564 - MANUEL | This appeal has been taken in accordance with 46 U.S.C.
7702 and 46 C.F.R. 5.701.
By order dated February 19, 1993, an Administrative Law
Judge of the United States Coast Guard at Norfolk, Virginia
revoked Appellant's merchant mariner's document. The revocation
was based upon a finding of proved the charge of use of a
dangerous drug. The specification supporting the charge
alleged that on or about September 24, 1992, Appellant failed a
chemical test for dangerous drugs, to wit: marijuana.
The hearing was held at Norfolk, Virginia on January 27,
1993. Appellant did not appear at the hearing. The
Administrative Law Judge found Appellant had been adequately
notified of the date and place of the hearing and proceeded with
the hearing in absentia. The Administrative Law Judge
entered an answer of "deny" to the specification and the charge
alleging use of a dangerous drug.
After the hearing, the Administrative Law Judge rendered a Decision in which he concluded that the charge and specification
had been found proved. He served a written Order on Appellant
revoking merchant mariner's document No. 423-82-9398 and all
other licenses and authorizations issued to Appellant by the
Coast Guard. The Decision and Order was served on June 16, 1993. | Appeal No.2564 | Suspension and Revocation Appeals Authority | 3/24/1995 | 3/24/1995 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2573 - JONES | This appeal has been taken in accordance with 46 U.S.C.
7702 and 46 C.F.R. 5.701.
By order dated July 13, 1993, an Administrative Law Judge
of the United States Coast Guard at Morgan City, Louisiana,
revoked appellant's license and merchant mariner's document upon
finding a misconduct charge proved. The three specifications
supporting the charge alleged that Appellant, while serving as the operator of three different towing vessels, did, without
consent, on three occasions, i.e., on or about August 29, 1992,
July, 1990, and August, 1990, act in a perverse manner by
fondling the anal area or genitals of the deck hand on each of
the three vessels.
At the initial hearing on April 7, 1993, the Appellant
appeared without counsel. In response to the Administrative Law
Judge's inquiries, the Appellant indicated he wanted
representation by professional counsel. Appropriately, on his
own motion, the Administrative Law Judge continued the hearing
until April 28, 1993, to allow Appellant to obtain
representation. At the April 28, 1993, hearing, and thereafter,
the Appellant has been represented by counsel. On counsel's
advice, Appellant denied the charge and its supporting
specifications. During the hearing, the Coast Guard Investigating
Officer introduced into evidence six exhibits and the testimony
of three witnesses. In defense, the Appellant and his wife
testified. | Appeal No. 2573 | Suspension and Revocation Appeals Authority | 1/17/1996 | 1/17/1996 | | 11/28/2017 |
| Suspension and Revocation Appeals Authority | 2565 - COULON | This appeal has been taken in accordance with 46 U.S.C.
7702 and 46 C.F.R. 5.701.
By order dated July 6, 1993, an Administrative Law Judge of
the United States Coast Guard at New Orleans, Louisiana,
suspended Appellant's seaman's license for three months. The
suspension was based on a finding of proved the charge of
negligence. The specification supporting the charge alleges,
that while serving as captain aboard the M/V EARLY BIRD on
August 23, 1992, the appellant negligently failed to take prudent
action by wrongfully mooring to West Delta block 45G, a Conoco
oil and gas platform, and failing to adhere to the posted sign that read, quote, "Blow-down, do not tie up."
The hearing was held at New Orleans, Louisiana, on
13 January and 2 March 1993. Appellant was represented at the
hearing by professional counsel. At the hearing, Appellant
entered an answer of "deny" to the specification and the charge.
The Investigating Officer introduced four exhibits and the
testimony of two witnesses into evidence. In defense, the
Appellant offered seven exhibits in evidence, the testimony of
three witnesses, and his own testimony.
After the hearing, the Administrative Law Judge rendered a
decision in which he concluded that the charge and specification
had been found proved. He served a written order on Appellant
suspending license No. 601260 and all other licenses issued to
the Appellant by the Coast Guard for a period of three months.
The entire decision was served on July 6, 1993. Appeal was
timely filed.
APPEARANCE: Attorney David E. Cole of Marrero, Louisiana. | Appeal No. 2565 | Suspension and Revocation Appeals Authority | 4/11/1995 | 4/11/1995 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2569 - TAYLOR | This appeal has been taken in accordance with 46 U.S.C.
7702 and 46 C.F.R. 5.701.
By order dated June 16th, 1993, an Administrative Law Judge (ALJ)
of the United States Coast Guard at Houston, Texas, revoked
Appellant's merchant mariner's document (MMD) upon finding proved
a charge of misconduct. The charge was supported by a total of four specifications. The first three specifications alleged that
Appellant, while serving as able seaman aboard the M/V THUNDER,
under authority of his document, on or about November 6, 1992,
failed to return to the vessel by the time ordered; was
wrongfully absent from his duties without authority; and
wrongfully failed to perform his duties. The fourth
specification alleged that Appellant, while acting under the
authority of his MMD, submitted a fraudulent application for a
supplemental MMD on or about June 4, 1992 by answering "No" to
the question asking if he had been convicted for other than minor
traffic offenses, when in fact he had three "DWI" convictions and
12 other assorted convictions.
A hearing was held at Houston, Texas, on May 25, 1993.
Appellant was present at the hearing and represented himself
throughout the proceedings. | Appeal No. 2569 | Suspension and Revocation Appeals Authority | 7/25/1995 | 7/25/1995 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2574 - JONES | This appeal has been taken in accordance with 46 U.S.C.
7702 and 46 C.F.R. 5.701.
By order dated March 25, 1993, an Administrative Law Judge
of the United States Coast Guard at Seattle, Washington,
suspended appellant's license for two months, remitted upon nine
months probation, upon finding a negligence charge proved. The single specification supporting the charge alleged that
Appellant, while serving as the master of the charter boat MYRNA
BEA VII, did on July 22, 1992, navigate the vessel in such a
manner as to cause the vessel to ground on Roland Bar Rapid in
the Snake River.
At the hearing held at Lewiston, Idaho, on January 27,
1993, Appellant was represented by counsel. On counsel's
advice, Appellant denied the charge and its supporting
specification.
During the hearing, the Coast Guard Investigating Officer
introduced into evidence one exhibit and the testimony of two
witnesses.
In defense, Appellant offered into evidence four exhibits
and the testimony of two witnesses. | Appeal No. 2574 | Suspension and Revocation Appeals Authority | 1/22/1996 | 1/22/1996 | | 11/28/2017 |
| Suspension and Revocation Appeals Authority | 2554 - DEVONISH | This appeal has been taken in accordance with 46 U.S.C.
7702 and 46 C.F.R. 5.701.
By order dated November 6, 1991, an Administrative Law Judge
of the United States Coast Guard at New York, New York
revoked Appellant's merchant mariner's document upon finding a
use of dangerous drugs charge proved. The single
specification supporting the charge alleged that Appellant, while
being the holder of a merchant mariner's document, was tested on
or about December 28, 1990, and found to be a user of cocaine.
The hearing was held at New York, New York on May 20 and 31,
1991. At the hearing, Appellant, after being advised of the
right to have counsel represent him, chose to represent himself.
Appellant then denied the charge and its supporting
specification. During the hearing, the Investigating Officer introduced in
evidence seven exhibits, and the testimony of three witnesses.
In defense, Appellant offered in evidence sixteen exhibits, and
his own sworn testimony.
After the hearing, the Administrative Law Judge rendered a
decision in which he concluded that the charge and specification
had been found proved. On November 6, 1991, he issued a written
order revoking Appellant's Coast Guard issued Merchant Mariner's
Document No.(REDACTED).
Appellant timely filed an appeal on December 5, 1991 and, after
receiving an extension, timely completed his appeal on March 23,
1992. Therefore, this appeal is properly before the Commandant
for review. | Appeal No. 2554 | Suspension and Revocation Appeals Authority | 1/4/1994 | 1/4/1994 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2550 - RODRIQUES | This appeal has been taken in accordance with 46 U.S.C.
7702 and 46 C.F.R. 5.701.
By order dated September 25, 1991, an Administrative Law
Judge (Judge) of the United States Coast Guard at New York, New
York suspended Appellant's Coast Guard issued License and
Merchant Mariner's Document for a period of four months, remitted
on eight months probation, upon finding proved a charge of
negligence and one of three supporting specifications.
The proven specification alleges that, during an outbound
voyage on the evening of December 4, 1990, Appellant, while
serving as Pilot under the authority of the captioned documents,
negligently failed to maintain the M/V NANTUCKET, Official Number
556196, within the navigable limits of Lewis Bay Channel,
Nantucket Sound, Massachusetts.
A hearing on this matter was held at Providence, Rhode
Island on May 8, 1991. Appellant appeared with his Counsel,
William Hewig III, Esq. On the advice of Counsel, Appellant
denied the charge and its three supporting specifications. The Investigating Officer offered into evidence twelve exhibits and
introduced the testimony of five witnesses. Appellant offered
into evidence two exhibits and introduced the testimony of one
witness.
The Judge's written Decision and Order was issued
on September 25, 1991, and served on Appellant on September 30,
1991. Appellant filed a notice of appeal on October 3, 1991,
pursuant to 46 C.F.R. 5.703. Appellant filed the completed
appeal on November 22, 1991. Accordingly, this appeal is
properly before the Vice Commandant for review. | Appeal No. 2550 | Suspension and Revocation Appeals Authority | 6/28/1993 | 6/28/1993 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2571 - DYKES | This appeal has been taken in accordance with 46 U.S.C.
7702 and 46 C.F.R. 5.701.
By order dated September 7, 1993, an Administrative Law Judge of the United States Coast Guard at Mobile, Alabama, revoked Appellant's duly issued Coast Guard license and
merchant mariner's document upon finding a use of dangerous
drugs charge proved. The single specification supporting the
charge alleged that Appellant, while being the holder of the
above captioned documents, was found to be a user of dangerous
drugs, to wit: marijuana, as a result of chemical tests
conducted on a urine sample he provided on or about March 31,
1993.
The hearing was held at Mobile, Alabama, on August 27,
1993. At the hearing, Appellant, after being advised of the right to
have counsel represent him, chose to represent himself.
Appellant answered "no contest" to the charge and its supporting
specification. | Appeal No. 2571 | Suspension and Revocation Appeals Authority | 11/6/1995 | 11/6/1995 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2551 - LEVENE | This appeal has been taken in accordance with 46 U.S.C.
7702 and 46 C.F.R. 5.707.
BACKGROUND
By order dated September 25, 1992, an Administrative Law
Judge of the United States Coast Guard at New York, New York
revoked Appellant's seaman's documents upon finding proved the
charges of misconduct and violation of law. The misconduct
charge, supported by two specifications, alleged that Appellant,
while serving as Second Assistant Engineer aboard the S/S
RESOLUTE, Official Number D612715, on or about June 30, 1991,
while the vessel was at sea, wrongfully (1) assaulted and
battered the Third Assistant Engineer, William P. Jeuvelis, by
strangling him with a strand of wire, and (2) assaulted another
crewmember, Franklin Sesenton, by threatening him with a steel pipe. The violation of law charge, also supported by two
specifications, alleged that Appellant wrongfully (1) operated
the vessel while intoxicated, in violation of 33 C.F.R.
95.045(b), and (2) refused to be tested for evidence of dangerous
drugs and alcohol use, in violation of 33 C.F.R.
95.040.
The Administrative Law Judge issued his decision and order on
September 25, 1992. On October 22, 1992, Appellant filed a
notice of appeal. On November 25, 1992, Commandant (G-MMI)
extended the time for Appellant to file a completed appeal to
December 21, 1992. Appellant timely submitted his completed
appeal and, accordingly, this appeal is properly before the
Commandant for review. | Appeal No. 2551 | Suspension and Revocation Appeals Authority | 8/27/1993 | 8/27/1993 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2367 - SPENCER | This appeal has been taken in accordance with 46 U.S.C.
7702(b) and 46 CFR 5. 30-1.
By order dated 12 September 1983, an Administrative Law Judge
of the United States Coast Guard at St. Louis, Missouri, suspended
Appellant's mariner's license for two months, plus two months on
twelve months' probation, upon finding him guilty of negligence.
The specification found proved alleges that while serving as
Operator on board the United States M/V RUST FLOWERS, under
authority of the above captioned license, at or about 1955, 14
April 1983, Appellant did cause his tow to allide with the tank
barge CE-64, the crane barge number 2, the freight barge VL-361,
and the freight barge PB-142, while they were moored at the
National Marine Services repair facility, mile 196.6, upper
Mississippi River.
The hearing was held at St. Louis, Missouri, on 4 May 1983,
and 1 June 1983. At the hearing, Appellant was represented by
professional counsel and entered a plea of not guilty to the charge
and specification. | Appeal No. 2367 | Suspension and Revocation Appeals Authority | 7/17/1984 | 7/17/1984 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2409 - PLACZKIEWICZ | This appeal has been taken in accordance with 46 U.S.C.
7702(b) and 46 CFR 5.30.
By order dated 14 September 1984, an Administrative Law Judge
of the United States Coast Guard at Norfolk, Virginia, suspended
Appellant's license for ten months and eighteen days upon finding
proved the charge of negligence. The specification found proved
alleges that while serving as operator on board the uninspected
passenger vessel M/V DEEP SPIN, under authority of his license, on
or about 26 June 1984, Appellant failed to navigate the vessel with
due regard for existing conditions, while approaching a bend in the
Toussaint Channel, causing the vessel to ground.
The hearing was held at Toledo, Ohio, on 9 August and 12
September 1984.
At the hearing, Appellant was represented by professional
counsel. He entered a plea of not guilty to the charge and
specification. | Appeal No. 2409 | Suspension and Revocation Appeals Authority | 10/2/1985 | 10/2/1985 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2379 - DRUM | This appeal has been taken in accordance with 46 U.S.C.
7702(b) and 46 CFR 5.30-1.
By order dated 14 November 1983, Administrative Law Judge of
the united States Coast Guard at St. Louis, Missouri, suspended
Appellant's license for one month plus an additional two months
remitted on twelve months' probation upon finding him guilty of
negligence. The specification found proved alleges that while
serving as Operator aboard the M/V DAVID ESPER under the authority
of the above captioned license, Appellant did, on or about 9 May
1983, while pushing twelve loaded coal barges downbound on the Ohio
River, fail to navigate his vessel so as to avoid alliding with the
Big Four Railroad Bridge at approximately mile 603 on the Ohio
River.
The hearing was held at St. Louis, Missouri, on 12 July 1983.
At the hearing Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification. | Appeal No. 2379 | Suspension and Revocation Appeals Authority | 2/8/1985 | 2/8/1985 | | 12/7/2017 |
| Suspension and Revocation Appeals Authority | 2368 - MADJIWITA | This appeal has been taken in accordance with 46 U.S.C.
7702(b) and 46 CFR 5.30-1.
By order dated 16 March 1984, an Administrative Law Judge of
the United States Coast Guard at St. Louis, Missouri suspended
Appellant's license for two months, plus three months on twelve
months' probation, upon finding him guilty of negligence. The
specification found proved alleges that while serving as pilot on
board the Panamanian vessel, the M/V PASSAT, under the authority of
the license above captioned, on or about 17 August 1983, Appellant
negligently failed to insure that there was adequate clearance
between the vessel's #4 cargo hatch boom and the Tower Drive
Bridge, which spans the Fox River at Green Bay, Wisconsin, prior to
transiting beneath the bridge, causing the boom to strike the
bridge.
The hearing was held at Sturgeon Bay, Wisconsin on 25 August
1983.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification. | Appeal No. 2368 | Suspension and Revocation Appeals Authority | 8/14/1984 | 8/14/1984 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2408 - BROWN | This appeal has been taken in accordance with 46 U.S.C.
7702(b) and 46 CFR 5.30-1.
By order dated 22 April 1985, an Administrative Law Judge of
the United States Coast Guard at Jacksonville, Florida, revoked
Appellant's motorboat operator's license upon finding proved the
charge of conviction of a dangerous drug law violation. The
specification found proved alleged that while being the holder of
the above captioned license, on or about 21 December 1981,
Appellant was convicted in the Circuit Court of Monroe County,
Florida, a court of record, for possession of marijuana. The
Administrative Law Judge also found proved a second charge of
misconduct and its supporting specification which alleged that
Appellant, while serving under the authority of his license, on or
about 19 August 1982, wrongfully made a fraudulent statement in his
application for license renewal by answering "no" to the question:
"Have you been convicted by any court - including military court -
for other than a minor traffic violation?"
The hearing was held at Miami, Florida, on 15 March 1985 and
9 April 1985. | Appeal No. 2408 | Suspension and Revocation Appeals Authority | 10/2/1985 | 10/2/1985 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2412 - LOUVIERE | This appeal has been taken in accordance with 46 U.S.C.
7702(b) and 46 CFR 5.30-1.
By order dated 23 January 1984, an Administrative Law Judge of
the United States Coast Guard at Houston, Texas, suspended
Appellant's seaman's license and document for a period of two
months plus an additional three months on six months' probation
upon finding proved a charge of negligence and a charge of
misconduct. The specifications supporting these two charges allege
that Appellant, while serving as operator of the M/V EDGAR BROWN,
JR., under the authority of the captioned documents, on or about 24
November 1983, negligently navigated the vessel at approximately
Mile 285 of the Gulf Intracoastal Waterway, thereby contributing to
a collision between his vessel and the T/B AMOCO VIRGINIA; and
that, on the same date, he wrongfully failed to arrange a proper
meeting situation with the M/V AMOCO ATLANTA at approximately Mile
285 of the Gulf Intracoastal Waterway.
The hearing was held at Port Arthur, Texas, on 22 December
1983.
At the hearing Appellant was represented by professional
counsel and entered pleas of not guilty to both charges and
specifications. | Appeal No. 2412 | Suspension and Revocation Appeals Authority | 10/18/1985 | 10/18/1985 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2385 - CAIN | This appeal has been taken in accordance with 46 U.S.C.
7702(b) and 46 CFR 5.30-1.
By order dated 5 June 1984, an Administrative Law Judge of the
United States Coast Guard at Seattle, Washington, revoked
Appellant's seaman's document upon finding proved the charge of
conviction for a dangerous drug law violation. The specification
found proved alleged that while being the holder of the
above-captioned document, on or about 3 September 1975, Appellant
was convicted in the Superior Court of King County, Washington, a
court of record, for the possession of heroin.
The hearing was held at Seattle, Washington, on 5 June 1984.
At the hearing, Appellant elected to act as his own counsel,
with the assistance of non-professional counsel, and entered a plea
of guilty to the charge and specification.
The Investigating Officer introduced in evidence six exhibits. | Appeal No. 2385 | Suspension and Revocation Appeals Authority | 3/20/1985 | 3/20/1985 | | 12/7/2017 |
| Suspension and Revocation Appeals Authority | 2377 - HICKEY | This appeal has been taken in accordance with 46 U.S.C.
7702(b) and 46 CFR 5.30-1.
By order dated 9 May 1984, an Administrative Law Judge of the
United States Coast Guard at Portland, Maine revoked Appellant's
seaman's document and license upon finding him guilty of the charge
of "conviction for a dangerous drug law violation." The
specification found proved alleges that being the holder of the
documents above captioned, on or about 23 March 1984, Appellant was
convicted in the United States District Court for the District of
Maine for conspiring to import large quantities of marijuana into
the United States.
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 2 exhibits.
In defense, Appellant offered in evidence 6 exhibits and 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 entered an order
revoking the merchant mariner's license and document issued to
Appellant. | Appeal No. 2377 | Suspension and Revocation Appeals Authority | 2/7/1985 | 2/7/1985 | | 12/7/2017 |
| Suspension and Revocation Appeals Authority | 2540 - ALFOLDI | This appeal has been taken in accordance with 46 U.S.C.
7703 and 46 C.F.R. 5.701.
By an order dated 20 April 1983, an Administrative Law Judge
of the United States Coast Guard at Seattle, Washington, revoked
Appellant's Merchant Mariner's License upon finding proved the
charges and specifications of violating a federal regulation and
committing misconduct. The first charge and specification found
proved alleges that Appellant wrongfully and willfully acted as
master, in a capacity beyond the scope of his license, in violation of 46 C.F.R. 157.30-10(b), aboard the F/V LADY
PACIFIC, O. N. 636 981, while the vessel sailed from Kodiak,
Alaska to Seattle, Washington from 25 October 1982 through 31
October 1982. The second charge and specification found proved
alleges that Appellant committed misconduct in that he operated
the F/V LADY PACIFIC on the same trip with crew members not
possessing valid certificates of service or merchant mariner's
documents, thereby violating 46 C.F.R. 12.02-7(c)(1).
The hearing was held in absentia pursuant
to 46 C.F.R. 5.20-25 at Seattle, Washington on 30 March 1983.
The Investigating Officer introduced the testimony of one witness
and eleven exhibits into evidence.
At the conclusion of the hearing, the Administrative Law
Judge found that the charges and specifications had been proved
and entered an order revoking Appellant's license. | Appeal No. 2540 | Suspension and Revocation Appeals Authority | 5/11/1992 | 5/11/1992 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2536 - JACQUE | This appeal has been taken in accordance with 46 U.S.C.
7703 and 46 C.F.R. 5.701.
By an order dated 9 May 1991, an Administrative Law Judge of
the United States Coast Guard at Alameda, California, revoked
Appellant's Merchant Mariner's License and Document upon finding
proved the charge and specification of violating 46 U.S.C. 7704
by using a controlled substance, cocaine. The specification
found proved alleges that Appellant, while the holder of the
above-captioned license and document, did, on or about 12 July
1990 have cocaine metabolite present in his body as revealed through a drug screening test. Appellant submitted an answer of
deny to the charge and specification.
Appellant was fully advised by the Administrative Law Judge
that if the charge were found proved, an order of revocation
would be required unless Appellant provided satisfactory evidence
of cure. No evidence of cure was submitted by Appellant.
Accordingly, the Administrative Law Judge found the charge and
specification proved and entered an order of revocation.
On 6 June 1991, Appellant petitioned the Administrative Law
Judge to reopen the hearing to enable Appellant to submit
evidence of cure. The petition was subsequently denied by a
ruling of the Administrative Law Judge on 2 July 1991. On 16
July 1991, Appellant submitted a notice of appeal. On 13
September 1991, Appellant received the transcript of the
proceedings and on 24 October 1991, Appellant filed a supporting
appellate brief with the Commandant, thus perfecting his appeal.
Accordingly, this matter is properly before the Commandant for
review. | Appeal No. 2536 | Suspension and Revocation Appeals Authority | 2/18/1992 | 2/18/1992 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2539 - HARRISON | This appeal has been taken in accordance with 46 U.S.C.
Section 7702 and 46 C.F.R. Section 5.701.
By Order dated 21 December 1990, an Administrative Law
Judge of the United States Coast Guard at Baltimore, Maryland,
suspended Appellant's Merchant Mariner's License for a period
of seven months (outright) upon finding proved the charge of
negligence.
The specification supporting the charge alleged that, on
28 July 1990, Appellant, while serving as operator under the authority of License No. 622115, negligently left the helm of the
M/V BUDDY PLAN unattended, resulting in an allision with a fixed
aid to navigation, sinking said vessel and injuring passengers
and crew.
The hearing was held at Baltimore, Maryland on 12 December
1990. Appellant represented himself at the hearing. The
Investigating Officer offered into evidence five exhibits and
introduced the testimony of six witnesses. Appellant offered
into evidence one exhibit and introduced the testimony of one
witness. In addition, Appellant's Merchant Mariner's Personnel
Record was marked as Judge's Exhibit No. 1. | Appeal No. 2539 | Suspension and Revocation Appeals Authority | 5/11/1992 | 5/11/1992 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2471 - BARTLETT | This appeal has been taken in accordance with 46 U.S.C.
SS7702 and 46 CFR SS5.701.
By his order dated 16 June 1987, an Administrative Law Judge
of the United States Coast Guard at Los Angeles/Long Beach,
California, revoked Appellant's License and Document upon finding
proved the charge of misconduct. The three specifications
thereunder found proved allege that Appellant, while serving
under the authority ofthe captioned document and license, on bard
the SS PRESIDENT F.D. ROOSEVELT: (1) on 11 August 1986,
wrongfully had in his possession Valium (Diazepam); (2) on 11
August 1986, wrongfully attempted to enter the room of a
crewmember; and (3) on 18 August 1986, wrongfully falsified a
government document by giving false information regarding his
prior record when seeking to upgrade his license.
The hearing was held at Long Beach, California on 16
December 1986, 8 and 29 January 1987, and on 18 February 1987.
At the hearing, Appellant was represented by professional counsel
and entered an answer of deny to the charge and specifications. | Appeal No. 2471 | Suspension and Revocation Appeals Authority | 10/6/1988 | 10/6/1988 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2345 - CRAWFORD | This appeal has been taken in accordance with 46 U.S.C.239(g)
and 46 CFR 5.30-1.
By order dated 10 November 1982, and Administrative Law Judge
of the United States Coast Guard at New York, N.Y.suspended
Appellant's seaman's documents for 12 months, upon finding him
guilty of misconduct. The specification found proved alleges that
while serving as Third Assistant Engineer on board the S.S. SANTA
BARBARA under authority of the document and license above
captioned, on or about 29 August 1982, Appellant assaulted and
battered a fellow crewmember, James W. PARRISH, with a dangerous
weapon, a wheel wrench.
The hearing was held at New York, N.Y. on 27 October 1982.
At the hearing, Appellant neither appeared nor was he
represented by counsel. The Investigating Officer testified to
jurisdictional facts concerning service of charges on Appellant and
notice to Appellant of the date of the hearing. A plea of not
guilty to the charge and specification was entered on his behalf by
the Administrative Law Judge and the hearing proceeded in absentia. | Appeal No. 2345 | Suspension and Revocation Appeals Authority | 3/27/1984 | 3/27/1984 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2336 - SAMPSON | This appeal has been taken in accordance with 46 U.S.C.239(g)
and 46 CFR 5.30-1.
By order dated 13 April 1982, an Administrative Law Judge of
the United States Coast Guard at Tampa, Florida revoked Appellant's
seaman's license upon finding him guilty of incompetence. The
specification found proved alleges that Appellant while serving as
Operator on board the United States S/V LA GRINGA, O.N. 530918,
under authority of the license above captioned, did during the year
1981, operate said vessel from St. Petersburg Municipal Marina
Tampa Bay, Florida, while physically incompetent because of
inadequate vision.
The hearing was held at Tampa, Florida, on 12 February 1982
and on 13 April 1982. At the hearing, Appellant elected to act as
his own counsel and entered a plea of not guilty to the charge and
single specification thereunder
The Investigating Officer introduced in evidence seven
exhibits, one of which, Exhibit 1, was a stipulation of fact signed
by both the Investigating Officer and the Appellant. | Appeal No. 2336 | Suspension and Revocation Appeals Authority | 12/9/1983 | 12/9/1983 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2356 - FOSTER | This appeal has been taken in accordance with 46 U.S.C.239(g)
and 46 CFR 5.30-1.
By order dated 13 July 1981, an Administrative Law Judge of
the United States Coast Guard, at Long Beach, California, revoked
Appellant's seaman's license upon finding him guilty of misconduct.
The specifications found proved allege that while serving as
Operator aboard the M/V CHARGER, under the authority of the above
captioned license, on or about 24 and 25 April 1981 Appellant
wrongfully: operated the vessel while under the influence of
intoxicating beverages while carrying passengers; molested one or
more female passengers by using improper an suggestive language and
placing his hands on their private parts in a lewd and lascivious
manner against the female passengers' will; and used a narcotic
drug by smoking a marijuana cigarette.
The hearing was held at Honolulu, Hawaii on 14 May 1981. At
the hearing, Appellant was represented by professional counsel and
entered a plea of not guilty to the charge and to each
specification. | Appeal No. 2356 | Suspension and Revocation Appeals Authority | 6/5/1984 | 6/5/1984 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2432 - LEON | This appeal has been taken in accordance with 46 U.SC. 7702
and former 46 CFR 5.30-1 (currently 46 CFR Part 5, Subpart J).
By order dated 18 June 1985, an Administrative Law Judge of
the United States Coast Guard at Norfolk, Virginia, revoked
Appellant's merchant mariner's document upon finding proved a
charge of misconduct. The charge was supported by three
specifications which alleged that appellant, while serving as A.B.
on board the S.S. STONEWALL JACKSON, on or about 1 February 1985
wrongfully failed to perform his duty as lookout by being asleep on
watch; on or about 3 February 1985 wrongfully failed to perform his
duty as lookout by not timely relieving the watch; and on or about
19 February 1985 had in his possession marijuana.
The hearing was held at Norfolk, Virginia, on 19 March, 2
April, 24 April, 15 May, and 21 May 1985. At the hearing,
Appellant was represented by professional counsel and entered a
plea of not guilty to the charges and supporting specifications.
The Investigating Officer introduced in evidence five exhibits
and the testimony of one witness. In defense, Appellant testified
on his own behalf, and introduced in evidence one exhibit and the
testimony of one additional witness. | Appeal No. 2432 | Suspension and Revocation Appeals Authority | 9/4/1986 | 9/4/1986 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2191 - BOYKIN | This appeal has been taken in accordance with 46 United States
Code 239(g) and CFR 5.300-1.
By order dated 16 January 1978, an Administrative Law Judge of
the United States Coast Guard at Galveston, Texas, revoked
Appellant's seaman's documents upon finding him mentally
incompetent. The specifications alleged that Appellant, while
serving as ordinary seaman on board SS MARINE CHEMICAL TRANSPORTER
under authority of the document above captioned, did on or about 8
August 1979, wrongfully assault the Chief Mate by threatening him
with a tank top ratchet wrench.
The hearing was held at Galveston, Texas, on 13 October 1977
and 14 November 1977.
At the hearing, Appellant was represented by counsel and
entered a plea of not guilty to the charge and specification.
The Investigating Officer introduced in evidence voyage
records, the testimony of witnesses, given both in person and by
stipulation, and certain medical records.
In defense, Appellant offered in evidence both written and oral testimony of witnesses.
After the hearing, the Administrative Law Judge rendered a
written decision in which he concluded that the charge and
specification had not been proved. He concluded that the Appellant
was mentally incompetent at the time of the assault. He
additionally concluded that Appellant was not fit for duty because
he was required to remain on medication. He then served a written
order on Appellant revoking all documents issued to Appellant.
The entire decision was served on 17 January 1978. Appeal was
timely filed on 16 February 1978 and perfected on 18 July. | Appeal No. 2191 | Suspension and Revocation Appeals Authority | 3/24/1980 | 3/24/1980 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2195 - FORREST | This appeal has been taken in accordance with 46 United States
Code 239(g) and CFR 5.30-1.
By order dated 25 May 1978, an Administrative Law Judge of the
United States Coast Guard at Norfolk, Virginia, after a hearing at
Norfolk, Virginia, on 25 April 1978, suspended Appellant's Merchant
Mariner's Document for a period of two months on probation for 12
months upon finding him guilty of negligence. The specification of
negligence was found proved in part. The specification alleges
that Appellant, while serving as Tankerman aboard T/B ATC-133,
under authority of the captioned document, did, on or about 26
February 1978, wrongfully fail to secure the Tank Barge ATC-133
properly for 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 the
testimony of to witnesses, one document, and 13 photographs.
Appellant rested without introducing any evidence. | Appeal No. 2195 | Suspension and Revocation Appeals Authority | 3/26/1980 | 3/26/1980 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2117 - AGUILAR | This appeal has been taken in accordance with 46 United States
Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 9 March 1977, an Administrative Law Judge of
the United States Coast Guard at New York, New York, suspended
Appellant's seaman's documents for twelve months outright plus
twelve months on twelve months' probation upon finding him guilty
of misconduct. The specifications found proved allege that while
serving as AB seaman on board SS SANTA CLARA under authority of the
document above captioned, Appellant:
(1) at about 0315, 31 July 1976, at Cartagena, Colombia,
wrongful fail to turn to for assigned undocking duties;
(2) on 31 July 1976, at sea, wrongfully fail to
performdutieson the 0400-0800 watch;
(3) on 1 August 1976, at Cristobal, C.Z., wrongfully fail to
turn to for undocking duties and to perform on the 1600-2000
watch.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and each
specification.
The Investigating Officer introduced in evidence voyage
records of SANTA CLARA. | Appeal No. 2117 | Suspension and Revocation Appeals Authority | 4/11/1978 | 4/11/1978 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2608 - SHEPARD | This appeal has been taken in accordance with 46 USC § 7702 and 46 CFR § 5.701.
By Final Decision and Order dated December 8, 1997, the Chief Administrative Law Judge
("ALJ") of the United States Coast Guard at Tampa, Florida, revoked
Mr. Charles R. Shepherd’s ("Appellant") license and document based upon findings proved the
charges of use of a dangerous drug, misconduct, and violation of law. The use of a dangerous
drug charge was supported by one specification which was found proved. The misconduct charge
was supported by six specifications, which were found proved. One specification was found not
proved and five other specifications were dismissed with prejudice. The violation of law charge
was supported by two specifications, which the first specification was found proved. The second
specification was found not proved.
The hearing was held on May 22, 1997, and June 27, 1997, at the U.S. Coast Guard’s Marine
Safety Office, 155 Columbia Drive, Tampa, Florida. Appellant entered a response denying each
charge and specification.
During the course of the hearing the Coast Guard Investigating Officer (I. O.) introduced into
evidence the testimony of seven (7) witnesses and twenty-six (26) exhibits. In defense, Appellant
entered into evidence the testimony of four (4) witnesses and nineteen (19) exhibits. | Appeal No. 2608 | Suspension and Revocation Appeals Authority | 6/24/1999 | 6/24/1999 | | 11/28/2017 |
| Suspension and Revocation Appeals Authority | 2388 - MANLEY | This appeal has been taken in accordance with 46 USC 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 narcotic 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 on 5 June 1981.
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. 2388 | Suspension and Revocation Appeals Authority | 4/24/1985 | 4/24/1985 | | 12/7/2017 |
| Suspension and Revocation Appeals Authority | 2444 - RABATSKY | This appeal has been taken in accordance with 46 USC 7702 and 46
CFR 5.701.
By 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
alleges that on or about June 26, 1985, Appellant, while serving as
operator aboard the M/V JOHN M. SELVICK, under the authority of the
captioned document, operated the vessel and two 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 the hearing Appellant was represented by professional counsel
and denied the charge and specification.
The Investigating Officer introduced in evidence ten exhibits and
the testimony of one witness. | Appeal No. 2444 | Suspension and Revocation Appeals Authority | 2/10/1987 | 2/10/1987 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2436 - STAFFNEY | This appeal has been taken in accordance with 46 USC 7702 and
46 CFR 5.701.
By order dated 1 November 1985, an Administrative Law Judge of
the United States Coast Guard at Jacksonville, Florida, suspended
Appellant's license for one month, remitted on three months'
probation, upon finding proved the charge of misconduct. The first
specification found proved alleges that Appellant, under the
authority of the captioned license, between 22 and 27 January 1985,
wrongfully operated the vessel ZENOVIA carrying passengers for hire
while the vessel was documented exclusively for pleasure, in
violation of 46 CFR 67.45-19. The second specification found
proved alleges that Appellant, under the authority of the captioned
license, during the same time period, wrongfully operated the
ZENOVIA carrying passengers for hire while liquified petroleum gas
was used, in violation of 46 CFR 25.45-1(a), 46 CFR 147.03-11 and
46 CFR 147.05-100 Table S. | Appeal No. 2436 | Suspension and Revocation Appeals Authority | 10/14/1986 | 10/14/1986 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2446 - WATSON | This appeal has been taken in accordance with 46 USC 7702 and
46 CFR 5.701.
By order dated 11 July 1986, an Administrative Law Judge of
the United States Coast Guard at St. Louis, Missouri, suspended
Appellant's license for four months outright plus an additional
four months remitted on twelve months' probation upon finding
proved the charge of misconduct. The specification found proved
alleges that on or about September 1, 1985, Appellant, while
serving as operator aboard the M/V ETTA KELCE, under the authority
of the captioned document, failed to post a proper lookout, a
violation of Rule 5 of the Inland Rules of the Road, at
approximately Mile 44 on the Kanawha River, West Virginia.
The hearing was held at St. Louis, Missouri on 15 April 1986.
At the hearing Appellant was represented by professional
counsel and denied the charge and specifications.
The Investigating Officer introduced in evidence four exhibits
and the testimony of two witnesses. | Appeal No. 2446 | Suspension and Revocation Appeals Authority | 3/19/1987 | 3/19/1987 | | 11/30/2017 |