| Suspension and Revocation Appeals Authority | 2172 - CHAPMAN | The Decision on Appeal, No. 2127, in this case has been
reconsidered on my own motion. It was held in the principal
decision that because the expression "complement of officers and
crew" appeared in the first paragraph of R.S. 4463 (46 U.S.C. 222)
and the language in the second paragraph, allowing discretion to
the master of a vessel to sail with a deficiency, spoke only of a
deficiency in the "crew," there could be no allowable sailing of a
vessel with a deficiency of a licensed officer. It was said, "A
vessel may not, under this statute, be navigated at all with a
deficiency of a required licensed officer."
From the enactment of section 14, of Act, Feb. 28, 18718 ch.
100, 16 Stat. 446 the statute from which R.S. 4463 was derived,
until 1908, the law was concerned only with the problem of
deficiency of licensed officers. Such a deficiency was tolerated
under carefully prescribed circumstances. There was no reference
to deficiency of other than licensed officers, presumably because
such deficiencies were not considered significant at the time. In
1908 the statute was expanded to vest in the inspectors the
authority to prescribe the requirements not only of licensed
officers but also of the other seamen who might be found, in the
judgement of the inspectors, necessary for the safe navigation of
the vessel. The view expressed in the principal decision in this case necessitates a belief that the amendment of 1908 was intended
to allow a deficiency in the unlicensed members of the crew (who
had never before been "required") but to cut off completely the
possibility of the one form of deficiency with which the statute
had been concerned for over thirty years. | Appeal No. 2172 | Suspension and Revocation Appeals Authority | 11/21/1979 | 11/21/1979 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2173 - PIERCE | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 29 July 1979, an Administrative Law Judge of
the United States Coast Guard at San Francisco, California,
suspended Appellant's seaman's documents for three months on twelve
months' probation upon finding him guilty of negligence. The
specification found proved alleges that while serving as Pilot
aboard the SS RICE QUEEN, under the authority of the
above-captioned license, on or about 19 December 1977, Appellant,
while the vessel was underway within Suisun Bay, negligently failed
to take precautions necessary to prevent the collision of the SS
RICE QUEEN with Suisun Bay Light 31 (LLNR 872.20).
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 into evidence a
stipulation of facts. | Appeal No. 2173 | Suspension and Revocation Appeals Authority | 11/28/1979 | 11/28/1979 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2174 - TINGLEY | This appeal has been taken in accordance with 46 U.S.C. 239(g)
and 46 CFR 5.30-1.
By order dated 7 December 1977, an Administrative Law Judge of
the United States Coast Guard at Seattle, Washington, after hearing
at Anchorage, Alaska, on 8,9, and 10 November 1976, 16 and 17
February and 8 February and 8 September 1977, suspended Appellant's
license for a period for a period of three months upon finding him
guilty of negligence. The two specifications of negligence found
proved allege: (1) that Appellant, while serving as pilot aboard
SS PORTLAND, under authority of the captioned document, did on 20
October 1976 wrongfully fail to navigate the vessel prudently,
causing an a
llision between SS PORTLAND and the north end of the Anchorage City
Dock; and (2) that Appellant, while serving as aforesaid, did on 20
October 1976 wrongfully fail to ascertain the correct state of the
correct state of the tide, causing an allision between SS PORTLAND
and the north end of the Anchorage City Dock.
At the hearing, Appellant was represented by professional
counsel. Appellant entered a plea of not guilty to the charge and
specifications. | Appeal No. 2174 | Suspension and Revocation Appeals Authority | 1/7/1980 | 1/7/1980 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2175 - RIVERA | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 18 May 1977, an Administrative Law Judge of the
United States Coast Guard at San Juan, Puerto Rico, suspended
Appellant's license for one month and for an additional two months
on four months' probation upon finding him guilty of negligence.
The specification of negligence found proved alleges that Appellant
while serving as Pilot aboard SS PONCE DE LEON, under authority of
his license and document, on 7 December 1976 negligently navigated
SS PONCE DE LEON without the use of available tugboats while the
vessel was attempting to negotiate the turn from Army Terminal
Channel to Puerto Nuevo Channel, Bahia de San Juan, Puerto Rico,
thereby contributing to a collision between the PONCE DE LEON and
Puerto Nuevo Terminal Dock.
At the hearing, Appellant was represented by professional
counsel. Appellant entered a plea of not guilty to the charge and
specification. | Appeal No. 2175 | Suspension and Revocation Appeals Authority | 1/3/1980 | 1/3/1980 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2176 - REED | These appeals have been taken in accordance with 46 U.S.C.
239(g) and 46 CFR 5.30-1.
By orders dated 22 September 1977, an Administrative Law Judge
of the United States Coast Guard at New Orleans, Louisiana,
suspended Appellants' seaman's documents each for six months on
twelve months' probation, upon finding each guilty of misconduct.
The specifications found proved allege that while serving on board
SS JEFF DAVIS under authority of the documents above captioned, on
or about 9 December 1976, each Appellant wrongfully created a
disturbance by engaging in a fight with the other.
The hearings were held in joinder at New Orleans, Louisiana,
on several occasions, from 15 February 1977 to 7 September 1977.
At the proceedings each Appellant was represented by
professional counsel and entered a plea of not guilty to the
charges and specifications.
The Investigating Officer introduced in evidence the testimony
of one witness, obtained by deposition on written interrogatories,
and voyage records of JEFF DAVIS. | Appeal No. 2176 | Suspension and Revocation Appeals Authority | 1/3/1980 | 1/3/1980 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2177 - HOMER | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 12 June 1978, an Administrative Law Judge of
the United States Coast Guard at Boston, Massachusetts, after a
hearing at Boston, Massachusetts, on 20 April 1978, suspended
Appellant's license for a period of two months and further
suspended it for one month on probation for 12 months. The two
specifications of the charge of negligence found proved allege (1)
that Appellant, while serving as Master aboard Tug KING PHILIP,
under authority of the captioned documents, did on 1 April 1978,
attempt to transit Cape Code Canal without assessing properly the
effects that the tidal current in the Canal would have on his
vessel and its tow, Tank Barge RHODE ISLAND; and (2) in that
Appellant, while serving as aforesaid, did ground the Tank Barge
RHODE ISLAND; and on the northern edge of Cape Cod on 1 April 1978.
At the hearing, Appellant was represented by professional
counsel. Appellant entered a plea of not guilty to the charge and
specifications. | Appeal No. 2177 | Suspension and Revocation Appeals Authority | 1/3/1980 | 1/3/1980 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2178 - HALL | This appeal has been taken in accordance with 46 U.S.C. 239(g)
and 46 CFR 5.30-1.
By order dated 10 August 1978, an Administrative Law Judge of
the United States Coast Guard at Long Beach, California, suspended
Appellant's license for two months on six months' probation upon
finding him guilty of negligence. The specification found proved
alleges that while serving as operator of M/V GRANDE, under
authority of the license above captioned, on or about 3 July 1978,
Appellant negligently allowed passengers to throw trash and debris
over the side in violation of the Refuse Act of 1899.
At the hearing Appellant was represented by non-professional
counsel and entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced in evidence the oral
testimony of two witnesses.
In defense Appellant introduced the oral testimony of three
witnesses, including his own, and three photographs. | Appeal No. 2178 | Suspension and Revocation Appeals Authority | 1/3/1980 | 1/3/1980 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2179 - COOPER | This appeal has been taken in accordance with Title 46 United
States code 239b and Title 46 Code of Federal Regulations 5.30-1.
By order dated 8 December 1977, an Administrative Law Judge of
the United States Coast Guard at New York, New York, after a
hearing at New York, New York, on 8 and 26 September and 3 and 18
October 1977, revoked Appellant's document upon finding him guilty
of conviction for a narcotic drug law violation. The specification
found proved alleges that Appellant was convicted on 22 February
1977, in the criminal court of the City of New York, a court of
record, of a violation of the Narcotic Drug Laws of the State of
New York, to wit, section 220.03 of the Penal Law of the State of
New York.
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 four
documents.
Appellant offered no evidence in defense.
On 8 December 1977, the Administrative Law Judge entered a
written decision in which he concluded that the charge and
specification as alleged had been proved. He then entered an order
of revocation. | Appeal No. 2179 | Suspension and Revocation Appeals Authority | 1/3/1980 | 1/3/1980 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2180 - METCALFE | This appeal has been taken in accordance with 46 U.S.C. 239(g)
and 46 CFR 5.30-1.
By order dated 22 June 1978, an Administrative Law Judge of
the United States Coast Guard at Houston, Texas, revoked
Appellant's seaman's documents upon finding him incompetent for
service as a seaman. The specification found proved alleges that
while serving as able seaman on board the United States SS AMERICAN
EAGLE under authority of the document above captioned, on or about
14 January 1978, Appellant, while the vessel was in the port of
Portland, Maine, suffered from a "seizure".
The hearing was held at Port Arthur, Texas, on 30 January and
11 April 1978.
At the hearing, Appellant failed initially to appear but when
granted a reopening of the case elected to act as his own counsel
and entered a plea of not guilty to the charge.
The Investigating Officer introduced in evidence the testimony
of witnesses and medical records.
In defense, Appellant offered in evidence the testimony of two
witnesses. After the hearing, the Administrative Law Judge
rendered a written decision in which he concluded that the charge
and specification had been proved. He then entered an order
revoking all documents issued to Appellant. | Appeal No. 2180 | Suspension and Revocation Appeals Authority | 1/8/1980 | 1/8/1980 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2181 - BURKE | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 14 February 1978, an Administrative Law Judge
of the United States Coast Guard at Houston, Texas, after a hearing
at Galveston, Texas, on various dates between 31 May 1977 and 6
January 1978, revoked the captioned documents upon finding
Appellant mentally incompetent. The original specification of
mental incompetence found proved alleges that Appellant, while
serving as second mate aboard SS MISSOURI, on or about 3 November
1973, while the vessel was at sea, was, and presently is, mentally
incompetent to perform the duties for which he holds a license and
document issued by the Coast Guard.
This hearing was conducted pursuant to the order of the
National Transportation Safety Board No. EM-51, 2 NTSB 2784(1976).
At the hearing, Appellant was represented by professional
counsel. Appellant entered a plea of not guilty to the charge and
specification. | Appeal No. 2181 | Suspension and Revocation Appeals Authority | 2/11/1980 | 2/11/1980 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2182 - WILLIAMS | This appeal has been taken in accordance with Title 48 United
States Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 2 August 1977, an Administrative Law Judge of
the United States Coast Guard at Boston, Massachusetts, after a
hearing at Boston, Massachusetts, on 31 May 1977, revoked
Appellant's document upon finding him guilty of misconduct. The
four specifications of the charge of misconduct found proved allege
(1) that Appellant while serving as Pumpman aboard SS AMERICAN
EAGLE, under authority of the captioned document, was, on or about
12 and 13 May 1977, under the influence of liquor on board said
vessel while at sea; (2) that Appellant, while serving as
aforesaid, did on or about 12 and 13 May 1977, disobey a lawful
order of the Master of said vessel, to wit, ship's standing order
number 7; (3) that Appellant, while serving as aforesaid, did, on
or about 12 May 1977, place his hand on the "private parts" of
cremember Cadet James Doherty; and (4) that Appellant, while
serving as aforesaid, did on or about 12 May 1977, make lewd and
obscene comments to a crewmember, Cadet James Doherty.
Appellant did not appear and was not represented at the
hearing, which was held in absentia.
The Investigating Officer introduced into evidence the
testimony of three witnesses, and eight documents.
Subsequent to the hearing, the Administrative Law Judge and all specification as alleged had been proved. He then entered
an order of revocation.
The decision was served on 28 November 1977. Appeal was
timely filed on 8 December 1977. | Appeal No. 2182 | Suspension and Revocation Appeals Authority | 2/22/1980 | 2/22/1980 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2183 - FAIRALL | This appeal has been taken in accordance with Title 46 United
States Code 239(G) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 17 April 1978, and administrative Law Judge of
the United States Coast Guard at San Francisco, California, revoked
Appellant's merchant mariner's document upon finding him guilty of
two specification of the charge of misconduct. The two
specifications of misconduct found proved allege that Appellant,
while serving aboard the SS MAYAGUEZ under authority of the above
captioned document, (1) did, on 6 February 1977, wrongfully use
foul and abusive language towards a superior officer, the Chief
Mate, and (2) did, on 18 February 1977, while said vessel was in
the Port of Keelung, Taiwan, wrongfully assault and batter the
Chief Mate, by kicking him repeatedly.
At the hearing, appellant was represented by professional
counsel. Appellant entered a plea of not guilty to the charge and
specifications.
The Investigating Officer introduced into evidence eight
document including the depositions of two witnesses.
In defense, Appellant offered the testimony of three
witnesses, including his own.
Subsequent to the hearing the Administrative Law Judge
rendered a decision in open hearing in which he concluded that the charge and specification had been proved. He then entered an order
of revocation. | Appeal No. 2183 | Suspension and Revocation Appeals Authority | 2/21/1980 | 2/21/1980 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2184 - BAYLESS | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 26 June 1978, an Administrative Law Judge of
the United States Coast Guard at San Francisco, California,
suspended Appellant's seaman's documents for six months, plus six
months on twelve months' probation, upon finding him guilty of
misconduct. The first specification found proved alleges that
while serving as able bodied seaman on board SS GATEWAY CITY under
authority of the captioned documents, on or about 25 February 1978,
Appellant did wrongfully fail to join and desert said vessel, at
Hong Kong, B.C.C. The second specification found proved alleges
that while serving as able bodied seaman aboard SS MOBILE, under
authority of the captioned documents, Appellant did on or about 2
june 1977 wrongfully fail to join said vessel at Hong Kong, B.C.C.
The Hearing was held at San Francisco, California, on 14 June
1978.
Appellant did not appear at the hearing, and the hearing was
held in absentia. A plea of not guilty to the charge and
specification was entered on behalf of Appellant. | Appeal No. 2184 | Suspension and Revocation Appeals Authority | 2/22/1980 | 2/22/1980 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2185 - JONES | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 9 May 1978, an Administrative Law Judge of the
United States Coast Guard at New Orleans, Louisiana, after a
Hearing conducted at San Francisco, California, and New Orleans,
Louisiana, on various dates between 17 January 1977 and 5 January
1978, suspended Appellant's document for a period of six months
upon finding him guilty of misconduct. The four specifications of
the charge of misconduct found proved allege that Appellant, while
serving as QMED aboard SS DELTA MAR, under authority of the
captioned document did, on or about 26 October 1976, while said
vessel was at sea: (1) wrongfully assault and batter by beating a
member of the crew, Eugene Kyzar; (2) wrongfully assault and batter
with a portable radio the vessel's Master, Peter J. Bourgeois; (3)
wrongfully use foul and abusive language against the vessel's
Master, Peter J.Bourgeois; and (4) wrongfully disobey a lawful
command of the vessel's Master, Peter J. Bourgeois, in that
Appellant failed to stop using obscene and profane language against
said vessel's Master.
At the hearing, Appellant was represented by professional counsel. Appellant entered a plea of not guilty to the charge and
specifications.
The Investigating Officer introduced into evidence the
testimony of three witnesses, ten documents, three photographs, one
item of physical evidence, and four depositions.
In defense, Appellant introduced into evidence the testimony
of two witnesses, his own included, and two documents. | Appeal No. 2185 | Suspension and Revocation Appeals Authority | 2/22/1980 | 2/22/1980 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2186 - ASCIONE | This appeal has been taken in accordance with 46 U.S.C. 239(g)
and 46 CFR 5.30-1.
By order dated 2 August 1978, an Administrative Law Judge of
the United States Coast Guard at New York, New York, suspended
Appellant's seaman's documents for two months, upon finding him
guilty of misconduct. The specifications found proved alleges that
while serving as Ordinary Seaman on board SS SAN FRANCISCO under
authority of the document above captioned, on or about 26 January
1978, Appellant wrongfully failed to join said vessel at the
foreign port of Livorno, Italy.
The hearing was held at New York, New York, on 27 April, 16
May, 19 June, and 10 July 1978.
Appellant was not present at the hearing which proceeded in
absentia, nor was he represented by counsel. The Administrative
Law Judge entered a plea of not guilty to the charge and
specification on behalf of the Appellant.
The Investigating Officer introduced in evidence four
documents: (1) an abstract of line 16 of the shipping articles of
the SS SAN FRANCISCO for the voyage beginning on 25 November 1977
certified by CDR P.M. Lebet, USCG at Rotterdam, Holland; (2) an
abstract of the same line 16 certified by LTJG J.A. Stamm, USCG
supplying the date, place and cause of the Appellant's leaving the
vessel; (3) a copy of an entry from the official log book of the SS SAN FRANCISCO certified under the hand and seal of the American
Vice Consul at Kobe, Japan; and (4) a photocopy of page 23 of the
official log book of the SS SAN FRANCISCO for the same voyage
certified by LTJG Stamm which includes the entry certified in the
third document. There was no live testimony introduced by the
Investigating Officer.
The Appellant offered no evidence in his defense. | Appeal No. 2186 | Suspension and Revocation Appeals Authority | 2/22/1980 | 2/22/1980 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2187 - CASTLEBERRY | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 13 April 1979, an Administrative Law Judge of
the United States Coast Guard at San Francisco, California, revoked
Appellant's seaman's documents upon finding him guilty of
misconduct. The specification found proved alleges that while
serving as able seaman on board SS SANTA MARIANA under authority of
the document above captioned, on or about 8 December 1978,
Appellant wrongfully had in his possession at San Francisco,
California, a quantity of cocaine.
The hearing was held at San Francisco, California, from 22 May
to 15 June 1979.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced in evidence the testimony
of three witnesses and certain documents.
In defense, Appellant offered in evidence his own testimony.
After the hearing, the Administrative Law Judge rendered a
written decision in which he concluded that the charge and
specification had been proved. He then entered an order revoking all documents issued to Appellant.
The entire decision was served on 14 August 1979. Appeal was
timely filed and perfected. | Appeal No. 2187 | Suspension and Revocation Appeals Authority | 2/25/1980 | 2/25/1980 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2188 - GILLIKIN | This appeal has been taken in accordance with Title 46 U.S.C.
239(g) and 46 CFR 5.30-1.
By order dated 11 May 1978, an Administrative Law Judge of the
United States Coast Guard at New York, New York, after a hearing at
New York, New York, on 16 March and 31 March 1978, suspended
Appellant's license for a period of three (3) months on probation
for twelve (12) months upon finding him guilty of inattention to
duty. The one specification of inattention to duty found proved
alleged that while serving as master aboard TS PRINCESS BAY,
Appellant did, on or about 3 November 1977, while said vessel was
transferring gasoline at the Phillips Fuel Company, Hackensack, New
Jersey, and while acting as the person in charge of the transfer
operation, wrongfully fail to provide flame screens or proper
supervision for open cargo tank hatches as required by 46 Code of
Federal Regulations 35.30-10.
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 one witness, three documents, and a series of four
color photographs depicting PRINCESS BAY.
In defense, Appellant introduced into evidence his own
testimony. | Appeal No. 2188 | Suspension and Revocation Appeals Authority | 2/27/1980 | 2/27/1980 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2189 - BEY | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 9 July 1978, an Administrative Law Judge of the
United States Coast Guard at San Francisco, revoked Appellant's
Merchant Mariner's Document upon finding him guilty of misconduct.
The specification found proved alleges that while serving under the
authority of his document aboard USNS MISPILLION on or about 4
September 1977, while on U.S. Naval Base, Subic Bay, Republic of
the Philippines, Appellant did have in his possession a narcotic
drug, to wit: heroin.
At the hearing, which comprised nine sessions, Appellant was
at first represented by lay counsel but later retained professional
counsel. Appellant entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced in evidence nineteen
exhibits.
Appellant submitted no defense. | Appeal No. 2189 | Suspension and Revocation Appeals Authority | 3/25/1980 | 3/25/1980 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2190 - RITOLA | This appeal has been taken in accordance with Title 46 United
States code 239(g) and Title 46 code of Federal Regulations 5.30-1.
By order dated 14 February 1978, an Administrative Law Judge
of the United States Coast Guard at Seattle, Washington, suspended
Appellant's license for one month with an additional period of six
months' suspension on twelve months' probation upon finding him
guilty of negligence. The three specifications found proved
alleged that while serving as Third Mate on board the United States
Army Corps of Engineers Dredge CHESTER HARDING, under the authority
of the above captioned license, on or about 12 December 1976,
Appellant failed to sound a whistle signal in reply to the whistle
signal of M/V DON CARLOS; failed to execute a port passage with DON
CARLOS in the absence of an agreement on a starboard passing; and
failed to indicate the intent of his vessel while approaching DON
CARLOS, the first two specifications further alleging that the
failure cited contributed to a collision between the two vessels.
At the hearing Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specifications.
After the hearing, the Administrative Law Judge rendered a
written opinion in which he concluded that the charge and
specifications had been proved. He then entered an order
suspending Appellant's license for one month with an additional six
month period of suspension on twelve months' probation.
The entire decision was served on 16 February 1979. Appeal
was timely filed and perfected. | Appeal No. 2190 | Suspension and Revocation Appeals Authority | 3/25/1980 | 3/25/1980 | | 12/21/2017 |
| 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 | 2192 - HEUER | This appeal had been taken in accordance with Title 46 U.S.C.
239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 7 March 1978, an Administrative Law Judge of
the United States Coast Guard at New Orleans, Louisiana, after a
hearing on various dates between 22 July 1977 and 9 March 1978,
suspended Appellant's license for a period of three months on
probation for twelve months upon finding him guilty of negligence.
The single specification of the charge of negligence found proved
alleges that Appellant, while serving as pilot aboard SS SABINE,
under authority of the captioned document, did, on or about 3 June
1977, at or near Chalmette Algiers Ferry Crossing, lower
Mississippi River, negligently operate said vessel by overtaking SS
SITALA without having received an assenting whistle signal as is
required by the ordinary practice of seamen.
At the hearing Appellant was represented by professional
counsel. Appellant entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced into evidence the
testimony of four witnesses and eight documents. | Appeal No. 2192 | Suspension and Revocation Appeals Authority | 3/24/1980 | 3/24/1980 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2193 - WATSON | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations
5.30-1.
By order dated 22 August 1978, an Administrative Law Judge of
the United States Coast Guard at Houston, Texas, revoked
Appellant's seaman's documents upon finding him guilty of
misconduct. The specification found proved alleges that Appellant,
while serving as Steward Utility aboard SS TEXACO CONNECTICUT under
authority of the document above captioned did, on or about 12 May
1978, while the vessel was moored at Sun Oil Company Terminal,
Nederland, Texas, wrongfully commit an assault and battery with a
broken disk on a union patrolman, Reginald L. Harrison.
The hearing was held at Port Arthur, Texas, on 26 June and 1
August 1978.
At the hearing, Appellant elected to act as his own counsel
and entered a plea of not guilty to the charge and specification.
The Investigating Officer introduced in evidence four exhibits
consisting of (1) Affidavit of service and Recitation of Rights;
(2) abstracts of the shipping articles of the SS TEXACO
CONNECTICUT; (3) photographs of Harrison's face taken the day of
the incident; and (4) photo of a broken disk used in the assault.
He also produced two witnesses, Harrison and the local Shipping
Commissioner. | Appeal No. 2193 | Suspension and Revocation Appeals Authority | 3/26/1980 | 3/26/1980 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2194 - HARTLEY | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 1 September 1978, an Administrative Law Judge
of the United States Coast Guard at Boston, Massachusetts,
suspended the above captioned license and document for one month on
twelve months' probation upon finding Appellant guilty of
negligence. The specification found proved alleged that while
serving as operator aboard M/V BUCCANEER under authority of the
captioned documents, on or about 0945, 9 August 1978, Appellant did
operate BUCCANEER off Boothbay Harbor, Maine, in a manner to
endanger life, limb and property in proceeding to pass close aboard
at excessive speed the lobster boat SUZIE B, ME 2005A, endangering
life, limb and property of Charles Brewer.
The hearing was held at Portland, Maine on 24 August 1978.
At the hearing, Appellant elected to act as his own counsel
and entered a plea of not guilty to the charge and specification.
The Investigating Officer introduced in evidence the testimony
of one witness and three exhibits.
In defense, Appellant offered the testimony of one witness and
an exhibit which was made a part of the record solely for use in
mitigation if the charge were found proved. | Appeal No. 2194 | Suspension and Revocation Appeals Authority | 3/26/1980 | 3/26/1980 | | 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 | 2196 - NOWAK | This appeal has been taken in accordance with 46 U.S.C. 239(g)
and 46 CFR 5.30-1.
By order dated 31 January 1978, an Administrative Law Judge of
the United States Coast Guard at San Francisco, California, after
a hearing at San Francisco, California, on 13 January 1978,
suspended the captioned documents for a period of three months on
probation for twelve months upon finding him guilty of misconduct.
The single specification of the charge of misconduct found proved
alleges that Appellant, while serving as Third Assistant Engineer,
aboard SS MARIPOSA, under authority of the captioned documents, did
at or about 2030, 31 December 1977, engage in mutual combat with
another crewman, to wit: Jimmy Prado, Third Assistant Engineer
"(day)", while the vessel was at sea.
At the hearing, Appellant was represented by professional
counsel. Appellant entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced into evidence five
documents, including extracts of the official log of SS MARIPOSA
and attachments thereto.
In defense, Appellant testified and introduced into evidence
one document. | Appeal No. 2196 | Suspension and Revocation Appeals Authority | 3/27/1980 | 3/27/1980 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2197 - GAINES | This appeal has been taken in accordance with title 46 U.S.C.
239(g) and 46 CFR 5.30-1.
By order dated 26 July 1978, an Administrative Law Judge of
the United States Coast Guard at Baltimore, Maryland, after a
hearing at Baltimore, Maryland, on 12 April and 6 July 1978,
suspended Appellant's license and document for a period of four
months and further suspended them for a period of two months on
twelve months' probation upon finding him guilty of misconduct.
The three specifications of the charge of misconduct found proved
allege (1) that Appellant while serving as Radio Officer aboard SS
JOHN B. WATERMAN, under authority of the captioned document, did,
on or about 23 March 1977, while said vessel was in the port of
Long Beach, California, wrongfully refuse to obey a lawful command
of the master to produce the radio log for an official inspection
by the Federal Communication Commission Inspector; (2) that
Appellant, while serving as aforesaid, did, on or about 23 March
1977, wrongfully fail to maintain the vessel's radio-telegraph log
as required by the 1960 SOLAS Convention, Chapter 4, regulation 16,
paragraphs (a) and (b); and (3) that Appellant, while serving as
aforesaid, did, on or about 23 March 1977, wrongfully refuse to
make the vessel's radio-telegraph log available for inspection as
required by the 1960 SOLAS Convention,Chapter 4, regulation 16,
paragraph (c). (The third specification was merged with the first,
and, as so merged, was found proved.) | Appeal No. 2197 | Suspension and Revocation Appeals Authority | 3/27/1980 | 3/27/1980 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2198 - HOWELL | This appeal has been taken in accordance with title 46 U.S.C.
239(g) and 46 CFR 5.30-1.
By order dated 1 August 1978, an Administrative Law Judge of
the United States Coast Guard at Seattle, Washington, after a
hearing at Seattle, on 22 May and 31 July 1978, suspended
Appellant's document for a period of six months and further
suspended it for a period of six months on twelve months' probation
upon finding him guilty of misconduct. The three specifications of
the charge of misconduct found proved allege (1) that Appellant
while serving as able-bodied seaman aboard SS OVERSEAS JUNEAU,
under authority of the captioned document, did, on or about 31
October 1977, while said vessel was at sea, wrongfully have
intoxicating liquor in his possession; (2) that Appellant, while
serving as aforesaid, did act in a disrespectful manner towards the
Master and the Chief Mate, to wit: using foul and abusive
language; and, (3) that Appellant, while serving as aforesaid, did
wrongfully assault Frank Airey, a member of the crew, by
brandishing his fist in a threatening manner and offering to
inflict bodily harm.
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 two witnesses and four documents, including copies of two pages of the official log book of SS OVERSEAS JUNEAU.
Appellant testified in his own defense.
Subsequent to the hearing, the Administrative Law Judge
entered a written decision in which he concluded that the charge
and specification as alleged had been proved. He then entered an
order of suspension for a period of six months and further
suspension for a period of six months on probation for twelve
months.
The decision was served on 7 August 1978. Appeal was timely
filed on 27 September 1978, and perfected on 28 December 1978. | Appeal No. 2198 | Suspension and Revocation Appeals Authority | 3/27/1980 | 3/27/1980 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2199 - WOOD | This appeal has been taken in accordance with 46 U.S.C. 239(g)
and 46 CFR 5.30-1.
By order dated 24 July 1978, an Administrative Law Judge of
the United States Coast Guard at New Orleans, Louisiana, admonished
Appellant upon finding him guilty of negligence. The specification
found proved alleged that while serving as operator/mate on board
M/V BILL FROREICH under authority of the license described above,
on or about 27 July 1976, Appellant did negligently navigate such
vessel thereby contributing to an allision between the tow of the
vessel and a dock located in the vicinity of Mile 14, west of
Harvey Locks, Gulf Intracoastal Waterway.
At the hearing, Appellant was represented by professional
counsel. Appellant entered a plea of not guilty to the charge and
specification.
The Investigating Officer offered in evidence three exhibits
and the testimony of one witness.
In defense, Appellant offered in evidence one exhibit and his
own testimony. | Appeal No. 2199 | Suspension and Revocation Appeals Authority | 3/27/1980 | 3/27/1980 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2200 - GARD | This appeal has been taken in accordance with Title 46 U.S.C.
239(G) and 46 CFR 5.30-1.
By order rendered 2 March 1979, an Administrative Law Judge of
the United States Coast Guard at St. Louis, Missouri, suspended
Appellant's seaman's documents for one month on six months'
probation, upon finding him guilty of negligence. The
specification found proved alleged that while serving that while
serving as Tankerman on board the Tank Barge NMS-3103 under
authority of the document above captioned, on or about 21 August
1978, Appellant failed to adequately supervise cargo loading
operations, causing an overflow and pollution of the navigable
waters of the upper Mississippi River near Pine Bend, Minnesota.
The hearing was held at St. Louis, Missouri, on 2 January and
2 March 1979.
At the hearing, Appellant was represented by non-professional
counsel. A plea of not guilty to the charge and specification was
entered in his behalf by the Administrative Law Judge.
The Investigating Officer introduced in evidence depositions
of one witness, and three exhibits.
Appellant offered no evidence in defense.
At the end of the hearing, the Administrative Law Judge rendered an oral decision in which he concluded that the charge and
specification had been proved. He then entered an order suspending
all documents issued to Appellant for a period of one month on six
months' probation.
The entire decision was served on 19 April 1979. Appeal was
timely filed on 19 March 1979 and perfected on the same day. | Appeal No. 2200 | Suspension and Revocation Appeals Authority | 4/8/1980 | 4/8/1980 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2201 - BROADNAX | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order rendered 12 January 1979, an Administrative Law Judge
of the United States Coast Guard at Long Beach, California, revoked
Appellant's seaman's documents upon finding him guilty of the
charge of "conviction for a narcotic drug law violation." The
specification found proved alleged that while holder of the
document above captioned, on or about 30 November 1972, Appellant
was convicted by the Superior Court, State of California, In and
for the County of Stanislaus, a court of record, for violation of
Section 11500 of the California Health and Safety Code, a narcotic
drug law violation.
The hearing was held at Long Beach, California, on II January
1979.
At the hearing, Appellant elected to act as his own counsel
and entered a plea of guilty to the charge and specification.
The Investigating Officer introduced in evidence one composite
exhibit.
Appellant offered no evidence in defense.
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 all documents issued to Appellant.
The entire decision was served on 18 January 1979. Appeal was
timely filed on 8 February 1979 and perfected on the same day. | Appeal No. 2201 | Suspension and Revocation Appeals Authority | 4/28/1980 | 4/28/1980 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2202 - VAIL | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 2 November 1978, and Administrative Law Judge
of the United States Coast Guard at San Francisco, California,
revoked Appellant's seaman's documents upon finding him guilty of
misconduct. The specification found proved alleged that while
serving as Deck Maintenanceman on board SS PRESIDENT HARRISON under
the authority of the document above captioned, on or about 5 March
1978, Appellant wrongfully had in his possession hashish and
marihuana; and on the same date wrongfully became under the
influence of narcotics.
The hearing was held at San Francisco, California, in two
sessions, on 21 July 1978 and 2 November 1978.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification.
The Investigating officer introduced in evidence the testimony
of two witnesses and seven documentary exhibits.
In defense, Appellant offered in evidence his own testimony
and one exhibit. The exhibit was marked for identification but not
admitted as competent evidence.
Initially the specifications did not identify the specific
narcotic substances involved. At the conclusion of the evidence
the Administrative Law Judge, sua sponte amended the charge
to identify hashish and marihuana.
At the end of the hearing, the Administrative Law Judge
rendered an oral decision in which he concluded that the charge and
both specifications had been proved. He served a written order on
Appellant on 14 December 1978 revoking all documents issued to
Appellant.
The entire decision was served on 15 December 1978. Appeal
was timely filed and perfected. | Appeal No. 2202 | Suspension and Revocation Appeals Authority | 4/28/1980 | 4/28/1980 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2203 - WEST | This appeal was taken in accordance with Title 46 United
States Code 239b and Title 46 Code of Federal Regulations 5.30-1.
By order dated 5 October 1978, an Administrative Law Judge of
the United States Coast Guard at Norfolk, Virginia, after a hearing
at Norfolk on the same date, revoked Appellant's license and
document upon finding him guilty of conviction for a narcotic drug
law violation. The specification found proved alleged that
Appellant was convicted on 9 September 1974, in the U. S. District
Court for the Eastern District of Virginia, a court of record, of
distribution of narcotics, to wit: heroin.
At the hearing Appellant was represented by professional
counsel. Appellant entered a plea of guilty to the charge and
specification.
The Investigating Officer introduced into evidence two
documents.
Appellant offered his own testimony and character evidence
consisting of 23 documents.
At the hearing on 5 October 1978, the Administrative Law
Judge, entered the order of revocation, after determining on the
record that the charge and specification as alleged had been
proved. A written decision was served 10 October 1978. Appeal was timely filed 16 October 1978. | Appeal No. 2203 | Suspension and Revocation Appeals Authority | 5/6/1980 | 5/6/1980 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2204 - PIERCE | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 5 December 1979, an Administrative Law Judge of
the United States Coast Guard at San Francisco, California, after
a hearing on various dates between 11 July and 26 November 1979,
suspended Appellant's license for a period of six months upon
finding him guilty of negligence. The single specification of the
charge of negligence found proved alleges that Appellant, while
serving as pilot aboard SS DEL ORO, under authority of the
captioned document, did, on or about 13 June 1979, negligently fail
to properly maneuver and control said vessel thus running it
aground in the San Joaquin River between buoys numbers 49 and 51.
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 two witnesses and six documents.
In defense, Appellant presented no evidence.
Subsequent to the hearing, the Administrative Law Judge
entered a written decision in which he concluded that the charge
and specification as alleged had been proved. He then entered an
order of suspension for a period of six months.
The decision was served on 6 December 1979. Appeal was timely
filed on 7 December 1979, and perfected on 5 February 1980. | Appeal No. 2204 | Suspension and Revocation Appeals Authority | 5/12/1980 | 5/12/1980 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2205 - ROBLES | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 6 September 1978, an Administrative Law Judge
of the United States Coast Guard at Boston, Massachusetts,
suspended Appellant's documents for two months on twelve months'
probation, upon finding him guilty of misconduct. The
specification found proved alleged that while serving under
authority of the documents above captioned, on or about 5 June
1978, Appellant made a false statement of material fact, under
oath, in his application for a raise in grade of his license, filed
at Portland, Maine, when he stated he had not made application in
any other port and been denied a raise in grade within the previous
year when in fact he had applied and been denied a raise in grade
at Jacksonville, Florida, on 1 June 1978.
The hearing was held at Portland, Maine, from 6 July to 24
July 1978.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and specification.
The Investigating Officer introduced in evidence the testimony
of two witnesses and six exhibits.
In defense, Appellant offered in evidence his own testimony.
After the hearing, the Administrative Law Judge rendered a
written decision in which he concluded that the charge and
specification had been proved. He then entered an order suspending
all documents issued to Appellant for a period of two months on
twelve months' probation.
The entire decision was served on 15 September 1978. Appeal
was timely filed and perfected. | Appeal No. 2205 | Suspension and Revocation Appeals Authority | 5/12/1980 | 5/12/1980 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2206 - CREWS | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 5 February 1979, an Administrative Law Judge of
the United States Coast Guard at Houston, Texas, suspended
Appellant's seaman's documents for three months, plus twelve months
on twenty four months' probation, upon finding him guilty of
misconduct. The specifications found proved alleged that while
serving as able seaman on board SS COVE LEADER under authority of
the document above captioned, Appellant:
(1) on or about 21 September 1978 failed to perform
assigned duties at Odessa, U.S.S.R.,
(2) on or about 12 October 1978 failed to perform
assigned duties by reason of intoxication,
(3) on 12 October 1978 at Odessa, U.S.S.R., wrongfully
brought intoxicants aboard the vessel,
(4) on 12 October 1978 at Poti, U.S.S.R., failed to
perform assigned duties, and
(5) on 20 October 1978 at Poti, U.S.S.R., failed to
perform assigned duties.
The hearing was held at New Orleans, Louisiana, on 15 November
1978 and, after a change of venue requested by Appellant, at
Houston, Texas, on 27 November 1978.
Appellant did not appear for hearing.
The Administrative Law Judge at Houston entered a plea of not
guilty to the charge and all specifications and properly proceeded
in the absence of Appellant.
The Investigating Officer introduced several documents into
evidence.
There was no defense.
After the hearing, on 5 February 1979, the Administrative Law
Judge rendered a written decision in which he concluded that the
charge and specification had been proved. He then entered an order
suspending all documents issued to Appellant for a period of three
months plus twelve months on twenty four months' probation.
The entire decision was served on 21 February 1979. Appeal
was timely filed. | Appeal No. 2206 | Suspension and Revocation Appeals Authority | 5/12/1980 | 5/12/1980 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2207 - CLARK | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 19 January 1979, an Administrative Law Judge of
the United States Coast Guard at New York, New York, revoked
Appellant's seaman's documents upon finding him guilty of the
charge of "conviction for a narcotic drug law violation." The
specification found proved alleged that while holder of the
document above captioned, on or about 23 June 1969, Appellant was
convicted by the Criminal Court of the City of New York, a court of
record, for the possession of a dangerous drug, to wit: heroin.
The hearing was held at New York, New York on 4 January 1979.
At the hearing, Appellant elected to act as his own counsel
and entered a plea of not guilty to the charge and specification.
The Investigating Officer introduced in evidence three
documents.
Appellant offered no evidence in defense. | Appeal No. 2207 | Suspension and Revocation Appeals Authority | 5/19/1980 | 5/19/1980 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2208 - ROGERS | This appeal has been taken in accordance with Title 46 United
States Code 239b and Title 46 Code of Federal Regulations 5.30-1.
By order dated 4 January 1979, an Administrative Law Judge of
the United States Coast Guard at Jacksonville, Florida, after a
hearing at Miami, Florida, on 21 November 1978, revoked Appellant's
license upon finding hum guilty of conviction for a Narcotic Drug
Law violation. The specification found proved alleges that
Appellant,while the holder of the captioned document, was convicted
on 23 November 1977, of possession of narcotics, to wit, marijuana,
by the Hampton District Court, Hampton, New Hampshire.
At the hearing, Appellant was represented by professional
counsel. Appellant entered a plea of not guilty to the charge and
specification.
The Investigation Officer introduced into evidence one
document.
In defense, Appellant introduced into evidence one document.
Subsequent to the hearing, the Administrative Law Judge entered a written decision in which he concluded that the charge
and specification as alleged had been proved. He then entered an
order of revocation.
The written decision was served on 27 January 1979. Appeal
was timely filed on 22 January 1979, and perfected on 2 April 1979. | Appeal No. 2208 | Suspension and Revocation Appeals Authority | 5/20/1980 | 5/20/1980 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2209 - SIEGELMAN | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 28 August 1979, an Administrative Law Judge of
the United States Coast Guard at New Orleans, Louisiana, after a
hearing at New Orleans, Louisiana, on 16 July 1979, suspended
Appellant's document for a period of four months upon finding him
guilty of misconduct. The single specification of the charge of
misconduct found proved alleges that Appellant, while serving as
able seaman aboard SS AUSTRAL ENDURANCE, under authority of his
Merchant Mariner's Document did, at or about 1210 on 1 July 1979,
while said vessel was at sea, wrongfully commit an assault and
battery without legal cause, provocation, or justification upon the
person of one Phillip MOULIC, causing serious and severe bodily
harm to him.
At the hearing, Appellant represented himself. Appellant
entered a plea of not guilty to the charge and specification.
The Investigating Officer introduced into evidence the
testimony of three witnesses, and two documents.
In defense Appellant testified and introduced into evidence
two documents. | Appeal No. 2209 | Suspension and Revocation Appeals Authority | 5/20/1980 | 5/20/1980 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2210 - HARRIS | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 6 February 1979, an Administrative Law Judge of
the United States Coast Guard at Houston, Texas, after a hearing at
Galveston, Texas, after a hearing at Galveston, Texas, on 10
January 1979, suspended the captioned documents for a period of one
month on probation for a period of six months upon finding
Appellant guilty of misconduct. The single specification of the
charge of misconduct found proved alleges that Appellant, while
serving as Master aboard BERING SEAL, under authority of the
captioned documents, did, from on or about 1 December to 22
December 1978, wrongfully operate the vessel without the complement
of crew required by the vessel's Certificate of Inspection, in that
he did not have the required number of able seamen aboard.
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 two witnesses and four documents.
In defense, Appellant introduced into evidence the testimony
of a witness and testified in his own behalf. | Appeal No. 2210 | Suspension and Revocation Appeals Authority | 5/20/1980 | 5/20/1980 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2211 - DUNCAN | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 5 September 1979, an Administrative Law Judge
of the United States Coast Guard at New York, New York, suspended
Appellant's license for two months on nine months' probation, upon
finding him guilty of negligence. The specification found proved
alleged that while serving as operator on board the tug KATHRYNE E.
MCALLISTER, under authority of the license above captioned, at or
about 0100, 28 November 1978, Appellant failed to navigate said
vessel and its tow, the tank barge CIBRO PHILADELPHIA, with due
caution, resulting in the grounding of CIBRO PHILADELPHIA on Mill
Rock, East River, N.Y., and the subsequent discharge of 942 barrels
of #2 oil into the East River.
The hearing was held at New York, New York, in four sessions
during March and April, 1979.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification. | Appeal No. 2211 | Suspension and Revocation Appeals Authority | 5/22/1980 | 5/22/1980 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2212 - LAWSON | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 17 August 1979, an Administrative Law Judge of
the United States Coast Guard at New York, New York, suspended
Appellant's seaman's documents for six months outright, plus a
further suspension for six months on twelve months probation, upon
finding him guilty of misconduct. The specification alleged that
while serving as Ordinary Seaman on board SS AMERICAN LIBERTY under
authority of the document above captioned, on or about 29 March
1979, Appellant did wrongfully assault and batter a member of the
crew, Luis A. Lopez, Z-819 077. The lesser included offense of
wrongfully engaging in mutual combat with a member of the crew was
found proved.
The hearing was held at New York, after a change of venue from
Savannah, Georgia, on 4, 6, and 25 April 1979.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification. | Appeal No. 2212 | Suspension and Revocation Appeals Authority | 5/23/1980 | 5/23/1980 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2213 - RAINES | This appeal has ben taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 20 February 1979, an Administrative Law Judge
of the United States Coast Guard at New York, New York, after a
hearing at Philadelphia, Pennsylvania, on 12 February 1979, revoked
Appellant's document upon finding him guilty of misconduct. The
single specification of misconduct found proved alleges that
Appellant, while serving as wiper aboard SS SAN ANTONIO, under
authority of the captioned document, did, on 6 September 1977,
while said vessel was at sea, wrongfully assault and batter with
his fists a member of the crew, Harold C. Wolfe.
At the hearing, Appellant represented himself. Appellant
entered a plea of not guilty to the charge and specification.
The Investigating Officer introduced into evidence two
documents, including a copy of four pages of the official logbook
of SS SAN ANTONIO.
In defense, Appellant introduced into evidence two
certificates of discharge from vessels on which Appellant sailed
subsequent to his discharge from SS SAN ANTONIO.
Subsequent to the hearing, the Administrative Law Judge
entered a written decision in which he concluded that the charge
and specification as alleged had been proved. He then entered an order of revocation.
The decision was served on 3 March 1979. Appeal was timely
filed on 28 March 1979. | Appeal No. 2213 | Suspension and Revocation Appeals Authority | 5/23/1980 | 5/23/1980 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2214 - CHRISTENSEN | This appeal has been taken in accordance with 46 U.S.C. 239(g)
and 46 CFR 5.30-1.
By order dated 22 March 1978, an Administrative Law Judge of
the United States Coast Guard after a hearing on 10 January 1978 at
Portland, Maine, suspended Appellant's license for a period of one
(1) month on probation for twelve (12) months upon finding him
guilty of negligence. The first specification of negligence found
proved alleged that while serving as operator aboard M/V BOBBIE
under the authority of his license, Appellant did, on 14 December
1977 while said vessel was navigating Merchant Row, near Deer
Island, Maine, in conditions of fog and restricted visibility, fail
to obtain or properly use information available to determine the
precise location of the vessel, causing the vessel to ground. The
second specification of negligence found proved alleged that while
serving as above Appellant failed to properly post a lookout,
contributing to the vessel's grounding.
At the hearing, Appellant was represented by professional
counsel. Appellant entered a plea of not guilty to the charge and
both specifications.
The Investigating Officer introduced into evidence the
testimony of two witnesses and two documents.
In defense, Appellant introduced into evidence his own
testimony and one document. | Appeal No. 2214 | Suspension and Revocation Appeals Authority | 5/29/1980 | 5/29/1980 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2215 - RILEY | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 17 January 1979, an Administrative Law Judge of
the United States Coast Guard at Houston, Texas, after a hearing at
Galveston, Texas, on 29 November 1978, suspended Appellant's
license for a period of one month on probation for three months
upon finding him guilty of misconduct. The single specification of
the charge of misconduct found proved alleges that Appellant, while
serving as Master aboard GULF FLEET NO. 22, under authority of the
captioned documents, did, from 10 to 24 November 1978, fail to
comply with the manning requirements as set forth in the vessel's
Certificate of Inspection, to wit: sailing without a licensed
engineer and one able seaman.
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 one witness and four documents. | Appeal No. 2215 | Suspension and Revocation Appeals Authority | 5/29/1980 | 5/29/1980 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2216 - SORENSEN | This appeal has been taken in accordance with Title 46 U.S.C.
239(g) and 46 CFR 5.30-1.
By order dated 26 April 1979, an Administrative Law Judge of
the United States Coast Guard at Baltimore, Maryland, admonished
Appellant upon finding him guilty of negligence. The specification
found proved alleged that while serving as pilot on board the SS
CHANCELLORSVILLE under authority of the captioned documents, on or
about 9 December 1978, Appellant failed to navigate with caution in
the vicinity of Courthouse Point, Maryland, thereby resulting in
said vessel running around.
The hearing was held at Baltimore, Maryland, on 24, 25
January, and 8, 14 and 15 February 1979.
At the hearing Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced in evidence the testimony
of two witnesses and five documents. | Appeal No. 2216 | Suspension and Revocation Appeals Authority | 5/29/1980 | 5/29/1980 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2217 - QUINN | This appeal has been taken in accordance with Title 46 U.S.C.
239(g) and 46 CFR 5.30-1.
By order dated 17 December 1979, an Administrative Law Judge
of the United States Coast Guard at Jacksonville, Florida,
suspended Appellant's license for 6 months on 12 month's probation,
upon finding him guilty of misconduct and negligence. The
specification of negligence found proved alleges that while serving
as operator on board the M/V PANTHER under authority of the license
above captioned, on or about 25 April 1979, Appellant did, while
said vessel was navigating on the Intercoastal Waterway at
Hillsboro Inlet, Florida, fail to safely navigate said vessel in
such a manner as to preclude the barges she was pushing from
colliding with the Helen S. Marina, the F/V HELEN S, and various
other vessels moored at the Helen S. Marina. The specification of
misconduct found proved alleges that while serving as operator of
the M/V PANTHER, Appellant did, on or about 24 April 1979
wrongfully operate the M/V PANTHER as master of said vessel without
having endorsed the vessel's Certificate of Registry as required by
46 U.S.C. 40.
The hearing was held at Miami, Florida, on 10 and 11 July
1979.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charges and each
specification. | Appeal No. 2217 | Suspension and Revocation Appeals Authority | 5/29/1980 | 5/29/1980 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2218 - LASKI | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 6 April 1979, an Administrative Law Judge of
the United States Coast Guard at Norfolk, Virginia, admonished
Appellant upon finding him guilty of negligence. The specification
found proved alleged that while serving as Master on board SS
TRANSINDIANA under authority of the license above captioned, on 11
October 1978, Appellant wrongfully failed to navigate with due
caution as the burdened vessel by failing to keep out of the way of
SS ROBERT E. LEE in a crossing situation, in violation of Rules 15
and 16 of the International Rules of the Road.
The hearing was held at Norfolk, Virginia, on 6 February 1979.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced in evidence three
exhibits and the testimony of one witness. | Appeal No. 2218 | Suspension and Revocation Appeals Authority | 6/4/1980 | 6/4/1980 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2219 - BUFORD | This appeal has been taken in accordance with Title 46 U.S.C.
239(g) and 46 CFR 5.30-1.
By order dated 15 June 1978, an Administrative Law Judge of
the United States Coast Guard at Galveston, Texas, suspended
Appellant's seaman's documents for two months, plus three months on
six months' probation, upon finding him guilty of misconduct. The
specification found proved alleges that while serving as Chief Cook
on board SS MERRIMAC under authority of the seaman's document above
captioned, on or about 30 April 1978, Appellant wrongfully
assaulted and battered a member of the crew by throwing hot soup
upon him, causing the crewmember to suffer an injury.
The hearing was held at Galveston, Texas, on 2 June 1978.
The hearing was held in absentia when the Appellant
did not show up at the time and place of the hearing. A plea of
not guilty to the charge and specification was entered on his
behalf.
The Investigating Officer introduced in evidence the following
pieces of documentary evidence: (a) Affidavit of Service and Recitation of Rights, (b) Certification of Shipping Articles, (c)
certified photocopy of page 39 of the Official Log of the SS
MERRIMAC of April 30, 1978, (d) signed statement of Ricky Carter,
(e) signed statement of Clinton Cleveland, (f) signed statement of
Juan Oguendo, and (g) signed statement of Bert Winfield. The
Investigating Officer did not introduce any live witnesses. | Appeal No. 2219 | Suspension and Revocation Appeals Authority | 6/16/1980 | 6/16/1980 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2220 - LAMBERT | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 14 August 1979, an Administrative Law Judge of
the United States Coast Guard at Baltimore, Maryland, after a
hearing at Baltimore, Maryland, on 8, 24, and 25 May 1979, ordered
Appellant admonished upon finding him guilty of misconduct. The
single specification of the charge of misconduct found proved
alleges that Appellant, while serving as operator aboard tug
NANTICOKE, under authority of the captioned documents, did, on 15
February 1979, while said vessel was under his command, knowingly
transit the Nanticoke River with the barge DEBORAH from Seaford,
Delaware, to Nanticoke River Buoy No. 4 (LLP 410), in violation of
U.S. Coast Guard Captain of the Port of Baltimore order NR 05-79,
during the hours of darkness, and without sufficient horsepower.
At the hearing, Appellant was represented by professional
counsel. Appellant entered a plea of not guilty to the charge and
specification. | Appeal No. 2220 | Suspension and Revocation Appeals Authority | 6/12/1980 | 6/12/1980 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2221 - CERCY | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 8 September 1978, an Administrative Law Judge
of the United States Coast Guard at New Orleans, Louisiana,
suspended Appellant's license for three months, plus three months
on twelve months' probation, upon finding him guilty of negligence.
The specification found proved alleged that while serving as
operator on board Motor Vessel TIGER STAR under authority of the
license above captioned, on 4 August 1978, Appellant negligently
fell asleep at the wheel, thereby contributing to a collision
between TIGER STAR and a fixed platform. A second charge of
misconduct was withdrawn at the outset of the proceeding.
The hearing was held at New Orleans on 15, 22 and 29 August,
and 8 September 1978.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty of the charge and
specification. | Appeal No. 2221 | Suspension and Revocation Appeals Authority | 6/12/1980 | 6/12/1980 | | 12/21/2017 |