| Suspension and Revocation Appeals Authority | 2079 - SHEPARD | This appeal has been taken in accordance with Title 46 Code of
Federal Regulations 5.30-1.
By order dated 8 December 1975, an Administrative Law Judge of
the United States Coast Guard at New York, New York, suspended
Appellant's license for 3 months on 12 months' probation upon
finding him guilty of negligence. The specification found proved
alleges that while serving as pilot on board the M/V FRANK D.
MOORES (Brit.) being the holder of the license above captioned, on
or about 16 July 1975, Appellant did imprudently navigate said
vessel in heavy fog causing the vessel to collide with a fixed
object, to wit, the Mount Hope Bridge, Mount Hope Bay, Rhode
Island.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduce in evidence the testimony
of seven witnesses, and six exhibits. | Appeal No. 2079 | Suspension and Revocation Appeals Authority | 9/27/1976 | 9/27/1976 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2080 - FULTON | 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 July 1975, an Administrative Law Judge of
the United States Coast Guard at New York, New York admonished
Appellant upon finding him guilty of negligence. The specification
found proved alleges that while serving as Master on board the SS
NOTRE DAME VICTORY under authority of the license and document
above captioned, on 30 Jaunuary 1975, Appellant did hazard his
vessel by proceeding up the Delaware River in an unsafe manner
without assistance of tugboats when the vessel's ship's service
generator was inoperable and the portable 500 kw generator was
operating in an unreliable manner and there were no immediate
backup ship's service generating capabilities.
A second charge concerning an improper logging was dismissed.
At the hearing, Appellant was represented by counsel and
entered a plea of not guilty to the charge and specification. | Appeal No. 2080 | Suspension and Revocation Appeals Authority | 10/8/1976 | 10/8/1976 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2081 - BAILEY.PDF | 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 21 June 1971, an Administrative Law Judge of
the United States Coast Guard at San Francisco, California,
suspended Appellant's seaman's document for six months outright
upon finding him guilty of misconduct. The specifications found
proved allege that under authority of the document above captioned,
Appellant:
(1) While serving aboard the SEATRAIN MARYLAND as a
Fireman/Watertender,
(a) on 7 February 1969, wrongfully failed to join his
vessel on its departure from Sattahip, Thailand.
(2) While serving aboard the SS RAPHAEL SEMMES as a
Fireman/Watertender,
(a) on 9 April 1969, Appellant wrongfully failed to
join his vessel on its departure from Qui Nhon,
South Viet Nam;
(b) on 9 May 1969, Appellant was wrongfully absent from
his vessel and duties; and
(c) on 20 June 1969, turned over the last hour of his 2000 to 2400 port watch to another crew member
without authority and was thereafter absent from
his vessel and duties. Appellant then failed to
stand his 0800 to 1200 sea watch on 21 June 1969. | Appeal No. 2081 | Suspension and Revocation Appeals Authority | 10/27/1976 | 10/27/1976 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2082 - JOHNSON | 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 June 1976, an Administrative Law Judge of the
United States Coast Guard at San Francisco, California, revoked
Appellant's seaman documents upon finding him guilty of misconduct.
The specification found proved alleges that while serving as an
able seaman on board the United States SS PRESIDENT MCKINLEY under
authority of the document above captioned, on or about 23 December
1975, Appellant without provocation committed wrongful assault and
battery with his fists upon the vessel's Boatswain.
At the hearing, Appellant elected to act as his own counsel
and entered a plea of not guilty to the charge and one
specification.
The Investigating Officer introduced in evidence five exhibits
and the testimony of three witnesses.
In defense, Appellant offered in evidence his own testimony.
At the end of the hearing, the Judge rendered an oral decision
in which he concluded that the charge and one specification had
been proved. He then served a written order on Appellant revoking
all documents issued to Appellant.
The entire decision and order was served on 2 June 1676. | Appeal No. 2082 | Suspension and Revocation Appeals Authority | 10/28/1976 | 10/28/1976 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2083 - SYBIAK | 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 February 1975, an Administrative Law Judge
of the United States Coast Guard at Boston, Massachusetts suspended
Appellant's seaman documents for 12 months outright upon finding
him guilty of misconduct. The specifications found proved allege
that while serving as a Third Mate on board the SS TRENTON under
authority of the document and license above captioned, on or about
20 January 1975, Appellant (1) wrongfully failed to perform his
duties by reason of being under the influence of liquor; and (2)
wrongfully failed to perform his duties by departing his station to
wit: the engine order telegraph which was the duly appointed
station.
The hearing was held pursuant to the in absentia
regulations. A plea of not guilty to the charge and each
specification was entered by the Judge.
The Investigating Officer introduced in evidence the testimony
of LCDR Larry J. Balok with respect to what transpired on 24
January 1975 when the charge and specifications were preferred. | Appeal No. 2083 | Suspension and Revocation Appeals Authority | 10/28/1976 | 10/28/1976 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2084 - WARREN | 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 February 1976 an Administrative Law Judge of
the United States Coast Guard at New York, New York, suspended
Appellant's seaman documents for 8 months outright plus 4 months on
12 months' probation upon finding him guilty of misconduct. The
specification found proved alleges that while serving as a Second
Assistant Engineer on board the United States SS AMERICAN LEADER
under authority of the documents above captioned, on or about 21
July 1975, Appellant wrongfully assaulted and battered a fellow
crewmember.
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 three witnesses.
In defense, Appellant offered in evidence three exhibits and
his own testimony. | Appeal No. 2084 | Suspension and Revocation Appeals Authority | 11/9/1976 | 11/9/1976 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2085 - RICHARDS | 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 March 1976, an Administrative Law Judge of
the United States Coast Guard at Norfolk, Virginia admonished
Appellant upon finding him guilty of negligence. The specification
found proved alleges that while serving as Master on board the SS
VANTAGE HORIZON under authority of the license above captioned, on
or about 14 December 1975, Appellant, while navigating on
Chesapeake Bay, during conditions of fog and restricted visibility
did wrongfully fail to obtain or properly use information available
to him from radar observations to determine the course and speed of
another vessel detected in his vicinity. A second part of the
specification found not proved and stricken from the specification
prior to Appellant's case in chief was that the error contributed
to a collision between his vessel and M/V DAEYANG PROSPERITY.
A second specification alleging that Appellant did wrongfully
fail to navigate his vessel with caution was found not proved.
A third specification alleging that Appellant did wrongfully
fail to navigate his vessel at a moderate speed was also found not proved. | Appeal No. 2085 | Suspension and Revocation Appeals Authority | 11/24/1976 | 11/24/1976 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2086 - ERIKSON | 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 April 1976, an Administrative Law Judge of
the United States Coast Guard at Jacksonville, Florida, suspended
Appellant's license and all other documents for 1 month outright
plus 2 months on 12 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 PIONEER under
authority of the license above described, on or about 27 January
1976, Appellant "did wrongfully lose control of (the) vessel's tow,
the barge `BARGE 412', allowing it to collide with the U.S. Army
Corps of Engineers' survey boat CARLSON moored at the U.S. Army
Corps of Engineers' Depot Dock, Hutchinson Island," Savannah,
Georgia.
At the hearing, Appellant was represented by professional
counsel. Appellant entered a plea of not guilty to the charge and
specification. | Appeal No. 2086 | Suspension and Revocation Appeals Authority | 12/3/1976 | 12/3/1976 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2087 - MOURIKIS | 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 January 1976, an Administrative Law Judge of
the United States Coast Guard at Houston, Texas, suspended
Appellant's seaman documents for one month outright plus one month
on three months' probation upon finding him guilty of negligence.
The specification found proved alleges that, while serving as
Master on board the SS CONNECTICUT under authority of the document
and license above captioned, on or about 15 June 1975, Appellant
did neglect to take the necessary precautious required by the
ordinary practice of seamen (Article 29, Inland Rules of the Road),
to wit: attempt to navigate a light vessel in a restricted channel
during unfavorable weather, thereby causing a collision with the
(Liberian) M/V ST PANTELEIMON, in the Houston Ship Channel, at
Robertson Terminal, Galena Park, Texas.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification. | Appeal No. 2087 | Suspension and Revocation Appeals Authority | 12/17/1976 | 12/17/1976 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2088 - SORIANO | 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 July 1976, an Administrative Law Judge of the
United States Coast Guard at Seattle Washington suspended
Appellant's license no. 442 203 for six months on twelve months'
probation upon finding him guilty of violation of a statute. The
specification found proved alleges that as President of Swiftsure,
Inc., owner of M/V MARLIN, O.N. 568 721, an uninspected vessel, on
or about 24 January 1976, Appellant specifically directed the
master of said vessel to get underway from Seattle, Washington,
wrongfully carrying freight for hire in willful violation of 46
U.S.C. 367 and 404.
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 with the
approval of Appellant and his counsel a stipulation of fact (T-7).
See CG Exhibit 1. | Appeal No. 2088 | Suspension and Revocation Appeals Authority | 1/3/1977 | 1/3/1977 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2089 - STEWART | 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 10 March 1976, an Administrative Law Judge of
the United States Coast Guard at Washington, North Carolina revoked
Appellant's seaman documents upon finding him guilty of "conviction
for a narcotic drug violation." The specification found proved
alleges that while being the holder of the above captioned
document, on or about 15 December 1975 Appellant was convicted of
a violation of North Carolina General Statue 90-95(a'(3)) in the
Superior Court of New Hanover County, State of North Carolina, for
violation of a narcotic drug law.
At the hearing, Appellant elected to act as his own counsel
and entered a plea of guilty to the charge and specification.
The Investigating Officer introduced in evidence a copy of the
Judgement of conviction for a narcotic drug law violation entered
in Cause No. 75-CR-14629 in the General Court of Justice, Superior
Court Division, County of New Hanover, North Carolina, dated
December 15, 1975. | Appeal No. 2089 | Suspension and Revocation Appeals Authority | 1/3/1977 | 1/3/1977 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2090 - LONGINO | This appeal has been taken in accordance with Title 46 United
States Code 214 and Title 46 Code of Federal Regulations 5.30-1.
By order dated 12 January 1976, an Administrative Law Judge of
the United States Coast Guard at Houston, Texas, suspended
Appellant's seaman documents for one month outright plus one month
on three month's probation upon finding him guilty of negligence.
The specification found proved alleges that, while serving as a
pilot on board the SS CONNECTICUT, being holder of the document and
license above captioned, on or about 15 June 1975, Appellant did
neglect to take the necessary precautions required by the ordinary
practice of seamen (Article 29, Inland Rules of the Road), to wit:
attempt to navigate a light vessel in a restricted channel during
unfavorable weather, thereby causing a collision with the
(LIBERIAN) MV ST PANTELEIMON, in the Houston Ship Channel, at
Robertson Terminal, Galena Park, Texas.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification. | Appeal No. 2090 | Suspension and Revocation Appeals Authority | 1/19/1977 | 1/19/1977 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2091 - ERNSER | 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 24 May 1976, an Administrative Law Judge of the
United States Coast Guard at San Francisco, California suspended
Appellant's license for one month outright 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 United States SS GULFKNIGHT under authority of the
license above captioned, on or about 27 May 1975, Appellant, while
navigating said vessel in Carquinez Strait, negligently allowed
said vessel to collide with the Ozol pier, a properly charted fixed
structure, in Martinez California.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and the
specification.
The Investigating Officer introduced in evidence the testimony
of four witnesses, as well as fourteen exhibits.
In defense, Appellant offered in evidence his own testimony
and one exhibit. | Appeal No. 2091 | Suspension and Revocation Appeals Authority | 1/31/1977 | 1/31/1977 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2092 - KOKINS | 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 July 1976, an Administrative Law Judge of the
United States Coast Guard at Honolulu, Hawaii, revoked Appellant's
seaman's document upon finding him guilty of misconduct. The
specifications found proved allege that while serving as an Able
Seaman on board the SS OGDEN CHALLENGER under authority of the
document above captioned, on or about 13-18 August 1975, Appellant
did wrongful use foul and disrespectful language and gestures to
the Chief Officer, did wrongfully disobey a lawful order of the
Chief Officer, did on three occasions wrongfully fail to perform
regularly assigned duties, and did wrongfully fail to join his
vessel upon her departure from Alexandria, Egypt, on 18 August
1975.
At the hearing, Appellant elected to act as his own counsel
and entered a plea of not guilty to the charge and each
specification.
The Investigating Officer introduced in evidence a certified
extract from the Shipping Articles of the SS OGDEN CHALLENGER,
excerpts of the Official Log Book and the Mate's Log Book, the
depositions of the Master and Chief Mate of the vessel, and a copy
of a message from the American Embassy of Cairo, Egypt. | Appeal No. 2092 | Suspension and Revocation Appeals Authority | 1/28/1977 | 1/28/1977 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2094 - MILLER | 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 May, 1975, an Administrative Law Judge of the
United States Coast Guard at New Orleans, Louisiana, suspended
Appellant's license for three months upon finding him guilty of
negligence. The specifications found proved alleged that while
serving as pilot on board the Norwegian SS BAUNE under authority of
the license above captioned, on or about 18 January 1974, Appellant
committed several faults which led to a collision at Mile 6 AHP,
Mississippi River, with SS KEY TRADER.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and each
specification.
A voluminous record of testimony, statements and exhibits was
complied by the parties. | Appeal No. 2094 | Suspension and Revocation Appeals Authority | 2/7/1977 | 2/7/1977 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2095 - SCOTT | 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 30 March 1976, an Administrative Law Judge of
the United States Coast Guard at San Francisco, California revoked
Appellant's seaman documents upon finding him guilty of the charge
of "conviction for a narcotic drug law violation." The
specification found proved alleges that while holder of the
document above captioned, on or about 18 January 1972, Appellant
was convicted by the Common Pleas Court of Auglaiza County, Ohio of
possessing or having under his control an hallucinogen, to wit:
cannabis, commonly known as marijuana, contrary to Section 3719.41
of the Revised Code of Ohio. Another specification concerning a
narcotic drug law violation conviction by the County Court of
Hamilton, New York on 18 September 1970 was found not proved
because the copy of the conviction introduced in evidence had not
been duly certified as required by 46 CFR 5.20-105(a).
At the hearing, Appellant was represented by counsel and
entered a plea of not guilty to the charge and specification.
With respect to the Ohio conviction the Investigating Officer
introduced in evidence a duly certified copy of the Journal Entry
for Case No. 5278 filed 18 January 1972 in the Common Pleas Court
of Auglaize County, Ohio. A duly certified copy of the indictment
was also introduced. | Appeal No. 2095 | Suspension and Revocation Appeals Authority | 2/25/1977 | 2/25/1977 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2096 - TAYLOR | These appeals have been taken in accordance with Title 46
United States Code 239(g) and Title 46 Code of Federal Regulations
5.30-1.
By orders dated 8 May 1975, an Administrative Law Judge of the
United States Coast Guard at New Orleans, Louisiana, suspended
Appellant Taylor's license for three months and Appellant Wood's
license for nine months upon findings each guilty of negligence.
The specifications found proved allege that while serving as master
and pilot, respectively, on board SS KEYTRADER under authority of
the respective license above captioned, on or about 18 January
1974, Appellants' wrongfully initiated a starboard to starboard
passing with SS BAUNE, contributing to a collision with that
vessel, and failed to navigate KEYTRADER with caution, after
proposing a starboard to starboard passing by whistle and radio,
receiving no agreement, and failing to slow down. | Appeal No. 2096 | Suspension and Revocation Appeals Authority | 2/28/1977 | 2/28/1977 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2097 - TODD | 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 May 1976, an Administrative Law Judge of the
United States Coast Guard at Mobile, Alabama suspended Appellant's
seaman document for 6 months outright plus 6 months on 12 months'
probation upon finding him guilty of misconduct. The
specifications found proved allege that while serving as an Oiler
on board the United States SS JAMES LYKES under authority of the
document above captioned, on or about 5 October 1975, Appellant:
(1) wrongfully failed to obey a lawful order of the
vessel's Third Assistant Engineer;
(2) wrongfully struck the Third Assistant Engineer; and,
(3) wrongfully struck the Chief Engineer.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and each
specification. | Appeal No. 2097 | Suspension and Revocation Appeals Authority | 3/7/1977 | 3/7/1977 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2098 - CORDISH | This appeal has been taken in accordance with Title 46 United
Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 5 May 1976, an Administrative Law Judge of the
United States Coast Guard at New Orleans, Louisiana suspended
Appellant's seaman documents for 6 months on 12 months' probation
upon finding him guilty of misconduct. The specification found
proved alleges that while serving as an Engineer Cadet on board the
United States SS CHRISTOPHER LYKES under authority of the document
above captioned, on or about 11 February 1976, Appellant wrongfully
refused to obey a lawful command of the ship's master.
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 two exhibits
and the testimony of two witnesses.
In defense, Appellant offered in evidence his own testimony.
At the end of the hearing, the Judge reserved decision. He
subsequently served a written order suspending all documents,
issued to Appellant, for a period of 6 months on 12 months'
probation.
The entire decision and order was served on 10 May 1976. | Appeal No. 2098 | Suspension and Revocation Appeals Authority | 3/18/1977 | 3/18/1977 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2099 - HOLDER | 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 30 July 1976, an Administrative Law Judge of
the United States Coast Guard at New York, New York, suspended
Appellant's seaman's documents for three months outright plus three
months on twelve months' probation upon finding him guilty of
misconduct. The specifications found proved alleges that while
serving as an "oiler" on board the United States SS MORMACPRIDE
under authority of the document above captioned, on or about 17-18
October 1975, Appellant:
(1) wrongfully failed to perform his duties from 2000 to 2400
hours due to intoxication while the vessel was in the
port of New York,
(2) wrongfully failed to properly perform his duties from
0800 to 0830 hours by making false entries in the engine
room oiler's log sheet while the vessel was at sea, and
(3) wrongfully assaulted and battered a licensed officer, to
wit, the Third Assistant Engineer, C. Ferneza, with a dangerous weapon, to wit, a clipboard, while the vessel
was at sea.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and each
specification. | Appeal No. 2099 | Suspension and Revocation Appeals Authority | 4/26/1977 | 4/26/1977 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2100 - COLEMAN | 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 July, 1976, an Administrative Law Judge of
the United States Coast Guard at Houston, Texas suspended
Appellant's license for one month outright plus two months on four
months's probation upon finding him guilty of negligence. The
specification found proved alleges that while serving as Chief
Engineer on board the United States SS AMERICAN EAGLE under
authority of the license above captioned, on or about 19 February
1976, Appellant was negligent in his duties, which resulted in a
spillage of fuel oil into Corpus Christi Harbor, Coastal States
Petrochemical Company Dock, Nueces County, Texas, to wit: allowing
the starboard settling tank to overflow.
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 pertinent documentary materials. | Appeal No. 2100 | Suspension and Revocation Appeals Authority | 4/26/1977 | 4/26/1977 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2043 - FISH | 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 23 October 1974, an Administrative Law Judge of
the United States Coast Guard at Boston, Massachusetts, suspended
Appellant's license for two months on twenty four months' probation
upon finding him guilty of negligence. The specification found
proved alleges that while serving as operator on board M/V GOODTIME
under authority of the license above captioned, on or about 4
August 1974, Appellant negligently operated the vessel so as to
endanger an eighteen foot glastron boat, owned and operated by Ray
E. PARKER, while in the vicinity of Swett Point on the Sasanoa
River, in that he passed in a meeting situation at such a speed as
to cause an excessive wake.
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. | Appeal No. 2043 | Suspension and Revocation Appeals Authority | 12/10/1975 | 12/10/1975 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2044 - ZOLEZZI | 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 and decision dated 27 June 1975, an Administrative
Law Judge of the United States Coast Guard at Long Beach,
California, suspended Appellant's license and all other merchant
mariner's documents for three months on 12 months' probation upon
finding him guilty of the charge of "violation of a statute." The
specification found proved alleges that while serving as Master on
board the F/V MARY ANTOINETTE, O/N 523763, a vessel of over 200
gross tons, under authority of the license above captioned, from 15
April 1975 to 16 May 1975, Appellant did willfully employ or engage
to perform the duties of mate aboard that vessel, a person or
persons not licensed to perform such duties in violation of 46
U.S.C. 224a, for a fishing voyage on the high seas which began in
Acajutla, El Salvador on 15 April 1975 and terminated on 16 May
1975 in San Diego, California. | Appeal No. 2044 | Suspension and Revocation Appeals Authority | 12/22/1975 | 12/22/1975 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2045 - ROWLAND | By order dated 5 September 1974, an Administrative Law Judge
of the United States Coast Guard at Houston, Texas suspended
Appellant's license for one (1) month outright upon finding him
guilty of negligence. The specifications found proved alleges that
while serving as pilot on board the SS JAMES LYKES, being the
holder of the license above captioned, on or about 23 December
1973, Appellant (1) negligently attempted to overtake and pass the
privileged M/V MARY FREDEMAN and tow, tank barges GDM 50 and GDM
60, without assent of M/V MARY FREDEMAN, thereby causing a
collision between SS JAMES LYKES and GDM 60 in the houston Ship
Channel near Shell Oil Terminal and (2) neglected to take the
necessary precaution required by the ordinary practice of seamen,
thereby contributing to the cause of a collision. A third
specification of negligence, alleging that Appellant contributed to
the cause of an oil spill into the navigable waters of the United
States, was found by the Administrative Law Judge to have merged
with the first two specifications since "there was no additional
act of negligence by Respondent." | Appeal No. 2045 | Suspension and Revocation Appeals Authority | 12/24/1975 | 12/24/1975 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2046 - HARDEN | This appeal has been taken in accordance with Title 46 United
State Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 6 February 1975, an Administrative Law Judge of
the United States Coast Guard at St. Louis, Missouri, suspended
Appellant's license for three months upon finding him guilty of
negligence. The specification found proved alleges that while
serving as operator of the towboat M/V POLLIWOG under authority of
the license above captioned, on or about 22 September 1974,
Appellant failed to take proper precautions to avoid a collision
while navigating at about mile 764.4, Upper Mississippi River.
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 the testimony
of several witnesses and certain documents.
In defense, Appellant submitted the case on the record made by
the Investigating Officer and entered a pamphlet published by
Commander, Second Coast Guard District, giving advise to
recreational boat owners and operators. | Appeal No. 2046 | Suspension and Revocation Appeals Authority | 1/23/1976 | 1/23/1976 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2047 - VALLADARES | 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 30 April 1974, an Administrative Law Judge of
the United States Coast Guard at New York, New York, suspended
Appellant's seaman's documents for nine months outright plus three
months on 15 months' probation upon finding him guilty of
misconduct. The specifications found proved allege that while
serving as a fireman on board the United States SS SAN JUAN under
authority of the document above captioned, on or about 13 September
1973, at Port Elizabeth, New Jersey, Appellant:
(1) assaulted and battered one Robert Hyer, a crewmember of
the vessel;
(2) assaulted and battered one James R. Wilson, a crewmember
of the vessel; and
(3) assaulted and battered one Stephen Bertrand, second
officer of the vessel.
At the hearing, Appellant was represented by professional
counsel. Since Appellant himself did not appear, the
Administrative Law Judge entered a plea of not guilty to the charge
and each specification.
The Investigating Officer introduced in evidence voyage
records and the testimony of two witnesses. | Appeal No. 2047 | Suspension and Revocation Appeals Authority | 2/3/1976 | 2/3/1976 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2048 - NORTON | This appeal has been taken in accordance with Title 46 United
States Code 239b and Title 46 Code of Federal Regulations 5.30-1
and 3.
By order dated 4 June 1975, an Administrative Law Judge of the
United States Coast Guard at Long Beach, California, revoked
Appellant's document and license upon finding him guilty of the
charge of "conviction for a narcotic drug law violation." The
specification found proved alleges that Appellant, being the holder
of the above captioned document and license, was, on or about 4
March 1975, convicted by the United States District Court for the
Western District of Washington, a court of record, for possession
of hashish in violation of narcotic drug laws of the United States,
to wit: the Revised Code of Washington section 69.50.401 (d) and
sections 7 and 13 of title 18 of the United States Code.
At the hearing, Appellant elected to act as his own counsel
and entered a plea of guilty to the charge and specification.
The Investigating Officer introduced in evidence a copy of the
record of Appellant's conviction.
In defense, Appellant offered in evidence a statement in
mitigation. | Appeal No. 2048 | Suspension and Revocation Appeals Authority | 3/1/1976 | 3/1/1976 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2049 - OWEN | 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 21 April 1975, an Administrative Law Judge of
the United States Coast Guard at New Orleans, Louisiana, suspended
Appellant's seaman documents for 6 months outright upon finding him
guilty of negligence. The specifications found proved allege that
while serving as Operator on board the M/V MAMA LERE under
authority of the licenses above captioned, on or about 29 January
1975, Appellant:
(1) wrongfully failed to maintain a proper lookout while
navigating during a period of reduced visibility, thereby
contributing to a collision between the M/V MAMA LERE and the
SS AMERICAN WHEAT and
(2) wrongfully failed to sound proper fog signals during
a period of reduced visibility. | Appeal No. 2049 | Suspension and Revocation Appeals Authority | 3/8/1976 | 3/8/1976 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2050 - WIJNGAARDE | 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 30 May 1975, an Administrative Law Judge of the
United States Coast Guard at New Orleans, Louisiana, suspended
Appellant's seaman documents for 12 months outright upon finding
him guilty of misconduct. The specifications found proved allege
that while serving as Electrician on board the SS SHIRLEY LYKES
under authority of the document above captioned, Appellant did
FIRST, on or about 15 August 1974, wrongfully fail to perform
his duties while in a foreign port;
SECOND, on or about 29 August 1974, while in a foreign port,
wrongfully assault with a dangerous weapon, to wit, a knife,
a member of the crew, Luis Cortes;
THIRD, on or about 29 August 1974, while in a foreign port,
wrongfully assault a member of the crew, Willie Lewis. | Appeal No. 2050 | Suspension and Revocation Appeals Authority | 3/18/1976 | 3/18/1976 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2052 - NELSON | 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 December 1974, an Administrative Law Judge
of the United States Coast Guard at New Orleans, Louisiana,
suspended Appellant's license for three (3) months outright upon
finding him guilty of negligence and misconduct. Under the charge
of negligence the specifications found proved allege that while
serving as pilot aboard the M/V GEORGE PRINCE under the authority
of the license above captioned, on 4 February 1974 Appellant
wrongfully failed to (1) keep out of the way of a privileged vessel
in a crossing situation, (2) timely slacken speed, stop, or reverse
to avoid collision with a privileged vessel in a crossing
situation, (3) keep a proper lookout, and (4) adequately utilize
electronic navigational equipment available to him for the purpose
of effecting a safe passage across the Mississippi River at about
mile 120.7 above Head of Passes, all of which contributed to a
collision between the M/V GEORGE PRINCE and the M/V F. R. BIGELOW
and tow. Under the charge of misconduct the specification found
proved alleges that while serving as pilot aboard the M/V GEORGE
PRINCE under the authority of the license above captioned, on 4 February 1974 Appellant wrongfully failed to sound a one whistle
signal as required by 33 U.S.C. 344, while in a condition covered
by that section. A second specification under the charge of
misconduct, alleging that Appellant failed to sound the danger
signal as required by 33 U.S.C. 344, was found not proved by the
Administrative Law Judge. | Appeal No. 2052 | Suspension and Revocation Appeals Authority | 3/22/1976 | 3/22/1976 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2053 - STEPHENS | 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 10 October 1975, an Administrative Law Judge of
the United States Coast Guard at New Orleans, Louisiana, revoked
Appellant's seaman documents upon finding him guilty of misconduct.
The specifications found proved allege that while serving as able
bodied seaman on board the M/V PRESQUE ISLE under authority of the
document above captioned, on or about 26 June 1975, Appellant was
wrongfully absent from his vessel and duties, assaulted and
battered the master on two separate occasions, and disobeyed a
lawful order of the master on two separate occasions.
As the hearing was held in absentia, the
Administrative Law Judge entered a plea of not guilty to the charge
and each specification.
The Investigating Officer introduced in evidence the oral
testimony of two witnesses, and affidavit of service, and pertinent
extracts form the vessel's logbook and articles of agreement. | Appeal No. 2053 | Suspension and Revocation Appeals Authority | 4/21/1976 | 4/21/1976 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2054 - LEESE | 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 1975, an Administrative Law Judge of the
United States Coast Guard at San Francisco, California, suspended
Appellant's seaman documents for three months on six months'
probation upon finding him guilty of negligence. The specification
found proved alleges that while serving as an Operator on board F/V
AMERICA, under authority of the license aboved captioned, on or
about 23 February 1975, Appellant, while the vessel was in Berkeley
Marina, Berkeley, California, failed to take adequate precautions
to prevent the spilling of a harmful quantity of oil into the
navigable waters of the United States. An additional charge of
misconduct, specifying that Appellant violated section 311(b) (3)
of the Federal Water Pollution Control Act Amendment of 1972 in
permitting a harmful quantity of oil to be discharged into the
navigable waters of the United States, was dismissed as
"duplicitous and unnecessary" by the Administrative Law Judge.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and each
specification. | Appeal No. 2054 | Suspension and Revocation Appeals Authority | 4/22/1976 | 4/22/1976 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2055 - MILLER | 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 14 October 1975, an Administrative Law Judge of
the United States Coast Guard at San Diego, California, revoked
Appellant's seaman documents upon finding him guilty of "conviction
for a narcotic drug law violation." The specifications found
proved alleges that on or about 21 July 1971, Appellant was
convicted in Superior Court in the County of San Diego for a
violation of California Health and Safety Code, section 11530.5
(possession of marijuana for sale).
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 certified
duly attested abstract of the court record, criminal minutes of the
Superior Court of the State of California, probation order, and
order remanding Appellant to the custody of the sheriff. | Appeal No. 2055 | Suspension and Revocation Appeals Authority | 4/23/1976 | 4/23/1976 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2056 - JOHNSON | 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 7 August 1975, an Administrative Law Judge of
the United States Coast Guard at San Francisco suspended
Appellant's seaman documents for 3 months on 12 months' probation
upon finding him guilty of misconduct. The specification found
proved alleges that while serving as a Radio Officer on board the
United States SS PACIFIC BEAR under authority of the document and
license above captioned, on or about 22 November 1974, Appellant
disobeyed a lawful order of the Master to check for radio traffic
from Nagasaki, Japan.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced in evidence the testimony
of the ship's master and a consultant to the ship's owner, the
ship's log and other documents.
In defense, Appellant offered in evidence his own testimony
plus documentary and character evidence. | Appeal No. 2056 | Suspension and Revocation Appeals Authority | 4/1/1976 | 4/1/1976 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2057 - SHIPP | This appeal had been taken is accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 10 October 1974, as amended by the supplemental
order of 2 December 1974, an Administrative Law Judge of the United
States Coast Guard at Houston, Texas, suspended Appellant's license
for two months outright plus three months on 12 months' probation
upon finding him guilty of negligence. The specification found
proved alleges that while serving as an operator on board the
United States M/V J.F. LAMB under authority of the license above
captioned, on or about 8 July 1974, Appellant neglected to take the
necessary precautions required by the practice of seamen (Article
29, Inland Rules of the Road), to wit: navigating the tug and its
laden tow outside the navigable waters of the Bayport Channel,
Galveston Bay, Texas, resulting in a collision with a submerged
object and subsequent sinking of the tank barge TM-10, and that
Appellant negligently caused a spill of No. 6 fuel oil into the
navigable waters of the United States, Bayport Channel, Galveston
Bay, Texas. | Appeal No. 2057 | Suspension and Revocation Appeals Authority | 5/3/1976 | 5/3/1976 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2058 - SEARS | 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
and 3
By order dated 21 October 1975, an Administrative Law Judge of
the United States Coast Guard at New York, New York suspended
Appellant's seaman documents for three months plus six months on
twelve months' probation upon finding him guilty of misconduct and
negligence. The specifications found proved allege that while
serving as an operator on board the uninspected towing vessel
MAUREEN MORAN under authority of the document and license above
captioned, on or about 20 September 1975, Appellant:
(1) wrongfully absented himself from the wheelhouse for a
period of approximately 15 minutes, leaving the
responsibilities of navigation of the vessel and its tow
to an unlicensed deckhand, thereby contributing to a
collision between the tow and a pier, and
(2) failed to post a proper lookout, notwithstanding the fact
that the vessel was being navigated from the lower wheelhouse and the light barge in tow alongside to port
partially obstructed vision from the wheelhouse on the
port side, thereby contributing to the collision.
At the hearing, Appellant elected to act as his own counsel
and entered a plea of guilty to the charge and specification of
misconduct and not guilty to the charge and specification of
negligence. | Appeal No. 2058 | Suspension and Revocation Appeals Authority | 5/10/1976 | 5/10/1976 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2059 - LESKINEN | 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 November 1975, an Administrative Law Judge of
the United States Coast Guard at Boston, Massachusetts, after a
hearing at Detroit, Michigan, on 25 February 1975, admonished
Appellant upon finding him guilty of negligence. The single
specification found proved alleges that while serving as Master of
M/V H. LEE WHITE under authority of the license above captioned,
on or about 11 December 1974, Appellant, while directing the
navigation of that vessel upbound in restricted waters, wrongfully
failed to navigate the vessel with caution; notwithstanding the
fact that information of the proximity and approach of another
vessel was available to him (from radar observations) thereby
contributing to a collision between his vessel and M/V GEORGIOS A
while that vessel was downbound in the St. Clair River.
At the hearing, Appellant was represented by professional
counsel. Appellant entered a plea of not guilty to the charge and
specification. | Appeal No. 2059 | Suspension and Revocation Appeals Authority | 6/2/1976 | 6/2/1976 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2060 - GOBEL | This appeal has been taken in accordance with Title 46 United
States Code 239 (g) and Take 46 Code of Federal Regulations 5.30-1.
By order dated 9 January 1976, an Administrative Law Judge of
the United States Coast Guard at New Orleans, Louisiana, suspended
Appellant's seaman documents for 3 months outright upon finding him
guilty of negligence. The specification found proved alleges that
while serving as a tankerman on board the tank barge KE 41 under
authority of the document above captioned, on or about 19 December
1975, Appellant wrongfully failed to properly supervise the loading
of number six fuel oil for the number two starboard tank, causing
it to overflow, thereby contributing to the pollution of the
navigable water of the United States at mile 99.3 on the lower
Mississippi River at Marrero, Louisiana.
At the hearing, Appellant was represented by non-professional
counsel and entered a plea of guilty to the charge and
specification.
The Investigating Officer read an affidavit of LTJG R.S.
Ferrante that Appellant had been advised of the nature of the
hearing, possible results arising therefrom, the charge and
specification and his rights. However, no evidence was formally
introduced. | Appeal No. 2060 | Suspension and Revocation Appeals Authority | 6/11/1976 | 6/11/1976 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2061 - NEWHOUSE | 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 10 December 1975, an Administrative Law Judge
of the United States Coast Guard at Baltimore, Maryland suspended
Appellant's license and document for three (3) months on twelve
(12) months' probation upon finding him guilty of misconduct. The
specification found proved alleges that while serving as Master on
board the United States M/V MYRON C. TAYLOR under authority of the
license above captioned, on or about 12 May 1975, Appellant
violated the provisions of the Coastwise Load Line Act, 46 U.S.C.
88c, in wrongfully permitting the M/V MYRON C. TAYLOR, O.N. 228960,
to be so loaded as to submerge her lordliness on a voyage from
Rogers City, Michigan, to Lorain, Ohio.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification. | Appeal No. 2061 | Suspension and Revocation Appeals Authority | 6/22/1976 | 6/22/1976 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2062 - O'CALLAGHAN | 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 1975, an Administrative Law Judge of
the United States Coast Guard at New York, New York, suspended
Appellant's license for six months and revoked the "Radar observer"
endorsement thereon upon finding him guilty of misconduct. The
specification found proved alleges that while acting under
authority of the license above captioned, on or about 3 August
1973, Appellant wrongfully and knowingly obtained from the United
States Coast Guard, at Coast Guard Marine Inspection Office,
Baltimore, Maryland, a renewal of an existing radar endorsement on
his Master's license No. 441480, through the presentation of a
false document attesting to his satisfactory completion of the
Radar Safety and Navigation Course at the Maritime Institute of
Technology and Graduate Studies, which course he had in truth and
in fact not satisfactorily completed, the false document concerned
being: Maritime Institute of Technology and Graduate Studies
Certificate of Advanced Training Collision Avoidance Radar, dated
26 January 1973, which document, if valid, would have lawfully
entitled him to said endorsement under the authority of 46 CFR
10.02-9(b)(5). | Appeal No. 2062 | Suspension and Revocation Appeals Authority | 7/8/1976 | 7/8/1976 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2063 - CORNELIUS | 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 7 January 1976, an Administrative Law Judge of
the United States Coast Guard at Long Beach, California, suspended
Appellant's seaman documents for 6 months on 12 months' probation
upon finding him guilty of misconduct. The specifications found
proved allege that while serving under authority of the license
above captioned, on or about 3 December 1975, Appellant (1)
wrongfully failed to appear before the Investigating Officer at the
U.S. Coast Guard Marine Safety Office, San Diego, California,
pursuant to a subpoena issued on 26 November 1975 in the matter of
license number 112 067 issued to Lewis F. Burk, and (2) wrongfully
failed to appear before the Investigating Officer at the U.S. Coast
Guard Marine Safety Officer, San Diego, California, pursuant to a
subpoena issued on 26 November 1975 in the matter of license number
111 246 issued to Ralph Madruga.
At the hearing, Appellant elected to act as his own counsel
and entered a plea of not guilty to the charge and each
specification. | Appeal No. 2063 | Suspension and Revocation Appeals Authority | 7/14/1976 | 7/14/1976 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2064 - WOOD | 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 September 1975, an Administrative Law Judge
of the United States Coast Guard at San Francisco, California,
revoked Appellant's seaman documents upon finding him guilty of
misconduct. The specification found proved alleges that while
serving as a messman on board the United States SS PRESIDENT
CLEVELAND under authority of the document above captioned, on or
about 17 December 1972, Appellant did "wrongfully assault and
batter a fellow crewmember, Ronald B. K. Lyman, to wit with a
'buck' knife and that it resulted in his death."
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 portions of
the ship's logbook, statements made before the U.S. Vice-Consul in
Hong Kong by witnesses to the incident, and other documentary
evidence, and also called two witnesses to testify.
In defense, Appellant offered in evidence portions of the
ship's log. He also testified on his own behalf and made several
offers of proof. | Appeal No. 2064 | Suspension and Revocation Appeals Authority | 7/14/1976 | 7/14/1976 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2065 - TORRES | States Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 11 November 1975, an Administrative Law Judge
of the United States Coast Guard at New York, New York, revoked
Appellant's seaman documents, upon finding him guilty of
misconduct. The first specification found proved alleges that while
serving as an oiler on board the United States SS BUCKEYE STATE
under authority of the document above captioned, on or about 22
June 1973, Appellant, while in port at Kandla, India, had in his
possession marijuana and hashish. The second specification found
proved alleges that while serving as an oiler on board the United
States SS EXPORT AGENT under authority of the document above
captioned, on or about 11 April 1974, Appellant did assault and
batter the Third Assistant Engineer.
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 the testimony
of one witness and nine exhibits. | Appeal No. 2065 | Suspension and Revocation Appeals Authority | 7/14/1976 | | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2066 - GILLMAN | 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 21 January 1976, an Administrative Law Judge of
the United States Coast Guard at New York, New York, suspended
Appellant's license for three months outright plus six months on
fifteen months' probation upon finding him guilty of misconduct.
The specifications found proved allege that while serving as
Operator on board the tug SACHEM, with the barge THE CLYDE in tow,
under authority of the license above captioned, on or about 26 July
1975, Appellant did, while said vessels were on Lake Erie,
FIRST, wrongfully navigate the barge THE CLYDE without
navigation lights displayed as required by the Great Lakes Rules of
the Road, and
SECOND, wrongfully navigate the tug SACHEM without keeping a proper
lookout as required by the Great Lakes Rules of the Road.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and each
specification. | Appeal No. 2066 | Suspension and Revocation Appeals Authority | 7/20/1976 | 7/20/1976 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2067 - WHITLOW | 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 11 February 1974, and amended 19 February 1974,
an Administrative Law Judge of the United States Coast Guard at San
Francisco, California, revoked Appellant's seaman documents upon
finding him guilty of the charge of "conviction for a narcotic drug
law violation." The specification found proved alleges that while
being the holder of the document above captioned, on or about 10
April 1973, Appellant was "convicted in court of record for
violation of Health and Safety Code, a Narcotic Drug Law of the
State of California."
At this hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced in evidence an affidavit
of service and a certified Minute Order by the Municipal Court for
the city and county of San Francisco, California, dated April 12,
1973.
In defense, Appellant offered in evidence a certified copy of
an order of the same municipal court dated June 4, 1973. | Appeal No. 2067 | Suspension and Revocation Appeals Authority | 7/26/1976 | 7/26/1976 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2068 - REED | 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 December 1975, an Administrative Law Judge
of the United States Coast Guard at New Orleans, Louisiana, revoked
Appellant's seaman's documents upon finding him guilty of
misconduct. The specifications found proved allege that while
serving as a messman on board the United States SS DEL SOL under
authority of the document above captioned, Appellant on or about,
(1) 28 September 1975, did wrongfully fail to turn
to while the SS DEL SOL was in the foreign
port of Matadi, Zaire, Africa;
(2) 8,9,10,11,12 and 13 October 1975, did
wrongfully fail to turn to while the SS DEL
SOL was in the foreign port of Port Harcourt,
Nigeria, Africa;
(3) 13 October 1975, did wrongfully fail to join
the SS DEL SOL in the foreign port of Port
Harcourt, Nigeria, Africa.
At the hearing, Appellant elected to act as his own counsel
and entered a plea of not guilty to the charge and each
specification. | Appeal No. 2068 | Suspension and Revocation Appeals Authority | 8/2/1976 | 8/2/1976 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2069 - STEELE | This appeal has been taken in accordance with Title 46 Code of
Federal Regulations 5.30-1.
By order dated 26 August 1975, an Administrative Law Judge of
the United States Coast Guard at New Orleans suspended Appellant's
license for 6 months outright upon finding him guilty of
negligence. The specifications found proved allege that while
serving as a Pilot on board the SS ROBERT WATT MILLER under
authority of the license above captioned, on or about 5 February
1975, Appellant: (1) wrongfully navigated the vessel at excessive
speed, contributing to a collision with the Dredge ALASKA and and
Barge GL 142 with loss of life; (2) wrongfully failed to slow or
stop the vessel thereby contributing to the collision; (3)
wrongfully failed to maintain control of the vessel, thereby
contributing to the collision; and (4) wrongfully failed to
initiate passing signals as required by 33 CFR 80.26.
At the hearing, Appellant was represented by professional
counsel and entered a plead of not guilty to the charge and each
specification.
The Investigating Officer introduced in evidence twenty-one
exhibits and the testimony of seven witnesses. | Appeal No. 2069 | Suspension and Revocation Appeals Authority | 8/25/1976 | 8/25/1976 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2070 - PAYNE | 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 24 February 1976, an Administrative Law Judge
of the United States Coast Guard at San Francisco, California,
suspended Appellant's license for one month outright upon finding
him guilty of misconduct. The specification found proved alleges
that while serving as Master on board the M/V MALASPINA under
authority of the license above captioned, on or about 21 June 1975,
Appellant did violate 33 CFR 80.6 by attempting to overtake and
pass the F/V FOREST in Olga Strait, Alaska, without proposing a
means to safely do so and without obtaining a prior assent; thus,
by failing to make his intentions known, did contribute to a
collision with said vessel with resultant loss of life to the
operator.
At the hearing, Appellant was represented by counsel and
entered a plea of not guilty to the charge and specification.
The Investigating Officer introduced in evidence a number of
exhibits and stipulations, and the testimony of two witnesses. | Appeal No. 2070 | Suspension and Revocation Appeals Authority | 9/1/1976 | 9/1/1976 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2071 - WUESTHOFF | This appeal has been taken in accordance with Title 46 Code of
Federal Regulations 5.30-1 and 3.
By order dated 20 May 1975, an Administrative Law Judge of the
United States Coast Guard at San Francisco. California, suspended
Appellant's seaman documents for eight months outright upon finding
him guilty of negligence. The specifications found proved alleges
that while serving as a pilot on board the SS NORFOLK (Lib.), on 22
January 1975, Appellant did negligently cause the vessel to ground
in the vicinity of Anchorage 25, Carquinez Strait, San Francisco
Bay, and later on the same date, negligently failed to correctly
ascertain the conditions of tidal currents thereby causing said
vessel to collide with the south tower of the Benicia-Martinez
Bridge causing severe damage to the support tower protective
cribbing.
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 six witnesses, as well as eighteen exhibits. | Appeal No. 2071 | Suspension and Revocation Appeals Authority | 9/8/1976 | 9/8/1976 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2072 - HOPKINS | This appeal has been taken in accordance with Title 46 Code of
Federal Regulations, Section 5.31-1.
By order dated 21 October 1975 and amended on 7 November 1975,
an Administrative Law Judge of the United States Coast Guard, at
New York, New York, suspended Appellant's license for a period of
twelve months, after hearing held at Baltimore, Maryland, over a
period from 8 October 1974 to 21 July 1975. The specifications
found proved alleged as follows:
FIRST SPECIFICATION: In that you, being
the holder of the captioned document did on or
about 3 August 1973, at Baltimore, Maryland,
knowingly and wrongfully, while occupying the
position of Dean of Administration of the
Maritime Institute of Technology and Graduate
Studies, provide Captain Thomas F. O'Callaghan
with a false document, which document as you
well knew, falsely stated that Captain
O'Callaghan has successfully completed the
course of instruction indicated on the face thereof; to wit, a Maritime Institute of
Technology and Graduate Studies' Certificate
of Advanced Training Collision Avoidance
Radar, dated 26 January 1973; with knowledge
that the said document could be used by
Captain O'Callaghan to obtain, from the United
States Coast Guard, a radar endorsement to his
master's license. | Appeal No. 2072 | Suspension and Revocation Appeals Authority | 9/15/1976 | 9/15/1976 | | 12/21/2017 |