| Suspension and Revocation Appeals Authority | 2447 - HODNETT | This appeal has been taken in accordance with 46 USC 7702 and
46 CFR 5.701.
By order dated 16 January 1986, an Administrative Law Judge of
the United States Coast Guard at Jacksonville, Florida, suspended
Appellant's license for two months, remitted on twelve months'
probation upon finding proved the charge of misconduct. The charge
was supported by two specifications. The first specification found
proved alleges that Appellant, while serving as operator aboard the
M/V BELCHER PENSACOLA, under the authority of the captioned
document, on or about 18 July 1984, wrongfully failed to give
notice as soon as possible to the nearest Coast Guard Marine Safety
Office of the accidental grounding of tank barge Belcher No. 35,
under tow of the BELCHER PENSACOLA, as required by 46 CFR 4.05-1.
The second specification found proved alleges that Appellant, while
acting in the same capacity, on or about 19 July 1984, after an
underwater survey and the unauthorized repair of tank barge Belcher
No. 35 at Key West, Florida, wrongfully failed to make known to
officials designated to enforce inspection laws, at the earliest
opportunity, a marine casualty producing serious injury to said
tank barge. | Appeal No. 2447 | Suspension and Revocation Appeals Authority | 4/10/1987 | 4/10/1987 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2445 - MATHISON | This appeal has been taken in accordance with 46 USC 7702 and
46 CFR 5.701.
By order dated 16 January 1986, an Administrative Law Judge of
the United States Coast Guard at Jacksonville, Florida, suspended
Appellant's license for two months, remitted on twelve months'
probation upon finding proved the charge of misconduct. The
specification found proved alleges that Appellant, while serving as
operator aboard the M/V BELCHER PENSACOLA, under the authority of
the captioned document, on or about 20 July 1984, after an
underwater survey and the unauthorized repair of tank barge Belcher
No. 35 at Key West, Florida, wrongfully failed to make known to
officials designated to enforce inspection laws, at the earliest
opportunity, a marine casualty producing serious injury to said
tank barge in violation of 46 USC 3315.
The hearing was held at Miami, Florida. on 13 March 1985.
At the hearing Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification. | Appeal No. 2445 | Suspension and Revocation Appeals Authority | 3/6/1987 | 3/6/1987 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2443 - BRUCE | This appeal has been taken in accordance with 46 USC 7702 and
46 CFR 5.701.
By order dated 28 April 1986, an Administrative Law Judge of
the United States Coast Guard at Jacksonville, Florida, suspended
Appellant's license outright for one month, plus an additional six
months remitted on twelve months' probation upon finding proved the
charge of negligence. The specification alleges that Appellant,
while serving as operator aboard the M/V MIRIAM M. DEFELICE, under
the authority of the captioned document, failed to properly attain
and/or use available weather information prior to proceeding to sea
with the M/V MIRIAM M. DEFELICE and the tow GULF FLEET 263,
contributing to the failure of the towing connection and grounding
of the barge GULF FLEET 263. A second specification under the
charge of negligence, alleging a failure to properly examine towing
gear, was found not proved and was dismissed.
The hearing was held at Jacksonville, Florida, on 21 and 30
January 1986. | Appeal No. 2443 | Suspension and Revocation Appeals Authority | 1/5/1987 | 1/5/1987 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2442 - ALLBRITTEN | This appeal has been taken in accordance with 46 USC 7702 and
46 CFR 5.701.
By order dated 6 November 1985, an Administrative Law Judge of
the United States Coast Guard at Jacksonville, Florida, suspended
Appellant's license for one month remitted on three months'
probation upon finding proved the charge of negligence. The
specification found proved alleges that Appellant, while serving as
operator aboard the M/V MIRIAM M. DEFELICE, under the authority of
the captioned document, while the vessel was towing the barge GULF
FLEET 263 and navigating in conditions of fog and restricted
visibility on the St. Johns River, failed to navigate the vessel
with caution causing the barge to strike the Buckman Bridge.
The hearing was held at Jacksonville, Florida, on 2 August; 5,
13 and 20 September; and 2 October 1985.
At the hearing Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification. | Appeal No. 2442 | Suspension and Revocation Appeals Authority | 12/16/1986 | 12/16/1986 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2362 - ARNOLD | This appeal has been taken in accordance with 4l United States
Code 239(g) and 46 CFR 5.30-1.
By order dated 17 December 1982, an Administrative Law Judge
of the United States Coast Guard Seattle, Washington, suspended
Appellant's seaman's document for ten months upon finding him
guilty of misconduct. The specification found proved alleges that
while serving as able-bodied seaman on board the SS PRINCE WILLIAM
SOUND under authority of the document above captioned, on or about
12 December 1981 through 19 December 1981, Appellant wrongfully
saved in the capacity noted his document was in the possession of
the Coast Guard in Compliance with a Coast Guard Administrative Law
Judge's order.
The hearing was held in Seattle, Washington on 9 September, 20
October, and 17 December 1982.
At the hearing Appellant was represented by professional
counsel. Prior to arraignment, Appellant moved for dismissal. The
motion was denied. After denial of the motion to dismiss and upon
being arraigned, Appellant entered a plea of guilty to the charge
an specification.
The Investigating Officer introduced in evidence sixteen
documents.
The Appellant offered no defense.
At the end of the hearing, the Administrative Law Judge
rendered and oral decision in which he concluded that the charge
and single specification had been proved by plea. He then served
a written order on Appellant suspending all documents issues to
Appellant for a period of ten months.
The entire decision was served on 12 January 1983. Appeal was
timely filed on 22 December 1982, and perfected on 23 March 1983. | Appeal No. 2362 | Suspension and Revocation Appeals Authority | 6/12/1984 | 6/12/1984 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2312 - HITT III | This appeal has been taken in accordance with 5 U.S.C. 504 and
49 CFR Part 6.
By order dated 21 July 1982, an Administrative Law Judge of
the United States Coast Guard at Norfolk, Virginia denied
Appellant's application for attorney's fees and expenses incurred
as a result of defending himself against a charge of misconduct
brought by the Coast Guard against his Operator's license. One
specification supported the charge of misconduct. It was alleged
that, while serving as Operator aboard tug LARK, under authority of
the license above captioned, on or about 0650 on 11 April 1982,
while transiting the Nanticoke River Entrance, Appellant wrongfully
failed to perform his duties by leaving the tug bridge without
proper relief. Appellant pled guilty to a concurrently filed
negligence charge.
The hearing was held at Norfolk, Virginia on 11 May 1982. At
the conclusion of the hearing, the Administrative Law Judge
rendered an order in which he dismissed the misconduct charge and
specification. | Appeal No. 2312 | Suspension and Revocation Appeals Authority | 5/22/1983 | 5/22/1983 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2300 - STROHECKER | This appeal has been taken in accordance with 5 U.S.C. 504 and
49 CFR Part 6.
By order dated 30 June 1982, an Administrative Law Judge of
the United States Coast Guard at Norfolk, Virginia denied
Appellant's application for attorney's fees and expenses incurred
as a result of defending himself against a charge of negligence
brought by the Coast Guard against his Operator's license. Three
specifications supporting the charge were raised by the Coast
Guard. They alleged that, while serving as Operator aboard Tug
MARIE SWANN, O.N. 253463 under authority of the license above
captioned, on or about 0550, 30 March 1982, in the James River at
or near the City of Newport News in the State of Virginia,
Appellant: (1) negligently failed to navigate said vessel in such
a manner as to preclude the barge said vessel was towing, tank
barge SWANN NO. 17, from alliding with M/V CENTAURO, thereby
damaging said tank barge; (2) negligently navigated said vessel in
such a manner as to endanger the life, limb or property of other
persons, to wit, failing to maintain adequate communications with
said vessel's line handlers, thereby contributing to the loss of
control over the barge said vessel was towing, tank barge SWANN NO.
17, and the allision of said barge with M/V CENTAURO; (3) negligently navigated said vessel in such a manner as to endanger
the life, limb or property of other persons, to wit; failing to
connect the towing hawser before releasing the breast lines,
thereby contributing to the barge said vessel was towing, SWANN NO.
17, being set adrift and alliding with the M/V CENTAURO.
The hearing was held at Norfolk, Virginia on 20 April 1982.
After the presentation of Appellant's defense, the Administrative
Law Judge rendered an order in which he dismissed the charge and
specifications. | Appeal No. 2300 | Suspension and Revocation Appeals Authority | 4/12/1983 | 4/12/1983 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2126 - RIVERA | This appeal has been taken in accordance with the Title 46
United States Code 239(g) Title 46 Code of Federal Regulations
5.30-1
By order dated 21 December 1976, an Administrative Law Judge
of the United States Coast Guard at Jacksonville, Florida suspended
Appellant's license for 3 months on 12 months' probation with
respect to all seaman's documents issued to Appellant upon finding
him guilty of negligence. The specification found proved alleges
that while serving as operator of the United States M/T CABO ROJO
and /or the M/T PUERTO NUEVO under authority of the documents
above captioned, on or about 18 October 1976, Appellant wrongfully
and negligently failed to navigate the Barge MIAMI, with the
assistance of the towing vessels PUERTO NUEVO and CABO ROJO, with
caution, notwithstanding the proximity of a visible buoy, thereby
contributing to a collision between the MIAMI and the Bahia de San
Juan lighted buoy 13 (LLNR1291)
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification. | Appeal No. 2126 | Suspension and Revocation Appeals Authority | 7/3/1978 | 7/3/1978 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2372 - COLLA | This appeal has been taken in accordance with Title 46 CFR
5.30-15(a)(1).
The hearing was held on 2 May 1984 and 7 June 1984 at
Baltimore, Maryland.
By order dated 7 June 1984, an Administrative Law Judge of the
United States Coast Guard at Norfolk, Virginia, suspended
Appellant's license and seaman's document upon finding proved the
charge of misconduct. The specification alleges that while serving
as Second Mate aboard the SS CORONADO, under authority of the
document above captioned, on or about 1 April 1983, Appellant did
fail to perform his duty as deck watch officer by falling asleep on
the wheelhouse settee while the vessel was at anchor.
On 28 June 1984, the Appellant requested a temporary license
and document pending appeal. The Administrative Law Judge denied
the request by his order dated 3 July 1984. | Appeal No. 2372 | Suspension and Revocation Appeals Authority | 10/5/1984 | 10/5/1984 | | 12/7/2017 |
| Suspension and Revocation Appeals Authority | 2310 - MANLEY | This appeal has been taken in accordance with Title 46 CFR
5.30-15.
By order dated 30 December 1982, an Administrative Law Judge
of the United States Coast Guard at Houston, Texas revoked
Appellant's seaman's document upon finding proved the charge of
"conviction for a narcotic drug law violation."
On 4 February 1983 Appellant requested a temporary document
pending appeal. The Administrative Law Judge denied the request by
letter on 7 February 1983.
BASES OF APPEAL
This appeal has been taken from the denial of a temporary
document by the Administrative Law Judge. It is urged that
Appellant should have been issued a temporary document.
OPINION
The decision of the Administrative Law Judge states only that
the request for the temporary document was received and is denied.
This is not sufficient.
The Administrative Procedure Act requires that an agency
rejection of an application "be accompanied by a brief statement of
the grounds for denial." See 5 USC 555e. The grounds must, of | Appeal No. 2310 | Suspension and Revocation Appeals Authority | 5/17/1983 | 5/17/1983 | | 12/20/2017 |
| 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 | 2073 - SCHUESSLER | This appeal has been taken in accordance with Title 46 Code of
Federal Regulations 5.30-1 and 3.
By order dated 20 November 1975, an Administrative Law Judge
of the United States Coast Guard at Houston, Texas, suspended
Appellant's seaman documents for one month outright plus two months
on six months' probation upon finding him guilty of the charge of
"inattention to duty" while acting as a pilot of a steam vessel.
The specification found proved alleges that while serving as a
pilot on board the S.S. SKUKUZA (South Africa) on or about 19 July
1975, Appellant failed to insure that the attending M/V J. HARRIS
MASTERSON was clear before maneuvering his vessel ahead in the
Houston Ship Channel, thereby causing a collision with the M/V J.
HARRIS MASTERSON.
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 ten exhibits. | Appeal No. 2073 | Suspension and Revocation Appeals Authority | 9/15/1976 | 9/15/1976 | | 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 | 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 | 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 |
| Suspension and Revocation Appeals Authority | 2017 - TROCHE | This appeal has been taken in accordance with Title 46 States
Code 239(g) and Title 46 Code of Federal Regulations 137.30-1, now
5.30-1.
By order dated 4 October 1973, 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 allege that while
serving as an oiler on board the United States SS ELIZABETHPORT
under authority of the document above captioned, on or about 18 May
1973, Appellant did wrongfully assault and batter with a dangerous
weapon, to wit, a knife, a member of the crew, Pedreu C. Lewis,
while said 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.
The Investigating Officer introduced in evidence shipping
articles, entries from the official logbook, and the testimony of
two witnesses. | Appeal No. 2017 | Suspension and Revocation Appeals Authority | 3/11/1975 | 3/11/1975 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2268 - HANKINS | This appeal has been taken in accordance with Title 46 U. S.
C. 239(g) and 46 CFR 5.30-1.
By order dated 2 September 1980, an Administrative Law judge
of the United States Coast Guard at Houston, Texas, suspended
Appellant's license for two months, and further suspended his
documents for three months on twelve months' probation, upon
finding him guilty of negligence. The specifications found proved
alleged that while serving as Operator onboard the tug DOMAR
CAPTAIN under authority of the license above captioned, on or about
21 June 1980, Appellant failed to insure that the barge DOMAR 118
was properly secured for sea, and on or about 21-27 June 1980,
failed to adequately check the DOMAR 118 while he had it on a 1500
to 1800 foot tow. The specifications allege that both failures
contributed to the sinking of the DOMAR 118 and subsequent oil
pollution into the navigable waters of the United States on 27 June
1980.
The hearing was held at Tampa, Florida, on 4 August 1980.
At the hearing, Appellant was represented by professional
counsel and entered a plea of guilty to the charge and each specification. | Appeal No. 2268 | Suspension and Revocation Appeals Authority | 12/3/1981 | 12/3/1981 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2277 - BANASHAK | This appeal has been taken in accordance with Title 46 U. S.
C. 239(g) and 46 CFR 5.30-1.
By order dated 28 May 1980, an Administrative Law Judge of the
United States Coast Guard at Houston, Texas, suspended Appellant's
documents for two months on four months' probation upon finding him
guilty of negligence. The specifications found proved allege that
while serving as operator on board M/V GULF HAWK under authority of
the document and license above captioned, on or about 24 February
1980, Appellant: 1)failed to navigate his vessel with due caution
by directing the movement of the vessel and tow to port in a close
quarters situation, thereby contributing to a collision between SS
TEXAS SUN and GULF HAWK's tow; and, 2)failed properly to utilize
the radar while visibility was restricted.
The hearing was held at Port Arthur, Texas, on 19 March 1980.
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 two exhibits
and the testimony of one witness.
Appellant offered no evidence in defense.
At the end of the hearing, the Administrative Law Judge
reserved decision. He subsequently entered findings that the
charge and two specifications had been proved. He then served a
written order on Appellant suspending all documents issued to him
for a period of two months on four months' probation.
The entire decision was served on 29 May 1980. Appeal was
timely filed on 23 June 1980 and perfected on 7 November 1980. | Appeal No. 2277 | Suspension and Revocation Appeals Authority | 6/29/1982 | 6/29/1982 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2269 - WIJNGAARDE | This appeal has been taken in accordance with Title 46 U. S.
C. 239(g) and 46 CFR 5.30-1.
By order dated 8 January 1981, an Administrative Law Judge of
the United States Coast Guard at New York, New York, revoked
Appellant's seaman's document upon finding him guilty of the charge
of misconduct. The two specifications found proved alleged that
"while serving as electrician on board the AUSTRAL ENVOY, on 10
December 1979, while the vessel was in the port of Melbourne,
Australia, he wrongfully failed to perform his assigned duties
between the hours of 1045-1200, and 1300-1700."
The hearing was held at New York, New York, on 4 December
1980.
The Appellant was present at the hearing and was represented
by professional counsel. He entered a plea of not guilty to the
charge and each specification.
The Investigating Officer introduced in evidence two
documents.
Appellant introduced in evidence his own testimony.
Subsequent to the hearing, the Administrative Law Judge
entered a written decision in which he concluded that the charge
and two specifications had been proved. He then entered an order
of suspension for one month and an additional five months on twelve months' probation. | Appeal No. 2269 | Suspension and Revocation Appeals Authority | 12/16/1981 | 12/16/1981 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2284 - BRAHN | This appeal has been taken in accordance with Title 46 U.S.C
239(g) and 46 CFR 5.30-1.
By order dated 19 September 1980, an Administrative Law Judge
of the United States Coast Guard at Norfolk, Virginia admonished
Appellant upon finding him guilty of negligence. The two
specifications found proved allege that while serving as operator
on board M/V KELLEY, O.N. 299658, under authority of the license
above captioned, on or about 18 August 1980, Appellant while
transiting the intracoastal waterway, North Landing River, failed
to maintain control of his tow, the Barge LOVELAND 6, resulting in
two allisions, one at 0150 with the Pungo Ferry Bridge and the
other at 0545 with the Great Bridge Bridge in the
Albermarle-Chesapeake Canal.
The hearing was held at Norfolk, Virginia on 3 September 1980.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and each
specification. | Appeal No. 2284 | Suspension and Revocation Appeals Authority | 10/8/1982 | 10/8/1982 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2358 - BUISSET | This appeal has been taken in accordance with Title 46 U.S.C,.
239(g) and 46 CFR 5.30-1.
By order dated 29 October 1982, an Administrative Law Judge of
the United States Coast Guard at Norfolk, Virginia suspended
Appellant's license for six months on twelve months' probation,
upon finding him guilty of misconduct and negligence. The
specifications found proved under the charge of misconduct allege
that while serving as Operator on board the United States M/V
SHARON B. under authority of the license above captioned, on or
about 24 July, while said vessel was pushing the barge JEANNE MARIE
in the Tangier Sound, Appellant wrongfully failed to maintain a
proper lookout and wrongfully failed to take action to avoid a
collision with the 19 foot motorboat, Registration No. MD-9267-P.
The specification found proved under the charge of negligence
alleges that while serving as aforementioned, on the same date,
while said vessel was pushing the barge JEANNE MARIE in the Tangier
Sound, Appellant failed to navigate the vessel with due caution,
thereby causing a collision with the 19 foot motorboat,
Registration No. MD-9267-P. | Appeal No. 2358 | Suspension and Revocation Appeals Authority | 6/8/1984 | 6/8/1984 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2350 - HINCHCLIFFE | This appeal has been taken in accordance with Title 46 U.S.C. 239(g) and 46 CFR 5.30-1.
By order dated 28 April 1983, an Administrative Law Judge of the United States Coast Guard at Jacksonville, Florida revoked Appellant's license upon finding proved the charge of “conviction for a narcotic drug law violation.” The specification found proved alleged that Appellant, while holder of the above captioned license, was convicted on 11 January 1983 by the United States District Court for the District of Maryland of conspiracy to import marijuana.
The hearing was held at Key West, Florida, on 28 April 1983.
At the hearing, Appellant was represented by professional counsel and entered a plea of not guilty to the charge and specification.
The Investigating Officer introduced into evidence a certified copy of the Judgment of the Court, a copy of the Indictment, and an Affidavit of Service of the charge sheet.
In defense, Appellant offered in evidence his own testimony, the testimony of two additional witnesses, and several documents.
At the hearing, the Administrative Law Judge rendered a decision in which he concluded that the charge and specification had been proved by plea.
The Decision and Order revoking Appellant's license was served on 14 May 1983. Notice of Appeal was timely filed on 24 May 1983 and perfected on 1 August 1983. | Appeal No. 2350 | Suspension and Revocation Appeals Authority | 5/9/1984 | 5/9/1984 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2270 - HEBERT | This appeal has been taken in accordance with Title 46 U.S.C.
239(g) and 46 CFR 5.30-1.
By order date 12 February 1981, an Administrative Law Judge of
the United States Coast Guard at Houston, Texas, suspended
Appellant's seaman's documents for two months, plus two months on
four months' probation, upon finding him guilty of negligence. The
specifications found proved alleged that (1) while serving as
operator on board the United States M/V CAPT. JOHN under authority
of the documents above captioned, on or about 1900 hours 10
December, 1979, Appellant failed to navigate said vessel with
caution by not providing an adequate lookout when his vessel's
visibility was restricted by the barge it was pushing, contributing
to a collision, (2) while serving as aforesaid, fail to navigate
said vessel with caution by not keeping to that side of the
midchannel which was on the starboard side of said vessel,
contributing to a collision, and (3) while serving as aforesaid
fail to sound the appropriate whistle signals, all while navigating
on the Neches River, Texas, in the general vicinity of Port Neches
Park and Jefferson Chemical Company Docks.
The hearing was held at Port Arthur, Texas, on 7 October 1980,
29 October 1980, 13 November 1980 and 26 November 1980.
At the hearing, Appellant was represented by non-professional
counsel and entered a plea of not guilty to each charge and
specification. | Appeal No. 2270 | Suspension and Revocation Appeals Authority | 1/19/1982 | 1/19/1982 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2359 - WAINE | This appeal has been taken in accordance with Title 46 U.S.C.
239(g) and 46 CFR 5.30-1.
By order date 15 December 1981, an Administrative Law Judge of
the United States Coast Guard at Boston, Massachusetts, suspended
Appellant's license for four months, plus four months on twelve
months' probation, upon finding him guilty of negligence and
misconduct. The specifications found proved under the charge of
negligence allege that while serving as Master on board the United
States M/V AURIGA, Appellant on or about 10 August 1981, while
navigating in conditions of fog and restricted visibility:
(1) failed to obtain, or properly use, information available
to him from radar observations to determine the course and
speed of another vessel in his vicinity, thereby contributing
to a collision with the SS NAUSHON;
(2) failed to use the bridge-to-bridge radiotelephone to
determine the course and speed of another vessel in his
vicinity, thereby contributing to a collision;
(3) failed to navigate with caution during fog, notwithstanding the fact that information of the proximity and
approach of another vessel was available to him from radar
observations. | Appeal No. 2359 | Suspension and Revocation Appeals Authority | 6/12/1984 | 6/12/1984 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2304 - HABECK | This appeal has been taken in accordance with Title 46 U.S.C.
239(g) and 46 CFR 5.30-1.
By order date II June 1981, an Administrative Law Judge of the
United States Coast Guard at New York, New York suspended
Appellant's mariner's license for three months, on twelve months'
probation, upon finding him guilty of negligence. The
specification found proved alleged that, while serving as Master on
board the United States SS CHARLESTON under authority of the
license above captioned, on or about 4 April 1980, Appellant failed
to properly supervise the vessel's bridge watch, which contributed
to the grounding of the vessel. Appellant was also charged with
failure to verify the vessel's position. However, this
specification was dismissed at the end of the Investigating
Officer's case upon motion by Counsel.
The hearing was held at New York, New York on 22 and 27
August; 9 and 30 September; 7, 14 and 25 November; and 5 December
1980; 26 Jan; 6 and 25 February; 6 and 24 March; 2 April; and 19
and 20 May 1981.
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 five
exhibits.
In defense, Appellant offered in evidence one exhibit and
testified in his own behalf. | Appeal No. 2304 | Suspension and Revocation Appeals Authority | 5/9/1983 | 5/9/1983 | | 12/20/2017 |
| 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 | 2331 - ELLIOTT | 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 June 1982, an Administrative Law Judge of the
United States Coast Guard at Norfolk, Virginia revoked Appellant's
seaman's document upon finding him guilty of misconduct. The
specification found proved alleges that while serving as Able
Bodied Seaman on board the SS BUTTON GWINNETT under authority of
the captioned document on or about 5 March 1982, Appellant did,
aboard said vessel while at sea in the vicinity of Jeddah, Saudi
Arabia, wrongfully assault and batter a fellow member of the crew,
Dennis P. Carter, with a knife.
The hearing was held at Norfolk, Virginia on 12 May 1982.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced three documents, a chair,
a drawing and the testimony of two witnesses into evidence. | Appeal No. 2331 | Suspension and Revocation Appeals Authority | 11/25/1983 | 11/25/1983 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2273 - SILVERMAN | This appeal has been taken in accordance with Title 46 U.S.C.
239(g) and 46 CFR 5.30-1.
By order dated 10 July, 1980, an Administrative Law Judge of
the United States Coast Guard at San Francisco, California,
suspended Appellant's United States Coast Guard Merchant Mariner's
Document No. [REDACTED]-D3 for six months outright plus an
additional period of six months on twelve months' probation, upon
finding him guilty of two specifications of misconduct, assault and
battery and disobedience of a lawful order. The specifications
found proved alleged that while serving as Fireman/Watertender
onboard SS JOHN LYKES, under authority of the captioned document
Appellant did, on or about 18 February 1980, assault and battery
the Second Assistant Engineer, and on or about 11 February 1980 did
fail to obey a lawful order of the Second Assistant Engineer by
changing fuel oil strainers in the engine room without permission.
A second specification of failure to obey an order was found not
proved.
The hearing was held at San Francisco, California, in seven
sessions between 5 May 1980 and 3 July 1980. | Appeal No. 2273 | Suspension and Revocation Appeals Authority | 4/8/1982 | 4/8/1982 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2357 - GEESE | 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 March 1983, an Administrative Law Judge of
the United States Coast Guard at Alameda, California, suspended
Appellant's license and merchant mariner's document for a period of
six months, remitted on twelve months probation, upon finding him
guilty of misconduct. Three specifications were found proved. The
first alleges that on 7 February 1982, Appellant, while serving as
second mate on board the SS PRESIDENT MADISON under authority of
the above captioned documents, failed to perform his duties due to
intoxication. The second and third specifications allege failure
to obey direct orders of the Master to go below after being
relieved of his bridge watch.
The hearing was initially convened on board the SS PRESIDENT
MADISON at San Francisco, California on 16 August 1982, and
continued at Alameda, California on 9 November 1982, 7 February
1983, and 14 February 1983.
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 and several documents. | Appeal No. 2357 | Suspension and Revocation Appeals Authority | 6/8/1984 | 6/8/1984 | | 12/20/2017 |
| 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 | 2260 - BOGGAN | This appeal has been taken in accordance with Title 46 U.S.C.
239(g) and 46 CFR 5.30-1.
By order dated 12 December 1979, an Administrative Law Judge
of the United States Coast Guard at Mobile, Alabama, suspended
Appellant's documents outright for two months, plus four months on
twelve months' probation, upon finding him guilty of misconduct.
The specification found proved alleged that while serving as First
Assistant Engineer on board SS INTREPID under authority of the
documents above captioned, on or about 11 September 1979, Appellant
wrongfully deserted the vessel at a foreign port, to wit: Guam,
Mariana Islands.
The hearing was held at Mobile, Alabama, on 16 November 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 four
exhibits. | Appeal No. 2260 | Suspension and Revocation Appeals Authority | 7/30/1981 | 7/30/1981 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2259 - ROGERS | This appeal has been taken in accordance with Title 46 U.S.C.
239(g) and 46 CFR 5.30-1.
By order dated 12 December 1980, an Administrative Law Judge
of the United States Coast Guard at St. Louis, Missouri, suspended
Appellant's license for one month on twelve months' probation, upon
finding him guilty of negligence. The specification found proved
alleged that while serving as operator on board M/V CITY OF
PITTSBURGH under authority of the license above captioned, on or
about 1 October 1980, Appellant failed to maintain a proper watch
on river conditions, which contributed to the grounding of tank
barge AO-98 due to falling river conditions.
The hearing was held at Louisville, Kentucky, on 19 November
1980.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced in evidence the testimony
of two witnesses and seven documents. | Appeal No. 2259 | Suspension and Revocation Appeals Authority | 7/29/1981 | 7/19/1981 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2271 - HAMILTON | This appeal has been taken in accordance with Title 46 U.S.C.
239(g) and 46 CFR 5.30-1.
By order dated 12 February 1981, 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 in part alleged that
while serving as Chief Cook on board SS TEXACO MARYLAND under
authority of the document above captioned, on or about November 24,
1979, Appellant, while said vessel was proceeding to anchorage in
New York Harbor, did wrongfully assault and batter with a
potentially dangerous weapon, to wit: a stateroom metal trashcan,
a member of the crew, Robert M. Jannah (also known as Robert I.
Muhammed).
The hearing was held at Corpus Christi, Texas, on 20 January
1981.
At the hearing, Appellant elected to act as his own counsel
and entered a plea of not guilty to the charge and specification. | Appeal No. 2271 | Suspension and Revocation Appeals Authority | 3/2/1982 | 3/2/1982 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2335 - PRIDGEN | This appeal has been taken in accordance with Title 46 U.S.C.
239(g) and 46 CFR 5.30-1.
By order dated 13 May 1980, an Administrative Law Judge of the
United States Coast Guard at Boston, Massachusetts suspended
Appellant's license and document for four months, upon finding him
guilty of negligence and misconduct. The specification of the
negligence charge alleges that while serving as pilot of the M/V
GREAT LAKES, under authority of the license and document above
captioned, on or about 9 October 1979, Appellant navigated that
vessel in a negligent manner by allowing it to allide with moored
construction barges at the Brightman Street Bridge, Fall River,
Massachusetts. The specification of the misconduct charge alleges
that while Appellant was serving as pilot he did so without a
proper endorsement on his license.
The Master of the vessel, Egil K. Pedersen, was also charged
with negligence and misconduct.
The hearing was held in joinder with that of the Master at
Providence, Rhode Island on 12 October 1979, 8 November 1979, 11
December 1979 and 4 January 1980. | Appeal No. 2335 | Suspension and Revocation Appeals Authority | 12/9/1983 | 12/9/1983 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2301 - SIEMS | This appeal has been taken in accordance with Title 46 U.S.C.
239(g) and 46 CFR 5.30-1.
By order dated 14 April 1981, an Administrative Law Judge of
the United States Coast Guard at Seattle, Washington revoked
Appellant's seaman's document upon finding him guilty of the charge
of "conviction for a narcotic drug law violation." The
specification found proved alleges that Appellant, while the holder
of the captioned document, was convicted on II December 1980, of
conspiracy to deliver a controlled substance, in the Superior
Court of the State of Washington for Kitsap County.
The hearing was held at Seattle, Washington on 17 March and 14
April 1981.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced four documents into
evidence including a certified copy of the order of the Superior
Court of the State of Washington for Kitsap County which deferred sentence and granted probation.
Appellant offered nothing in his own defense.
At the end of the hearing, on 14 April 1981, the
Administrative Law Judge rendered an oral decision in which he
concluded that the charge and specification had been proved. He
then served a written order on Appellant revoking all documents
issued to Appellant.
The order was served on Appellant in an open hearing on 14
April 1981. The complete decision and order was served on counsel
on 30 April 1981. Appeal was timely filed on 20 April 1981 and
perfected on 28 July 1981. | Appeal No. 2301 | Suspension and Revocation Appeals Authority | 4/13/1983 | 4/13/1983 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2257 - MALANAPHY | This appeal has been taken in accordance with Title 46 U.S.C.
239(g) and 46 CFR 5.30-1.
By order dated 14 July 1980, an Administrative Law Judge of
the United States Coast Guard at Seattle, Washington, suspended
Appellant's seaman's documents for two months on eight months'
probation, upon finding him guilty of the charge of misconduct.
The specification found proved alleges that while serving as Chief
Mate on board the M/V WALLA WALLA, under authority of the license
above captioned, on or about 10 May 1980, Appellant failed to
respond promptly to a passenger's timely summons for help, thereby
being unavailable to avert an assault which subsequently occurred,
resulting in injury to a crew member.
The hearing was held at Seattle, Washington, on 30 June and 1
July 1980.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced in evidence the testimony
of four witnesses and nine documents.
In defense, Appellant offered in evidence the testimony of
three person, including his own, and one document. | Appeal No. 2257 | Suspension and Revocation Appeals Authority | 6/10/1981 | 6/10/1981 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2325 - PAYNE | This appeal has been taken in accordance with Title 46 U.S.C.
239(g) and 46 CFR 5.30-1.
By order dated 14 July 1982, 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 Operator on board the
M/V ISABEL A. McCALLISTER, under authority of the captioned license
on 1 February 1982, Appellant did, at or near the City of
Portsmouth in the Commonwealth of Virginia on the Elizabeth River,
negligently fail to safely navigate said vessel in such a manner as
to preclude it from alliding with the Elizabeth River Portsmouth
Marine Terminal Bouy NR4 (LLP 332).
The hearing was held at Norfolk, Virginia on 22 April and 14
July 1982.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification. | Appeal No. 2325 | Suspension and Revocation Appeals Authority | 9/29/1983 | 9/29/1983 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2326 - MCDERMOTT | This appeal has been taken in accordance with Title 46 U.S.C.
239(g) and 46 CFR 5.30-1.
By order dated 14 May 1982, 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 person in charge of oil transfer
operations on board the United States SS SANTA MAGDALENA under
authority of the license above captioned, on or about 6 May 1981,
Appellant negligently allowed oil to be transferred to number 4
deep tank, thereby allowing a discharge of approximately one gallon
of oil into the navigable waters of the United States.
At the hearing on 22 July 1981, 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 one witness and three exhibits. | Appeal No. 2326 | Suspension and Revocation Appeals Authority | 9/28/1983 | 9/28/1983 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2316 - MCNAUGHTON | 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 January 1981, an Administrative Law Judge of
the United States Coast Guard at Boston, Massachusetts admonished
Appellant upon finding him guilty of negligence. The specification
found proved alleged that while serving as master on board S.S. BAY
STATE under authority of the documents above captioned, on or about
29 July 1980, Appellant allowed said vessel to sail with
insufficient metacentric height to meet the requirements set forth
in the vessel's Trim and Stability Booklet.
The Hearing was held at Boston, Massachusetts on 21 October,
13 November, and 8 December 1980, and 6 January 1981.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced in evidence 8 exhibits
and the testimony of 2 witnesses including an expert on the
calculation of metacentric height.
In defense, Appellant offered in evidence 4 exhibits, his own
testimony, and the testimony of one other witness. | Appeal No. 2316 | Suspension and Revocation Appeals Authority | 8/31/1983 | 8/31/1983 | | 12/20/2017 |
| 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 | 2231 - AUSTIN | 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 November 1979, an Administrative Law Judge
of the United States Coast Guard at Boston, Massachusetts, revoked
Appellant's seaman's document upon finding him guilty of
misconduct. The specification found proved alleged that while
serving as Day Maintenanceman aboard SS EXPORT BANNER under
authority of the document above captioned, on or about 13 August
1976, while said vessel was in the port of Brooklyn, New York,
Appellant wrongfully had in his possession certain narcotics, to
wit, marijuana and opium.
The hearing was held at Baltimore, Maryland, on 24 July 1979,
and in Boston on 14 August and 27-28 September 1979.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification.
The Investigation Officer introduced in evidence nine
documents.
In defense, Appellant offered in evidence his own testimony
and the testimony of seven other 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 served a written order on
Appellant revoking all documents issued to him. | Appeal No. 2231 | Suspension and Revocation Appeals Authority | 9/16/1980 | 9/16/1980 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2337 - NYBORG | This appeal has been taken in accordance with Title 46 U.S.C.
239(g) and 46 CFR 5.30-1.
By order dated 16 February 1983, an Administrative Law Judge
of the United States Coast Guard at Long Beach, California
admonished Appellant. The specification found proved alleges that
while serving as Pilot on board the United States SS SAN MARCOS and
directing the movements of said vessel under authority of the
license above captioned, on or about 12 May 1981, Appellant failed
to initiate adequate and timely evasive maneuvers to avoid
collision with the F/V SANDRA LINN while overtaking said vessel in
the vicinity of the Bay Bridge in San Francisco Bay.
The hearing was held at San Francisco, California, on 28 July,
11,21,26 and 31 August 1981.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty.
The Investigating Officer introduced in evidence several
documents and the testimony of three witnesses. | Appeal No. 2337 | Suspension and Revocation Appeals Authority | 1/6/1984 | 1/6/1984 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2243 - TRIGG | This appeal has been taken in accordance with Title 46 U.S.C.
239(g) and 46 CFR 5.30-1.
By order dated 16 January 1980, an Administrative Law Judge of
the United States Coast Guard at New York, New York, suspended
Appellant's license for one month, plus two months on nine months'
probation, upon finding him guilty of the charge of "inattention to
duty." The specification found proved alleges that while serving
as Second Assistant Engineer on board SS AMERICAN ARGOSY under
authority of the document and license above described, on or about
24 May 1979, while the vessel was in Baltimore, Appellant
negligently failed to adequately conduct oil transfer between No.
7 starboard fuel oil tank and No. 2 starboard settling tank,
causing overflow of the settling tank into Baltimore Harbor and
pollution of navigable waters of the United States (about 2
barrels).
The hearing was held at New York, New York, on 20 June, 20
July, 16 August and 20 September 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's evidence consisted of the
testimony of one witness, the engine log, and documents concerning
tank loading.
In defense, Appellant offered his own testimony. Appellant
also offered one document which was not admitted. | Appeal No. 2243 | Suspension and Revocation Appeals Authority | 4/2/1981 | 4/2/1981 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2278 - BELTON | This appeal has been taken in accordance with Title 46 U.S.C.
239(g) and 46 CFR 5.30-1.
By order dated 16 November 1981, an Administrative Law Judge
of the United States Coast Guard at Norfolk, Virginia, suspended
Appellant's license for two months plus six months on eight months'
probation upon finding him guilty of negligence. The specification
found proved alleges that while serving as operator on board United
States M/V CROCHET No. 2 under authority of the license above
captioned, on or about 7 June 1981, Appellant negligently navigated
said vessel causing a barge the vessel was towing to allide with
the grounded S/V TALOFA LEE, damaging the pleasure craft.
A hearing was held at Norfolk, Virginia, on 15 October 1981
and continued on 19 October 1981.
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 four witnesses and four exhibits. | Appeal No. 2278 | Suspension and Revocation Appeals Authority | 7/14/1982 | 7/14/1982 | | 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 | 2355 - RHULE | 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 March 1982, and Administrative Law Judge of
the United States Coast Guard at Jacksonville, Florida, revoked
Appellant's license upon finding him guilty of conviction for a
narcotic drug law violation. The specification found proved
alleges that Appellant, while holder of the captioned license, was
convicted on 10 August 1981 of possession of narcotics, to wit,
cannabis, by the Circuit Court of the Seventeenth Judicial Circuit
for Broward County, Florida.
The hearing was held in Miami, Florida on 12 March 1982. At
the hearing, Appellant represented himself and entered a plea of
not guilty to the charge and specification.
The Investigating Officer introduced into evidence two
documents.
In defense, Appellant introduced various items of documentary
evidence and made an unsworn statement in mitigation. | Appeal No. 2355 | Suspension and Revocation Appeals Authority | 6/5/1984 | 6/5/1984 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2346 - WILLIAMS | 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 May 1982, an Administrative Law Judge of the
United States Coast Guard at Seattle, Washington revoked
Appellant's seaman's document upon finding him guilty of
misconduct. The specification found proved alleges that while
serving under authority of the document above captioned, on or
about 12 February 1982, Appellant wrongfully and fraudulently
presented to the U.S. Coast Guard Marine Safety Office, Portland,
Oregon, his Merchant Mariner's Document wrongfully altered in
violation of 18 U.S.C. 2197 by the addition of a "Demac"
endorsement, in an attempt to obtain a duplicate document with an
endorsement to which he was not entitled.
The hearing was held at Seattle, Washington on 11 May 1982.
At the hearing, Appellant elected to act as his own counsel
and entered a plea of not guilty to the charge and the
specification.
The Investigating Officer introduced in evidence the testimony
of two witnesses and eleven documentary exhibits.
In defense, Appellant offered in evidence his own testimony.
At the end of the hearing, the Administrative Law Judge
rendered an oral decision in which he concluded that the charge and
the specification has been proved. He then served a written order
on Appellant revoking all documents issued to Appellant. | Appeal No. 2346 | Suspension and Revocation Appeals Authority | 3/30/1984 | 3/30/1984 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2280 - ARNOLD | This appeal has been taken in accordance with Title 46 U.S.C.
239(g) and 46 CFR 5.30-1.
By order dated 18 September 1981, 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
misconduct and physical incompetence. The specifications found
proved alleged that Appellant while serving as crew messman aboard
the SS AUSTRAL LIGHTING, under authority of the captioned document,
(1) did on or about 6 June 1981 fail to perform his assigned
duties, by not serving breakfast; (2) did on or about 10 June 1981
while the vessel was in Sydney, Australia, fail to perform his
duties, by not serving supper; (3) did on or about 10 June 1981
while the vessel was in Sydney, Australia fail to join for the
continued voyage to Melbourne, Australia; (4) did on or about 20
June 1981, fail to perform his duties for reasons of intoxication;
(5) did on or about 21 June 1981, fail to perform his duties for
reasons of intoxication; (6) did on or about 22 June 1981 while
vessel was in Brisbane, Australia, fail to join for the continued
voyage to San Francisco, California; (7) was on or about 21 June
1981 while the vessel was in port at Brisbane, Australia, and at
the time of the hearing was, physically incompetent to perform the duties of an American merchant seaman due to diabetes mellitus,
pancreatitis, and alcohol abuse. | Appeal No. 2280 | Suspension and Revocation Appeals Authority | 7/22/1982 | 7/22/1982 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2261 - SAVOIE | This appeal has been taken in accordance with Title 46 U.S.C.
239(g) and 46 CFR 5.30-1.
By order dated 19 June 1979, an Administrative Law Judge of
the United States Coast Guard at Boston, Massachusetts, suspended
Appellant's license for two months upon finding him guilty of the
charges of misconduct and negligence. The specifications found
proved alleged that while serving as Master on board SS FORT WORTH,
O.N. 247276, under authority of the documents above captioned, on
or about 21 February 1979, Appellant while navigating the vessel in
the Taunton River, Fall River, Massachusetts, negligently failed to
insure that the vessel's position was fixed and plotted on the
chart of the area as required by 33 CFR 164.11, thereby
contributing to the grounding of the vessel; and that while engaged
as aforeside Appellant wrongfully failed to notify the nearest
Marine Inspection Officer as soon as possible of the grounding of
the vessel in the Taunton, Fall River, Massachusetts, as required
by 46 CFR 4.05-1.
The hearing was held at Providence, Rhode Island, on 12 March
and 17-18 April 1979. | Appeal No. 2261 | Suspension and Revocation Appeals Authority | 8/12/1981 | 8/12/1981 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2349 - CANADA | This appeal has been taken in accordance with Title 46 U.S.C.
239(g) and 46 CFR 5.30-1.
By order dated 2 June 1981, an Administrative Law Judge of the
United States Coast Guard at Port Arthur, Texas, suspended
Appellant's Ocean Operator's license and Merchant Mariner's
document for one month on three months' probation, upon finding him
guilty of negligence. The specification found proved alleges that,
while serving as Operator on board the M/V WANDA LOUISE under
authority of the above captioned licenses and document on or about
3 April 1981, Appellant failed to properly supervise the transfer
of oil within the vessel which failure resulted in the discharge of
about 1,000 gallons of oil into the Calcasieu River, a navigable
waterway of the United States.
The hearing was held at Port Arthur, Texas on 12 May 1981.
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 four exhibits and the
testimony of one witness into evidence.
In defense, Appellant offered his own testimony, the testimony
of one witness and four exhibits. | Appeal No. 2349 | Suspension and Revocation Appeals Authority | 5/11/1984 | 5/11/1984 | | 12/20/2017 |