| 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 | 2262 - SHERMAN | 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 June 1980, an Administrative Law Judge of
the United States Coast Guard at Boston, Massachusetts, suspended
Appellant's license and document for two months, upon finding him
guilty of misconduct. The single specification found proved
alleges that while serving as Master on board the United States M/V
OCEAN PRINCE, O.N. 276461, under authority of the document and
license above captioned, on or about 1545, on 10 March 1980,
Appellant wrongfully failed to notify the nearest Marine Inspection
Office as soon as possible of the collision of the Tank Barge
HYGRADE 42, O.N. 515005 with the fender system of the Brightman
Street Bridge in the Taunton River, causing damage in excess of
fifteen hundred ($1500) dollars, as required by 46 CFR 4.05-1.
The hearing was held at Providence, Rhode Island, on 25 March
and 14 April 1980.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and specification. | Appeal No. 2262 | Suspension and Revocation Appeals Authority | 8/31/1981 | 8/31/1981 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2263 - HESTER | 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 31 October 1979, an Administrative Law Judge of
the United States Coast Guard at San Francisco, California,
suspended Appellant's seaman's document for nine months, plus three
months on twelve months' probation, upon finding him guilty of
misconduct. four specifications were alleged to support the
amended charge:
First Specification: In that [Appellant], while serving as
able Bodied Seaman aboard SS TRANSCOLORADO under authority of the
captioned document, did not or about the 25th of February 1978,
while said vessel was in the port of Liverpool, England, wrongfully
assault and batter a fellow crewmember, Mr. Gerald R. Drayney.
Second Specification: In that [Appellant], while serving as
Able Seaman aboard the SS SANTA MARIA, under authority of the
captioned document did on or about 4 November 1978, while said
vessel was at sea, wrongfully fail to perform his duties properly
due to intoxication.
Third Specification: In that [Appellant], while serving on
the SS SANTA MARIA, did on or about 4 November 1978, fail to obey
a lawful order of the Master. | Appeal No. 2263 | Suspension and Revocation Appeals Authority | 9/8/1981 | 9/8/1981 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2264 - MCKNIGHT | This appeal has been taken in accordance with 46 U.S.C. 239(g)
and 46 CFR 5.30-1.
By order dated 11 December 1980, an Administrative Law Judge
of the United States Coast Guard at New York, New York, suspended
Appellant's Operator's License for two months on nine months'
probation, upon finding him guilty of negligence. The
specification found proved alleged that while serving as Operator
on board the Tug Holly under authority of the license above
captioned, on or about 8 March 1980, Appellant negligently absented
himself from the wheelhouse of the said vessel, leaving the
responsibilities of navigation of the said vessel and its tow to an
unlicensed deckhand, Woodard Willis, thereby contributing to the
said vessel's collision with the N.C. Highway #58 Bridge across the
Atlantic Intracoastal Waterway at approximately Mile 225.9.
The hearing was held at Wilmington, North Carolina, on 28
August 1980.
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. 2264 | Suspension and Revocation Appeals Authority | 9/8/1981 | 9/8/1981 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2265 - CAREY | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and 46 Code of Federal Regulations 5.30-1.
By order dated 30 April 1980, and Administrative Law Judge of
the United States Coast Guard at Long Beach, California, suspended
Appellant's merchant mariner's document and all other valid Coast
Guard documents for three (3) months on six (6) months' probation,
upon finding him guilty of wrongful failure to join his vessel.
The specification found proved alleges that while serving as able
bodied seaman aboard SS BEAVER STATE under authority of the
document above captioned, on 24 November 1978, Appellant wrongfully
failed to join his vessel off Labuan, Malaysia.
The hearings were held at Long Beach, California, on 11
December 1979, and 8 January, 20 March and 11 April 1980.
At the hearings on 11 December 1979 and 11 April 1980,
Appellant appeared pro se, having been advised of his right
to be represented by counsel of his choice and having waived this
right at the hearing on 11 December 1979. At the hearing on 8
January 1980, the disposition of John Manning was taken on behalf
of Appellant without Appellant or counsel present. At the brief
hearing on 20 March 1980, the proceedings were continued, at
Appellant's prior request, to 11 April 1980. At the hearing on 11
December 1979, Appellant had entered a plea of not guilty to the
charge and both specifications. | Appeal No. 2265 | Suspension and Revocation Appeals Authority | 9/10/1981 | 9/10/1981 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2266 - BRENNER | This appeal has been taken in accordance with 46 U.S.C. 239(g)
and 46 CFR 5.30-1.
By order dated 5 January 1981, an Administrative Law Judge of
the United States Coast Guard at Norfolk, Virginia, suspended
Appellant's License for a period of one month and further suspended
it for two months on probation for two months, upon finding him
guilty of negligence. The specification found proved alleged that
Appellant, while serving as Operator aboard the Tug FORT McHENRY,
under the authority of the captioned document, did at about 0625 on
or about 5 December 1980, in the James River in the state of
Virginia, at or near the city of Richmond, fail to safely navigate
said vessel in such a manner as to preclude the barge she was
pushing from grounding on the edge of the channel.
At the hearing, Appellant was represented by non-professional
counsel. Appellant entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced into evidence the
testimony of five witnesses and four documents, one being a video
tape recording of the vessels during the period in question. | Appeal No. 2266 | Suspension and Revocation Appeals Authority | 10/13/1981 | 10/13/1981 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2267 - ERVAST | This appeal had been taken in accordance with Title 46 U.S.C.
239(g) and 46 CFR 5.30-1.
By order dated 2 June 1980, an Administrative Law Judge of the
United States Coast Guard at Seattle, Washington, revoked
Appellant's captioned license upon finding him guilty of negligence
and incompetence. The specifications found proved allege that
while serving as Third Mate on board SS PIONEER COMMANDER under
authority of the license above captioned Appellant was negligent:
(1) on 11 January 1980, during his 0800 1200 watch, by failure to
fix the vessel's position, while transiting the San Bernadina
Straits, R.P.; (2) on 11 January 1980, during his 2000 to 2400
watch, by failure to fix the vessel's position while transiting the
Sibuyan Sea, R.P.; (3) on 24 January 1980, during his 2000 to 2400
watch, by failure to locate the navigation light control panel in
order to secure the anchor lights and energize the navigation
lights; (4) on 31 January 1980, during his 0800 to 1200 watch, by
failure to fix the vessel's position while navigating from Pusan to
Chin Hae, Korea; (5) on 31 January 1980, during his 0800 tp 1200
watch, by failure to take anchor bearings to fix the vessel's
position after anchoring at Chin Hae, Korea; (6) on 3 February
1980, during his 2000 to 2400 watch, by failure to accurately fix
said vessel's position while transiting Osumi Kaykyo (Van Dieman Strait, Japan); (7) on 15 February 1980, by plotting said vessel's
position at 1912 about 15 miles from its true position, while said
vessel was in Pearl Harbor Channel, and (8) on 15 February 1980 by
plotting an incorrect 2400 dead reckoning position for the vessel;
and was incompetent by his acts and omissions, while standing deck
watches on a foreign voyage, which demonstrated that he did not
possess and exercise the professional skills of an ordinary,
prudent, licensed third mate from 11 January to 15 February 1980. | Appeal No. 2267 | Suspension and Revocation Appeals Authority | 11/12/1981 | 11/12/1981 | | 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 | 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 | 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 | 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 | 2272 - PITTS | This appeal has been taken in accordance with Title 46 U.S.C.
239(g) and 46 CFR 5.30-1.
By order dated 9 March 1981, an Administrative Law Judge of
the United States Coast Guard at Jacksonville, Florida, suspended
Appellant's seaman's documents for one month, plus three months on
twelve months' probation upon finding him guilty of one charge of
negligence and one charge of misconduct. The respective supporting
specifications found proved alleged: that while serving as
Operator on board the M/V MORANIA #16 and Tow Barge MORANIA #400
under authority of the license above captioned on 19 February 1980,
Appellant's flotilla collided with berth 2 of South Carolina State
Ports Authority Columbia Street Terminal in Charleston, South
Carolina; and that Appellant, while serving as aforesaid,
wrongfully exceeded the scope of his license by navigating from the
high seas into inland waters to wit: Charleston Harbor, S.C.,
without having aboard a properly licensed pilot as required by 46
U.S.C. 364. A third charge, sounding in "Violation of Law," was
found not proved.
The hearing was held at Charleston, South Carolina on May 22,
1980. | Appeal No. 2272 | Suspension and Revocation Appeals Authority | 3/30/1982 | 3/30/1982 | | 12/21/2017 |
| 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 | 2274 - SMART | This appeal has been taken in accordance with 46 U.S.C. 239(g)
and 46 CFR 5.30-1
By order dated 28 July 1981, an Administrative Law Judge of
the United States Coast Guard at Long Beach, California, suspended
Appellant's seaman's documents for two months on six months'
probation, upon finding him guilty of misconduct. The
specification found proved alleged that while serving as Tankerman
on board the Crowley Barge 4 under authority of the document above
captioned, on or about 16 June 1981, Appellant wrongfully smoked a
cigarette on the weather deck of said vessel while not in a gas
free condition at Long Beach Berth 233 while bunkering the M/V
ORIENTAL EXECUTIVE.
The hearing was held at Long Beach, California, on 6 and 16
July 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 one document,
and an agreed stipulation of facts.
In defense, Appellant offered in evidence the testimony of two
witnesses, including his own, and documentary exhibits. | Appeal No. 2274 | Suspension and Revocation Appeals Authority | 5/5/1982 | 5/5/1982 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2276 - LUDLUM | This review 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 4 October 1977, an Administrative Law Judge of
the United States Coast Guard at Norfolk, Virginia, suspended
Appellant's license for one month on twelve months' probation upon
finding hin guilty of neglignece after a hearing held at
Wilmington, North Carolina. The specification found proved alleges
that while serving as pilot of M/V TORRENT under authority of the
license above captioned, on or about 23 August 1976, Appellant
wrongfully failed to sound a danger signal upon meeting SS EASTERN
SUN near buoy 50, on the Cape Fear River, thereby contributing to
a collision between his vessel and SS EASTERN SUN.
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, the deposition of another witness, and several
documents. | Appeal No. 2276 | Suspension and Revocation Appeals Authority | 6/1/1982 | 6/1/1982 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2275 - ALOUISE | This appeal had been taken in accordance with 46 U.S.C. 239(g)
and 46 CFR 5.30-1.
By order dated 18 May 1981, an Administrative Law Judge of the
United States Coast Guard at St. Louis, Mo. suspended Appellant's
license for 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 M/V R. E. DOYLE under
authority of the license above captioned, on or about 9 May 1980,
Appellant operated his vessel in a negligent manner creating an
excessive wake which caused 15 barges to break loose from their
moorings at Cleancoal Terminal Facility, Mile 535.2 L/B Ohio River.
A hearing was held at Cincinnati, Ohio on 1 April and
rehearing was held on 7 May 1981 to hear the testimony of a defense
witness.
At the hearings, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification. | Appeal No. 2275 | Suspension and Revocation Appeals Authority | 6/4/1982 | 6/4/1982 | | 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 | 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 | 2279 - LEWIS | This appeal has been taken in accordance with Title 46 U.S.C.
239(g) and 46 CFR 5.30-1.
By order dated February 11, 1981, an Administrative Law Judge
of the United States Coast Guard at New Orleans, Louisiana, revoked
Appellant's seaman's document upon finding him guilty of
misconduct. The amended specifications found proved alleged that
while serving as Wiper on board the SS DELTA SUD under authority of
the document above captioned, on or about 5 February 1981,
Appellant wrongfully possessed a narcotic drug aboard the vessel,
to wit: marijuana and did wrongfully engage in disorderly conduct
by using foul and abusive language to both the officers of the
DELTA SUD and Coast Guard marine inspectors.
The hearing was held at New Orleans, Louisiana, on 11 February
1981.
At the hearing, Appellant elected to act as his own counsel
and entered a plea of not guilty to the charge and specifications.
The Investigating Officer introduced in evidence the testimony
of two witnesses and five exhibits.
In defense Appellant testified on his own behalf.
At the end of the hearing, the Administrative Law Judge
rendered an oral decision in which he concluded that the charge and both specifications had been proved. He then served a written
order on Appellant revoking all documents issued to Appellant. | Appeal No. 2279 | Suspension and Revocation Appeals Authority | 7/16/1982 | 7/16/1982 | | 12/21/2017 |
| 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 | 2281 - BROMAN | 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 January 1980, an Administrative Law Judge of
the United States Coast Guard at St. Louis, Missouri, admonished
Appellant upon finding him guilty of misconduct. The specification
found proved alleges that while serving as Master on board the
United States M/V W.W. HOLLOWAY under authority of the license
above captioned, on or about 17 September 1979, Appellant departed
the port of Milwaukee, WI, for Chicago, IL, and traversed Lake
Michigan without the required licensed personnel aboard as required
by the vessel's certificate of inspection, to wit: the vessel
sailed without the second mate having the proper endorsement to be
a first class pilot upon Lake Michigan.
The hearing was held at Chicago, IL on 18 October 1979.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced in evidence the testimony
of one witness and three documents.
The Appellant did not testify, call witnesses or introduce any
documents. | Appeal No. 2281 | Suspension and Revocation Appeals Authority | 8/16/1982 | 8/16/1982 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2283 - FUEHR | 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 January 1980, an Administrative Law Judge of
the United States Coast Guard at St. Louis, Missouri, admonished
Appellant upon finding him guilty of misconduct. The specification
found proved alleges that while serving as Second Mate on board the
United States M/V W.W. HOLLOWAY under authority of the license
above captioned, on or about 17 September 1979, Appellant
wrongfully departed the port of Milwaukee, WI, for Chicago, IL, and
traversed Lake Michigan without the required endorsement on his
license to wit: first class pilot upon the waters of Lake Michigan.
The hearing was held at Chicago, IL on 18 October 1979.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced in evidence the testimony
of one witness and three documents. | Appeal No. 2283 | Suspension and Revocation Appeals Authority | 8/24/1982 | 8/24/1982 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2282 - LITTLEFIELD | This appeal has been taken in accordance with 46 U.S.C. 239(g)
and Title 46 Code of Federal Regulations 5.30-1.
By order dated 23 November 1979, an Administrative Law Judge
of the United States Coast Guard at Portland, Maine, suspended
Appellant's license for 1 month on 12 months probation. The
specification of the negligence charge found proved alleged that
Appellant, while serving as operator of M/V CAPTAIN LARRY, under
authority of the captioned license, did at about 1315 on 6 August
1979, fail to adequately take into account the fall of the tide,
causing said vessel to ground in the vicinity of Brewer's Boatyard
Docks, Great Chebeague Island, Maine.
At the hearing, Appellant was represented by counsel.
Appellant entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced into evidence the
testimony of four witnesses, and thirteen documents.
In defense Appellant introduced his own testimony and three
documents. | Appeal No. 2282 | Suspension and Revocation Appeals Authority | 8/24/1982 | 8/24/1982 | | 12/20/2017 |
| 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 | 2285 - PAQUIN | This appeal was taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 29 April 1982, an Administrative Law Judge of
the United States Coast Guard at St. Ignace, Michigan 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 alleged that while holding the document
above captioned, on or about 23 March 1982, Appellant was convicted
by the 92nd District Court, State of Michigan, a court of record,
at the Mackinac County Court House, St. Ignace, Michigan, for
possession of marijuana.
The hearing was held at St. Ignace, Michigan on 29 April 1982.
At the hearing elected to act as his own counsel and entered a plea
of not guilty to the charge and to the specification.
The Investigating Officer introduced in evidence the Affidavit
of Service of the charge sheet, the Judgement of Sentence signed by
District Judge Robert A. Wood, 92nd District Court, State of
Michigan, dated March 23, 1982, and a letter which indicated that, according to Coast Guard files, Appellant had no prior disciplinary
record. | Appeal No. 2285 | Suspension and Revocation Appeals Authority | 10/8/1982 | 10/8/1982 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2286 - SPRAGUE | This appeal has been taken in accordance with 46 U.S.C. 239(g)
and 46 CFR 5.30-1.
By order dated 10 April 1981, an Administrative Law Judge of
the United States Coast Guard at Philadelphia, Pennsylvania issued
an order of admonition to Appellant upon finding him guilty of
misconduct. The specification found proved, alleges that while
serving as CHIEF ENGINEER on board the SS COVE NAVIGATOR under
authority of the license above captioned, between 3 January 1981
and 24 February 1981, Appellant failed to notify the Coast Guard,
as required by the Certificate of Inspection, that the boiler
management system was not operating properly.
The hearing was held at Philadelphia, Pennsylvania on 25 March
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 four
documents and the testimony of two witnesses. | Appeal No. 2286 | Suspension and Revocation Appeals Authority | 10/14/1982 | 10/14/1982 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2287 - RICKER | This appeal was taken in accordance with Title 46 United
States Code 239(g)dated 28 January 1982, an Administrative Law
Judge of the United States Coast Guard at Boston, Massachusetts
suspended Appellant's license no. 526748 for one month, on six
month, on six months' probation, upon finding him guilty of
misconduct and negligence. The specification of misconduct found
proved alleges that, while serving as person in charge on board the
United States T/V VINCENT TIBBETTS under authority of the license
above captioned, on or about 29 September 1981, Appellant
wrongfully failed to sign the declaration of inspection while in
charge of loading operations aboard the vessel as required by 33
CFR 156.150(a). The specification of negligence found proved
alleges that, at the same time and place he negligently failed to
ensure that the #4 port cargo tank loading valve was closed upon
completion of the loading of that tank allowing the tank to
overflow and discharge oil in a hazardous amount into the Fore
River, a navigable water of the United States.
The hearing was held at Portland, Maine on 20 October 1981
from 1000 to 1512 and on 18 November 1981 from 1002 to 1258.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and each
specification. | Appeal No. 2287 | Suspension and Revocation Appeals Authority | 12/15/1982 | 12/15/1982 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2288 - GAYNEAUX | 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 February 1982, and Administrative Law Judge
of the United States Coast Guard at Galveston, Texas suspended
Appellant's license and Merchant Mariner's Document for one month
plus an additional two months on twelve months' probation upon
finding him guilty of negligence. The specification found proved
alleges that, while serving as operator of the M/V OSASGE, under
authority of the documents above captioned, on or about 17 October
1981, the Appellant failed to properly navigate said vessel within
the confines of the Gulf Intracoastal Waterway, resulting in damage
to an aid to navigation, at or near North Deer Island, near mile
360 and the Galveston Freeport Intracoastal Waterway Range F, front
light.
By separate order of 17 February 1982, the Administrative Law
Judge authorized a temporary license and document pending
disposition of the appeal. Issuance pursuant to this order was
effected by the Marine Inspection Office, U.S. Coast Guard, Port
Arthur, Texas on 17 February 1982. | Appeal No. 2288 | Suspension and Revocation Appeals Authority | 2/24/1983 | 2/24/1983 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2289 - 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 23 September 1981, an Administrative Law Judge
of the United States Coast Guard at Port Arthur, Texas revoked the
seaman's document of Appellant, upon finding her guilty of
misconduct. The specifications found proved allege that, while
serving as a Steward/Utility on board USNS MAUMEE under authority
of the document above captioned, Appellant (1) did on 18 January
1981 while said vessel was at sea, wrongfully assault with a
dangerous weapon, to wit, a pair of scissors, a member of the crew,
John M. Wilson; and (2) did on 12, 13, 14, and 15 January 1981
while said vessel was at sea, wrongfully refuse to perform her
duties by "not turning to."
Appellant did not appear at the hearing. The Administrative
Law Judge entered a plea of not guilty to the charge and each
specification.
The Investigating Officer introduced in evidence nine
documents including certified copies of official log entries of the
USNS MAUMEE. | Appeal No. 2289 | Suspension and Revocation Appeals Authority | 2/27/1983 | 2/27/1983 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2290 - DUGGINS | This appeal was taken in accordance with Title 46 United
States Code 239 (g) and 46 CFR 5.30-1.
By order dated 9 March 1981, an Administrative Law Judge of
the United States Coast Guard at New York, New York issued an order
of 12 months suspension outright of the above captioned document,
and all other valid licenses, documents, certificates, and
endorsements issued to the Appellant upon finding him guilty of
misconduct.
The specification found proved alleges that while serving as
Boatswain on board the USNS SEALIFT CHINA SEA under the authority
of the above captioned document, on or about 11 February 1980,
while said vessel was at sea, the Appellant wrongfully assaulted
First assistant Engineer, John K. Brown, by brandishing a fire hose
nozzle in a threatening manner and offering to inflict bodily harm.
The hearing was held in New York on 11 March, 17 April, 19
May, 3 June, 2 July, 2,15,30 September, 24 October, and 12, 24
November 1980. | Appeal No. 2290 | Suspension and Revocation Appeals Authority | 2/27/1983 | 2/27/1983 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2291 - JOSEPH | This appeal has been taken in accordance with Title 46 U.S.C.
239(g) and 46 CFR 5.30-1.
By order dated 7 October 1981, an Administrative Law Judge of
the United States Coast Guard at Port Arthur, Texas revoked
Appellant's license upon finding him guilty of misconduct. The
specification found proved alleges that while serving as Operator
aboard M/V LADY ALICE, under authority of the captioned document,
on 19 July 1981, Appellant assaulted and battered by cutting with
a broken coffee cup, a member of the crew, James Burnham, while
said vessel was underway on the Gulf Intracoastal Waterway.
The hearing was held at Port Arthur, Texas on 10 September
1981.
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 four witnesses and one exhibit. | Appeal No. 2291 | Suspension and Revocation Appeals Authority | 3/1/1983 | 3/1/1983 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2292 - COLE | This appeal has been taken in accordance with Title 46 U.S.C.
239(g) and 46 CFR 5.30-1.
By order dated 22 July 1981, an Administrative Law Judge of
the United States Coast Guard at Jacksonville, Florida suspended
Appellant's captioned license for two months, plus six months on
twelve months' probation, upon finding him guilty of misconduct and
negligence. The specifications of Charge 1 (misconduct), found
proved, alleged that while serving as operator/person in charge on
board the United States M/V GREEN COVE O.N. 587880, under authority
of the license above captioned, from 16 March 1981 to 24 March
1981, Appellant wrongfully undertook a voyage in excess of 12 hours
with one licensed operator and did wrongfully absent himself from
the wheelhouse for a period of approximately 1-1/2 hours on 23
March 1981, leaving the responsibility of navigation of the vessel
and tow to an unlicensed deckhand. The specification of Charge II
(negligence), found proved, alleged that while serving as above on
23 March 1981, Appellant failed to post a proper watch in said
vessel's pilot house thereby contributing to the collision between
its tow and M/B FL 8158 BN, with loss of life. | Appeal No. 2292 | Suspension and Revocation Appeals Authority | 3/4/1983 | 3/4/1983 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2296 - SABOWSKI | This appeal has been taken in accordance with Title 46 U.S.C.
239(g) and 46 CFR 5.30-1.
By order dated 22 September 1980, an Administrative Law Judge
of the United States Coast Guard at New York, New York, suspended
Appellant's license No. 500466 for three months, on twelve months'
probation, upon finding him guilty of negligence. The
specifications found proved alleged that while serving as Master on
board the United States SS EXXON CHESTER under authority of the
license above captioned, on or about 18 June 1979, Appellant
wrongfully failed: (1) to navigate said vessel at a safe speed
adapted to the prevailing conditions of visibility; (2) to take
avoiding action in ample time to avoid collision; and, (3) to
reduce the speed of said vessel to the minimum at which she would
be kept on course, upon having heard the fog signal of another
vessel apparently forward of the beam.
The hearing was held at New York City on 19 March, and
continued on 20 March, 10 April, and 15 April 1980.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and each pecification.
The Investigating Officer introduced in evidence 25 exhibits
and the testimony of one witness. | Appeal No. 2296 | Suspension and Revocation Appeals Authority | 3/20/1983 | 3/20/1983 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2293 - RUBY | This appeal has been taken in accordance with Title 46 U.S.C.
239(g) and 46 CFR 5.30-1.
By orders dated 31 March and 8 April 1981, an Administrative
Law Judge of the United States Coast Guard at Baltimore, Maryland
admonished Appellants, Peter S. Smith and Alexander Ruby, Jr., who
were Master and Chief Engineer of the SS JACKSONVILLE,
respectively. The specification of the misconduct charge alleges
that while serving as Master and Chief Engineer of the vessel under
authority of the documents above captioned, on or about 21 January 1981, Appellants did not fail to notify the nearest Coast Guard
Marine Safety Office of repairs affecting the safety of the vessel,
namely, boiler tube plugging repairs.
The hearing was held in joinder at Baltimore, Maryland on 30
January 1981.
At the hearing, Appellants were represented by the same
counsel. Both Appellants entered pleas of not guilty to the charge
and specification.
The Investigating Officer introduced into evidence the
testimony of four witnesses and one document.
In defense, the Appellants offered in evidence the testimony
of one witness and three documents.
Subsequent to the hearing, the Administrative Law Judge
rendered a written decision in which he concluded that the charge
and specification against Appellants were proved. He then served
written orders of admonition on Appellants. | Appeal No. 2293 | Suspension and Revocation Appeals Authority | 3/21/1983 | 3/21/1983 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2294 - TITTONIS | This appeal has been taken in accordance with Title 46 U.S.C.
239(g) and 46 CFR 5.30-1.
By order dated 22 July 1981, an Administrative Law Judge of
the United States Coast Guard at Norfolk, Virginia suspended
Appellant's seaman's documents for twelve months, and awarded an
additional suspension of twelve months on twelve months' probation,
upon finding him guilty of negligence. The specifications found
proved allege that while serving as Master on board SS LASH
ATLANTICO under authority of the captioned license on or about 6
May 1981, Appellant negligently failed to navigate at a safe speed,
negligently failed to use all available means to determine if a
risk of collision existed or a close quarters situation was
developing, and negligently made a succession of small course
alterations thereby contributing to the collision of SS LASH
ATLANTICO and M/V HELLENIC CARRIER.
The hearing was held at Norfolk, Virginia on 27, 28, and 29
May and 29 June 1981.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and specifications.
The Investigating Officer introduced in evidence the testimony
of three witnesses, two photographs, a chart, and two other
documents. He also requested the Administrative Law Judge to take
judicial notice of the International Regulations for Preventing
Collisions at Sea, 1972, Title 33 U.S.C. foll.1602 (hereafter
cited COLREGS, 1972, Rule ). | Appeal No. 2294 | Suspension and Revocation Appeals Authority | 3/29/1983 | 3/29/1983 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2295 - AMOURY | This appeal has been taken in accordance with Title 46 U.S.C.
239(g) and 46 CFR 5.30-1.
By order dated 26 March 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. The specification found proved alleges that, while
serving as Engine Utilityman on board the SS TRAVELER under
authority of the document above captioned, on or about 3 March 1981
Appellant wrongfully possessed hashish while the vessel was in the
port of Navlakhi, India.
The hearing was held at Long Beach, California, on 17 March
1981.
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 a
certification of the shipping articles and a certified copy of the
official log of the vessel.
In defense, Appellant offered the testimony of a shipmate and
his own testimony.
At the end of the hearing, the Administrative Law Judge
rendered an oral decision in which he concluded that the charge and specification had been proved. He then served a written order on
Appellant revoking all documents issued to Appellant.
The entire decision was served on Appellant on 30 March 1981.
Appeal was timely filed on 6 April 1981 and perfected on 22 July
1981. | Appeal No. 2295 | Suspension and Revocation Appeals Authority | 3/30/1983 | 3/30/1983 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2297 - FOEDISCH | This appeal has been taken in accordance with Title 46 U.S.C.
239(g) and 46 CFR 5.3-1.
By order dated 13 July 1981, and Administrative Law Judge of
the United States Coast Guard at Seattle, Washington suspended
Appellant's seaman's documents for six months, upon finding him
guilty of misconduct. The specification found proved alleges that,
while serving as Ordinary Seaman on board the SS JOHN LYKES, O.N.
282772 under authority of the captioned document, on or about 9 May
1980, Appellant wrongfully possessed approximately 12.5 grams of
marijuana, a narcotic.
The hearing was held at Seattle, Washington on 8 December
1980, 5 February 1981 and 22 June 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 six documents
and a deposition.
In defense, Appellant testified in his own behalf and offered
eight documents in evidence.
At the end of the hearing, the Administrative Law Judge
rendered a decision in which he concluded that the charge and specification had been proved. He then served a written order on
Appellant suspending all documents issued to Appellant for a period
of six months.
The entire decision was served on 14 July 1981. Appeal was
timely filed on 27 July 1981 and perfected on 26 October 1981. | Appeal No. 2297 | Suspension and Revocation Appeals Authority | 4/6/1983 | 4/6/1983 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2298 - GRAVES | This appeal has been taken in accordance with Title 46 U.S.C.
239b and 46 CFR 5.30-1.
By order dated 23 July 1980, an Administrative Law Judge of
the United States Coast Guard at Houston, Texas, revoked
Appellant's seaman's documents upon finding him guilty of the
charge of "conviction for a narcotic drug law violation." The
specification found proved alleged that while holding the document
and license above captioned, on or about 12 December 1979,
Appellant was convicted in the 180th District Court of Harris
County, Texas, a court of record, for the possession of marijuana
in a quantity of more than four ounces.
The hearing was held at Houston, Texas on 15 July 1980.
At the hearing, Appellant elected to act as his own counsel
and entered a plea of guilty, which was later changed to not
guilty, to the charge and each specification.
The Investigating Officer introduced in evidence four
exhibits. | Appeal No. 2298 | Suspension and Revocation Appeals Authority | 4/6/1983 | 4/6/1983 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2299 - BLACKWELL III | This appeal has been taken in accordance with Title 46 U.S.C.
239(g) and 46 CFR 5.30-1.
By order dated 20 February 1981, an Administrative Law Judge
of the United States Coast Guard at Jacksonville, Florida revoked
Appellant's license upon finding him guilty of misconduct, Four
specifications under a charge of misconduct, Charge II, were found
proved. They allege that while serving on board the M/V CAN'T
MISS, O.N. 294101, under authority of the Ocean Operator's license
above captioned, on or about 12 April 1980, Appellant wrongfully
operated the vessel while carrying passengers:
1. By operating beyond the scope of the route authorized
on the vessel's Certificate of Inspection, to wit: over
20 miles from shore, in violation of 46 U.S. Code 390(b);
2. By using a portable gasoline stove for cooking in
violation of 46 U.S.Code 170 and 46 Code of Federal
Regulations 184.05-1;
3. By operating with unserviceable life preservers in
violation of 46 U.S. Code 390(b) and 46 Code of Federal Regulations 180.25; and
4. By operating with improperly secured life saving
equipment, to wit: water light attached to buoyant
apparatus was tied to the vessel in such a manner as to
preclude being readily launched, in violation of 46 U.S.
Code 390(b) and 46 Code of Federal Regulations 180.15-1
and 180.20-1. | Appeal No. 2299 | Suspension and Revocation Appeals Authority | 4/7/1983 | 4/7/1983 | | 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 | 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 | 2302 - FRAPPIER | This appeal was taken in accordance with Title 46 United
States Code 239(g) and 46 CFR 5.30-1.
By order dated 26 January 1982, an Administrative Law Judge of
the United States Coast Guard at Boston, Massachusetts suspended
Appellant's license for one month, on twelve months' probation,
upon finding him guilty of misconduct and negligence. The
specification found proved under the charge of misconduct alleges
that, while serving as Master on board the United States M/V BERT
REINAUER II, O. N. 236989, under authority of the license above
captioned, on or abut 18 May 1981, Appellant did wrongfully fail to
report a marine casualty to the nearest Officer in Charge, Marine
Inspection as required by 46 USC 239 and 46 CFR 4.05-10.
The specification found proved under the charge of negligence
alleges that Appellant, while so serving as Master on board the M/V
BERT REINAUER II, O. N. 236989, did, on or about 18 May 1981, fail
to navigate said vessel with due caution, causing said vessel to
ground in the Penobscot River, Maine.
The hearing was held at Portland, Maine and Boston,
Massachusetts on 28 October 1981 and 9 November 1981. | Appeal No. 2302 | Suspension and Revocation Appeals Authority | 4/20/1983 | 4/20/1983 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2303 - HODGMAN | This appeal has been taken in accordance with 46 U.S.C. 239(g)
and 46 CFR 5.30-1.
By order dated 3 February 1983, an Administrative Law Judge of
the United States Coast Guard at Miami, Florida revoked Appellant's
seaman's document upon finding proved the charge of "conviction for
a narcotic drug law violation." The specification found proved
alleges that being the holder of the document above captioned, on
or about "20 May 1977 [Appellant was] convicted of conspiracy to
violate Section 841(a)(I) of Title 21, United States Code (by the
United States District Court for the Southern District of Georgia)
in that [he] did knowingly and intentionally possess with intent to
distribute a quantity of marijuana."
The hearing was held at Miami, Florida on 8 December 1982.
At the hearing, Appellant was represented by professional
counsel and entered a plea of guilty to the charge and
specification.
The Investigating Officer introduced in evidence a certified
copy of the Judgment of the Court, a copy of the Indictment, and
the Affidavit of Service of the charge sheet.
In defense, Appellant offered in evidence his own testimony,
the testimony of one additional witness and five exhibits. | Appeal No. 2303 | Suspension and Revocation Appeals Authority | 4/22/1983 | 4/22/1983 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2308 - GRAY | This appeal has been taken in accordance with Title 46 U.S.C.
239(g) and 46 CFR 5.30-1.
By order dated 20 September 1982, an Administrative Law Judge
of the United States Coast Guard at Long Beach, California
suspended Appellant's License for three months, on twelve months'
probation, upon finding him guilty of misconduct. The
specification found proved alleges that while serving as Ocean
Operator aboard the United States vessel C. DOMINATOR under
authority of the license above captioned, on various dates between
12 May and 6 July 1982, Appellant wrongfully operated said vessel,
a passenger vessel, without having on board an unexpired
Certificate of Inspection.
The hearing was held at Long Beach, California on 20 September
1982.
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. 2308 | Suspension and Revocation Appeals Authority | 5/5/1983 | 5/5/1983 | | 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 | 2305 - SINGH | This appeal was taken in accordance with Title 46 United
States Code 239(g) and 46 CFR 5.30-1.
By order dated 25 July, 1880, an Administrative Law Judge of
the United States Coast Guard at Boston, Massachusetts suspended
Appellant's license and seaman's document for 1 month on 12 months'
probation, upon finding him guilty of misconduct and negligence.
The specifications found proved allege that while serving as
Chief Engineer on board the United States T/V ALLEGIANCE, O.N.27866
under authority of the document and license above captioned, on or
about 19 December 1979, Appellant: (1) Wrongfully failed to report
a repair to a cargo pump, and (2) was negligent in maintaining and
repairing the vessel's machinery and equipment.
The hearing was held at Melville, Rhode Island and Boston,
Massachusetts on 28 January, II and 26 February, II March, 16 April
and II June 1980.
The hearing was held in joinder with those of John D. Gaboury,
Master of the vessel, and Timothy Fales, the Chief Mate.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and each
specification. | Appeal No. 2305 | Suspension and Revocation Appeals Authority | 5/9/1983 | 5/9/1983 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2306 - FALES | This appeal was taken in accordance with Title 46 Code 239(g)
and 46 CFR 5.30-1.
By order dated 25 July 1980, an Administrative Law Judge of
the United States Coast Guard at Boston, Massachusetts suspended
Appellant's license for one month on twelve month's probation, upon
finding him guilty of negligence. The specifications found proved
allege:
(1) That while serving as Chief Mate on board the United
States T/V ALLEGIANCE, O.N. 271866 under authority of the
license above captioned, between 12 October 1979 and 19
December 1979, Appellant had responsibility for all cargo
equipment and failed to maintain that equipment in safe
operating condition such that:
1. No. 10 cargo pump in aft pumproom was leaking from
both shafts;
2. No. 11 cargo pump in aft pumproom was leaking
excessively from packing gland;
3. Port bulkhead stop valve on suction line in aft
pumproom was leaking through the packing gland;
4. No. 5 cargo pump suction line was holed and leaking
in amidships pumproom;
5. No. 5 cargo line riser valve in amidships pumproom
was leaking;
6. No 12 cargo pump discharge riser in aft pumproom was
repaired with a cement patch.
(2) That while so serving Appellant allowed an excessive
amount of product to accumulate and remain in the
amidships pumproom bilge creating a hazardous condition
aboard the vessel. | Appeal No. 2306 | Suspension and Revocation Appeals Authority | 5/9/1983 | 5/9/1983 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2307 - GABOURY | This appeal has been taken in accordance with Title 46 U.S.C.
239(g) and 46 CFR 5.30-1.
By order dated 22 July 1980, an Administrative Law Judge of
the United States Coast Guard at Boston, Massachusetts, suspended
Appellant's license for one month, on twelve months' probation,
upon finding him guilty of negligence. The specification found
proved alleges that while serving as Master on board the United
States T/V ALLEGIANCE under authority of the license above
captioned, on 19 December 1979, Appellant operated or allowed the
said vessel to be operated in an unsafe condition in that the
following hazardous conditions existed:
1. Excessive cargo product accumulation in the bilges of
the amidships pumproom;
2. No. 10 cargo pump in aft pumproom leaking from both
shafts;
3. No. 11 cargo pump in aft pumproom leaking excessively
from packing gland;
4. No. 5 cargo pump suction line holed and leaking in amidships pumproom;
5. No. 5 cargo line riser valve in amidships pumproom
leaking;
6. No. 12 cargo pump discharge riser in aft pumproom
repaired with a cement patch;
7. Port bulkhead stop valve on suction line in aft
pumproom leaking through packing gland.
The hearing was held at Melville, Rhode Island and Boston,
Massachusetts on 28 January, 11 and 26 February, 11 March, 16 April
and 12 June 1980. | Appeal No. 2307 | Suspension and Revocation Appeals Authority | 5/9/1983 | 5/9/1983 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2309 - CONEN | This appeal was taken in accordance with Title 46 United
States Code 239(g) and 46 CFR 5.30-1.
By order dated 7 July 1981, an Administrative Law Judge of the
United States Coast Guard at New York, New York, suspended
Appellant's seaman's document for three months, plus three months
on twelve months' probation, upon finding him guilty of misconduct.
The specifications found proved alleged that: (1) while serving
as Electrician on board the SS MORMACSEA under authority of the
document above captioned, Appellant did on or about 1700-1800, 10
December 1980, while the said vessel was in the port of East
London, South Africa, wrongfully disobey a lawful order of the
Chief Engineer by absenting himself from the vessel when instructed
to remain on board; and (2) while serving as aforesaid did on or
about 0900-1830, 14 December 1980, while the vessel was in Cape
Town, South Africa, wrongfully fail to perform assigned duties.
The hearing was held at New York, New York on 3,10,20 and 27
February 1981.
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 the testimony
of two witnesses and four exhibits.
In defense, Appellant offered in evidence nine exhibits and
the testimony of one witness. | Appeal No. 2309 | Suspension and Revocation Appeals Authority | 5/12/1983 | 5/12/1983 | | 12/20/2017 |
| 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 |