| Suspension and Revocation Appeals Authority | 2220 - LAMBERT | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 14 August 1979, an Administrative Law Judge of
the United States Coast Guard at Baltimore, Maryland, after a
hearing at Baltimore, Maryland, on 8, 24, and 25 May 1979, ordered
Appellant admonished upon finding him guilty of misconduct. The
single specification of the charge of misconduct found proved
alleges that Appellant, while serving as operator aboard tug
NANTICOKE, under authority of the captioned documents, did, on 15
February 1979, while said vessel was under his command, knowingly
transit the Nanticoke River with the barge DEBORAH from Seaford,
Delaware, to Nanticoke River Buoy No. 4 (LLP 410), in violation of
U.S. Coast Guard Captain of the Port of Baltimore order NR 05-79,
during the hours of darkness, and without sufficient horsepower.
At the hearing, Appellant was represented by professional
counsel. Appellant entered a plea of not guilty to the charge and
specification. | Appeal No. 2220 | Suspension and Revocation Appeals Authority | 6/12/1980 | 6/12/1980 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2221 - CERCY | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 8 September 1978, an Administrative Law Judge
of the United States Coast Guard at New Orleans, Louisiana,
suspended Appellant's license for three months, plus three months
on twelve months' probation, upon finding him guilty of negligence.
The specification found proved alleged that while serving as
operator on board Motor Vessel TIGER STAR under authority of the
license above captioned, on 4 August 1978, Appellant negligently
fell asleep at the wheel, thereby contributing to a collision
between TIGER STAR and a fixed platform. A second charge of
misconduct was withdrawn at the outset of the proceeding.
The hearing was held at New Orleans on 15, 22 and 29 August,
and 8 September 1978.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty of the charge and
specification. | Appeal No. 2221 | Suspension and Revocation Appeals Authority | 6/12/1980 | 6/12/1980 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2222 - FIOCCA | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 9 October 1979, an Administrative Law Judge of
the United States Coast Guard at New York, New York, suspended
Appellant's seaman's documents for four months, plus four months on
twelve months' probation, upon finding him guilty of misconduct and
negligence. The six specifications of misconduct found proved
allege that while serving as Boatswain on board SS MORMACWAVE under
authority of the document above captioned, Appellant: (1) on or
about 11 January 1979, failed to perform his duties; (2) on 12
January 1979, failed to perform his regularly assigned duties by
being absent from the vessel from 0800 to 1200 and from 1300 to
1700 without sufficient cause; (3) on 22 January 1979, failed to
perform his duties in that he was absent from the vessel 0830 to
1200 and from 1300 to 1700 without proper permission; (4) on 23
January 1979, failed to perform his regularly assigned duties from
0800 to 1200 and from 1300 to 1700 without proper permission; (5)
on 24 January 1979, failed to obey a lawful order in that when
asked by the Master if he would obey orders, he indicated to the
master that he would not obey orders; and (6) on 24 January 1979,
failed to obey a lawful order of the Chief Mate in that when
ordered to appear before the Master to have a log entry read to
him, he refused and sent the Chief Mate a note which said, "Drop
Dead. the X Bosin." | Appeal No. 2222 | Suspension and Revocation Appeals Authority | 7/21/1980 | 7/21/1980 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2223 - HEWITT | 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 4 September 1979, an Administrative Law Judge
of the United States Coast Guard at Baltimore, Maryland, suspended
Appellant's documents for three months, on twelve months'
probation, upon finding him guilty of misconduct. The
specification found proved alleged that while acting under
authority of the license above captioned, on or about 8 May 1979,
Appellant wrongfully and fraudulently executed a false application
for a raise in grade of his licensed to Master by certifying that
he had not made application for a license and been rejected within
twelve months. A second specification concerning an unfair
practice allegedly occurring on 26 April 1979 in New York was
dismissed.
The hearing was held at Baltimore on 12 June 1979.
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 six
documents.
In defense, Appellant offered in evidence three documents. | Appeal No. 2223 | Suspension and Revocation Appeals Authority | 7/24/1980 | 7/24/1980 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2224 - HUGHES | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations 5.30-1
By order dated 14 November 1979, an Administrative Law Judge
of the United States Coast Guard at San Francisco, California,
suspended Appellant's documents outright for three months, plus
three additional months for violation of probation imposed in a
prior proceeding, upon finding him guilty of negligence. The
specifications found proved alleged that while serving as Pilot on
board the M/V CHIGUSA MARU under authority of the license above
captioned, on or about 6 July 1979, while said vessel was enroute
from San Francisco Bay to Pittsburgh, California, Appellant: (1)
failed to maintain control of said vessel, resulting in its
grounding; and (2) failed to maintain control of said vessel,
resulting in a collision with and destruction of an established
U.S. aid to navigation.
The hearing was held at San Francisco on 27 September and 3,
4, 5, and 31 October 1979.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and specifications. | Appeal No. 2224 | Suspension and Revocation Appeals Authority | 7/24/1980 | 7/24/1980 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2225 - LAWRENCE | 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 16 March 1979, an Administrative Law Judge of
the United States Coast Guard at Jacksonville, Florida , after a
hearing at Cleveland, Ohio, on 14 February 1979, admonished
Appellant upon finding him guilty of misconduct. The single
specification of the charge of misconduct found proved alleges that
Appellant, while serving as Master aboard M/V SAM LAUD, under
authority of the captioned documents, did, on or about 14 January
1979, while said vessel was in the port of Cleveland, Ohio,
wrongfully fail to give notice of a marine casualty involving his
vessel to the nearest Marine Inspection Office of the Coast Guard,
to wit, Marine Safety Office, Cleveland, Ohio.
At the hearing, Appellant was represented by professional
counsel. Appellant entered a plea of not guilty to the charge and
specification.
The investigation Officer introduced into evidence the
testimony of two witnesses and five documents. | Appeal No. 2225 | Suspension and Revocation Appeals Authority | 7/24/1980 | 7/24/1980 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2226 - DAVIS | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 6 December 1979, an Administrative Law Judge of
the United States Coast Guard at New Orleans, Louisiana, admonished
Appellant upon finding him guilty of misconduct. The specification
found proved alleges that while serving as Second Mate on board the
SS DELTA NORTE under authority of the document and license above
captioned, on or about 6 August 1979, Appellant wilfully disobeyed
a lawful order given him by the Chief Mate; to wit, he failed to
complete stripping the vessel's logbook before going ashore.
The hearing was held at New Orleans, Louisiana, on 3 October
1979, 7 November 1979, and 6 December 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 the Chief Mate of the SS DELTA NORTE and two pieces of
documentary evidence: (a) certified extract from Shipping Articles
of SS DELTA NORTE (10 ex 2), (b) a copy of logbook entry of SS
DELTA NORTE (10 ex 4).
In defense, Appellant offered in evidence his own testimony
and a letter from Baker-Lyman Co., Inc. dated 15 October 1979. | Appeal No. 2226 | Suspension and Revocation Appeals Authority | 7/29/1980 | 7/29/1980 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2227 - MANDLY | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 5 December 1979, an Administrative Law Judge of
the United Stated 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 specifications found proved
allege that while serving as Chief Officer on board the SS AUSTRAL
ENDURANCE under authority of the license above captioned, on or
about 13 June 1978, Appellant failed to properly supervise
maintenance work being performed on the starboard lifeboat gear and
that this failure to supervise led to an injury being suffered by
Cadet Edward Coll.
The hearing was held at New York, New York, on 15 June and 16,
23 and 24 July 1979.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification. | Appeal No. 2227 | Suspension and Revocation Appeals Authority | 7/30/1980 | 7/30/1980 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2228 - DAVIS | This appeal has been taken in accordance with title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 23 August 1979, an Administrative Law Judge of
the United States Coast Guard at Boston, Massachusetts, after a
hearing at Boston, Massachusetts, on 23 May and 2 August 1979,
revoked the captioned document upon finding Appellant guilty of
misconduct. The two specifications of the charge of misconduct
found proved allege (1) that Appellant, while serving as able
seaman aboard SS OVERSEAS ULLA, under authority of the above
captioned document, did, on or about 15 May 1979, while said vessel
was at sea, wrongfully assault and batter by beating with his fists
a member of the crew, Lennie C. Jones; and (2) that Appellant,
while serving as aforesaid, did on or about 15 May 1979, wrongfully
assault with a dangerous weapon, to wit, a pair of pliers, a member
of the crew, Lennie C. Jones.
Appellant did not appear and was not represented at the
hearing, which was held in absentia.
The Investigating Officer introduced into evidence four
documents and one deposition.
Subsequent to the hearing, the Administrative Law Judge
entered a written decision in which he concluded that the charge
and both specifications as alleged had been proved. He then entered an order of revocation. | Appeal No. 2228 | Suspension and Revocation Appeals Authority | 8/13/1980 | 8/13/1980 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2229 - KELLEY | 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 November 1977, an Administrative Law Judge
of the United States Coast Guard at Boston, Massachusetts,
suspended Appellant's license for six months upon finding him
guilty of negligence. The specification found proved allege that
while serving as master on board the United States M/V VINCENT
TIBBETTS, under authority of the license above captioned, on or
about 10 August 1977, Appellant:
(1) failed properly to navigate the vessel between Long
Island and Portland Harbor, Maine, with a resultant
grounding of the vessel on Cow Island;
(2) did "fail to notify U.S. Coast Guard Personnel about
the grounding on Cow Island on or about 10 August 1977",
and
(3) failed to maintain a proper-lookout.
The hearing was held at Portland, Maine, on 17 August 1977. | Appeal No. 2229 | Suspension and Revocation Appeals Authority | 8/18/1980 | 8/18/1980 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2230 - SOLLINE | 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 25 September 1979, an Administrative Law Judge
of the United States Coast Guard at Long Bach, California,
suspended Appellant's documents for two months, on six months'
probation, upon finding him guilty of misconduct. The
specification found proved alleged that, while serving as First
Assistant Engineer on board the SS KEYSTONE CANYOU under authority
of the captioned documents on or about 23 August 1979, Appellant
wrongfully engaged in mutual combat with crewmember Clarence
Crocker by strikining him with his fists and shoving him, while the
vessel was at sea.
The hearing was held at Long Beach, California, on 30 August
and 13 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 introduced into evidence three exhibits and the testimony of one witness.
In defense, Appellant introduced into evidence the testimony
of five witnesses, including his own testimony. | Appeal No. 2230 | Suspension and Revocation Appeals Authority | 8/18/1980 | 8/18/1980 | | 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 | 2232 - MILLER | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 8 November 1978, an Administrative Law Judge of
the United States Coast Guard at San Francisco, California,
suspended Appellant's license outright for a period of six (6)
months upon finding him guilty of negligence. The one
specification of negligence found proved alleged that Appellant,
while serving as Chief Engineer aboard SS LURLINE, under authority
of his license, on or about 22 December 1977, failed to take
adequate precautions to prevent the overfilling of fuel oil tanks
and subsequent spilling of a harmful quantity of oil into the
navigable waters of the United States.
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 five documents. | Appeal No. 2232 | Suspension and Revocation Appeals Authority | 2/9/1981 | 2/9/1981 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2233 - WALSH | 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 20 December 1979, an Administrative Law Judge
of the United States Coast Guard at New York, New York, admonished
Appellant, upon finding him guilty of negligence. The
specification found proved alleged that while serving as Tankerman
on board MORANIA 140 under authority of the document above
captioned, on or about 14 October 1979, Appellant, as person in
charge of cargo loading, negligently allowed a cargo tank to
overflow, spilling fuel oil on the deck of the barge and into
Arthur Kill, a navigable water of the United States, by not
monitoring the level in the tank after it had been secured.
The hearing was held at New York, New York, on 29 November
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 two documents, one of which comprised the stipulated testimony of an
eyewitness to the event in question. | Appeal No. 2233 | Suspension and Revocation Appeals Authority | 2/9/1981 | 2/9/1981 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2234 - REIMANN | 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 November 1979, an Administrative Law Judge of
the United States Coast Guard at San Francisco, California,
suspended Appellant's license for two months, upon finding him
guilty of negligence. The specification found proved alleges that
while serving as Second Mate on board SS AVILA under authority of
the license above captioned, at or about 0830, 19 June 1979,
Appellant negligently failed to take adequate precautions to
prevent the overfilling of Number 3 starboard tank and subsequent
spilling of a harmful quantity of oil into the navigable waters of
the United States.
The hearing was held at Embarcadero Center, Suite 310, San
Francisco, California, on 27 July, 16 August, 20 August, 5
September, and 14 September 1979.
At the hearing, Appellant was represented by professional
counsel and, in Appellant's absence from the first session, a plea
of not guilty to the charge and specification was entered on his
behalf. | Appeal No. 2234 | Suspension and Revocation Appeals Authority | 2/9/1981 | 2/9/1981 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2235 - RABREN | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 28 November 1978, an Administrative Law Judge
of the United States Coast Guard at Jacksonville, Florida,
suspended Appellant's license for one month, plus three months on
twelve months' probation, upon finding him guilty of negligence.
The specification found proved alleged that while serving as Pilot
on board SS GULF TIGER under authority of the license above
captioned, on or about 13 August 1978, Appellant did, while inbound
in Tampa Bay, Florida, wrongfully ground said vessel. A second
specification, found not proved, alleged that while serving in the
above capacity Appellant negligently piloted said vessel at
excessive speed, thereby contributing to the grounding.
The hearing was held at Tampa, Florida, on 22 November 1978.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification. | Appeal No. 2235 | Suspension and Revocation Appeals Authority | 2/9/1981 | 2/9/1981 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2236 - CLUFF | 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 25 January 1980, an Administrative Law Judge of
the United States Coast Guard at Baltimore, Maryland, suspended
Appellant's United States Coast Guard First Class Pilot's License
No. 457718 for 3 months on 12 month's probation, upon finding him
guilty of negligence. The specification found proved alleges that
while serving as Pilot on board M/V MOSEL under authority of the
document and license above captioned, on or about 2 March 1979,
while the said vessel in the Chesapeake and Delaware Canal,
Appellant failed to navigate the vessel with due caution, thereby
causing an allision between the raised heavy lift boom of the
vessel and the Reedy Point Bridge.
The hearing was held at Baltimore, Maryland, on 22 May 1979
and adjourned to 7 September 1979, on which date it was concluded.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification. | Appeal No. 2236 | Suspension and Revocation Appeals Authority | 2/23/1981 | 2/23/1981 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2237 - STRELIC | 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 17 September 1979, an Administrative Law Judge
of the United States Coast Guard at Boston, Massachusetts,
suspended Appellant's license number 388 977 and all other valid
Coast Guard licenses issued to Appellant for three (3) months on
twelve (12) month's probation, upon finding him guilty of
negligence. The specification found proved alleges that while
serving as Master on board SS AMOCO CONNECTICUT, under authority of
the license and document above captioned, on or about 20 December
1978, Appellant negligently failed to ensure that the vessel's
position was fixed and plotted on a chart of the area, Narragansett
Bay, which is a part of the navigable waters of the United States.
The hearings were held at Providence, Rhode Island, on 16
January, 13 March, 22 May and 10 July 1979.
At the hearings, Appellant was represented by counsel, and
entered a plea of not guilty to the charge and specification.
The Investigating Officer introduced in evidence an Affidavit of Service of the Charge Sheet; Charts of Narragansett Bay (No.
13223), Martha's Vineyard (No. 13218), and Providence River (No.
13224); the testimony of LT William J. Morani; the deposition of
Francis J. Smith, Second Mate; and log entries of the AMOCO
CONNECTICUT for 19 and 20 December 1978. | Appeal No. 2237 | Suspension and Revocation Appeals Authority | 2/26/1981 | 2/26/1981 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2238 - MONTGOMERY | This appeal has been taken in accordance with Title 46 U.S.C.
239(g) and Title 46 CFR 5.30-1.
By order dated 18 March 1980, an Administrative Law Judge of
the United States Coast Guard at New York, New York, revoked
Appellant's seaman's documents upon finding him guilty of
misconduct. The specification found proved alleged that while
serving as Electrician on board SS MORMACARGO under authority of
the document above captioned, on or about 29 October 1979,
Appellant had in his possession a controlled substance, to wit:
marijuana.
The hearing was held at Philadelphia, Pennsylvania, on 20
December 1979.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced in evidence the testimony
of two witnesses and four documents. | Appeal No. 2238 | Suspension and Revocation Appeals Authority | 3/4/1981 | 3/4/1981 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2239 - VINCENT | 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 August 1978, an Administrative Law Judge of
the United States Coast Guard at New York, New York, suspended
Appellant's seaman's documents for three months, plus six months on
twelve month's probation, upon finding him guilty of misconduct.
The specification found proved alleges that while serving as
Fireman/Watertender on board SS AFRICAN DAWN under authority of the
document above captioned, on or about 8 May 1978, Appellant did
wrongfully assault and batter with his hand the Third Assistant
Engineer.
The hearing was held at New York, New York, on 22, 23 and 27
June 1978.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced in evidence the testimony
of the Third Assistant Engineer and two pieces of documentary
evidence: a certified abstract of line 31 of the shipping articles
for SS AFRICAN DAWN, and a certified copy of pages 21 and 22 of the
vessel's official logbook. | Appeal No. 2239 | Suspension and Revocation Appeals Authority | 3/23/1981 | 3/23/1981 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2240 - PALMER | This review has been taken in accordance with Title 46 United
States Code 239(g) and 46 CFR 5.30-1.
By order dated 22 April 1980, an Administrative Law Judge of
the United States Coast Guard at San Francisco, California, revoked
Appellant's seaman's documents upon finding him guilty of
misconduct. The specification found proved alleges that while
serving as Able Seaman on board S.S. THOMAS JEFFERSON under
authority of the document above captioned, on or about 21 February
1980, Appellant did, while the vessel was in the port of Rotterdam,
wrongfully assault and batter with a bottle a shipmate, Erick H.
Sorensen, AB, Z-[REDACTED]-DI.
The hearing was held at San Francisco on 21 April 1980.
Appellant failed to appear at the hearing. A plea of not
guilty to the charge and specification was entered in his behalf in
accordance with 46 CFR 5.20-75, and the hearing proceeded in
absentia.
The Investigating Officer introduced in evidence four
exhibits. | Appeal No. 2240 | Suspension and Revocation Appeals Authority | 4/1/1981 | 4/1/1981 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2241 - NIED | 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 20 December 1978, an Administrative Law Judge
of the United States Coast Guard, after a hearing at Long Beach,
California, on 29 November 1978, suspended Appellant's documents
for a period of three months on nine months' probation, upon
finding him guilty of negligence. The single specification of the
charge of negligence found proved alleged that Appellant, while
serving as pilot aboard M/T LION OF CALIFORNIA, under authority of
his captioned documents, did on or about 19 September 1978, at
1759, navigate the vessel in a negligent manner so as to cause an
allision between the vessel and M/V GLOMAR EXPLORER in Slip 240,
Los Angeles Harbor.
At the hearing Appellant was represented by professional
counsel. Appellant entered a plea of not guilty to the charge and
specification.
The Investigating Officer offered into evidence, without
objection from Appellant, numerous copies of documents. It was
stipulated between the parties that Appellant was serving as Pilot
on board the LION OF CALIFORNIA at all times material and pertinent
to the issue at hand, and that he had given all engine and rudder
commands. The Investigating Officer introduced no further
evidence. | Appeal No. 2241 | Suspension and Revocation Appeals Authority | 4/2/1981 | 4/2/1981 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2242 - JACKSON | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 29 August 1978, an Administrative Law Judge of
the United States Coast Guard at Houston, Texas, revoked
Appellants' seaman's documents upon finding them guilty of
misconduct. The specification found proved in each case alleges
that while serving on board SS DELTA PARAGUAY under authority of
the documents above captioned, on or about 7 July 1978, Appellants,
at or about the steering engine room on board DELTA PARAGUAY did
wrongfully have in their possession certain narcotics, to wit,
marijuana.
The hearing was held in joinder at Houston, Texas, on 20 and
31 July 1978.
At the hearing, Appellants elected to act as their own counsel
and entered pleas of not guilty to the charges and specifications. | Appeal No. 2242 | Suspension and Revocation Appeals Authority | 4/2/1981 | 4/2/1981 | | 12/21/2017 |
| 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 | 2244 - JAHN | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 23 May 1980, an Administrative Law Judge of the
United States Coast Guard at San Francisco, California, suspended
Appellant's license for three months on twelve months' probation,
upon finding him guilty of negligence. The specifications found
proved allege that while serving as Pilot on board SS CORNUCOPIA
under authority of the license above captioned, on or about 8
December 1979, while said vessel was enroute from San Francisco to
Stockton, Appellant failed to properly maintain control of said
vessel, resulting in CORNUCOPIA's colliding with and damaging
Beacon #11 (LLNR891) an established U.S. aid to navigation; and
that while serving as aforesaid, did fail to properly maintain
control of said vessel resulting in its grounding.
The hearing was held at San Francisco, California, on 6 and 28
February and 7 and 14 March 1980.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specifications. | Appeal No. 2244 | Suspension and Revocation Appeals Authority | 4/28/1981 | 4/28/1981 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2245 - ROBINSON | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and 46 CFR 5.30-1.
By order dated 27 February 1980, and Administrative Law Judge
of the United States Coast Guard at New York, New York, after
hearings at New York, New York, on 29 November and 18 December
1978, and on 24 January, 14 February, 14 March, 9 May, 4 and 27
June, 9 and 16 July, 17 August, 19 September, and 7, 19 and 26
November 1979, revoked the captioned document upon finding
Appellant guilty of misconduct. The single specification of the
charge of misconduct proved, alleges that Appellant, while serving
as Fireman/Watertender aboard USNS ANDREW MILLER, under authority
of his duly issued Merchant Mariner's Document, did, at or about
2400, 12 March 1975, at Yokosuka, Japan, while said was in the port
of Yokosuka, Japan, wrongfully have in his possession certain
narcotics to wit, heroin.
Appellant appeared and was represented by counsel. No formal
arraignment was held and no plea appears on the record of any of
the hearings. It is clear that the proceedings were conducted as
if a "not guilty" plea had been entered. Appellant was fully
advised of the charges and specifications against him and of his rights. As in Decision on Appeal No. 867, there was no
prejudice to Appellant because the hearing was conducted as though
a plea of "not guilty" had been entered. | Appeal No. 2245 | Suspension and Revocation Appeals Authority | 4/29/1981 | 4/29/1981 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2246 - CONWAY | This appeal has been taken in accordance with Title 46 U.S.C.
239(g) and CFR 5.30-1.
By order dated 18 March 1980, an Administrative Law Judge of
the United States Coast Guard at New York, New York, admonished
Appellant upon finding him guilty of negligence. The specification
found proved alleges that while serving as Tankerman on board the
TANK BARGE E 21, under authority of the document above captioned,
at or about 20 July 1979, while the barge was moored in Perth
Amboy, New Jersey, Appellant wrongfully caused the opening of the
manifold valve before the hose connections were complete, thus
permitting a harmful quantity of oil to spill into the Raritan
River, a navigable water of the United States.
The hearing was held at New York at various time from 16
August 1979, to 14 March of 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 two exhibits
and the testimony of five witnesses.
In defense, Appellant offered in evidence three written
statements, two documents, his own testimony, and that of a
witness. | Appeal No. 2246 | Suspension and Revocation Appeals Authority | 6/3/1981 | 6/3/1981 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2247 - LUKOWSKI | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 24 September 1979, an Administrative Law Judge
of the United States Coast Guard at Long Beach, California,
suspended Appellant's documents for three months on twelve months'
probation upon finding him guilty of misconduct. The specification
found proved alleges that while serving as Ship's Utilityman on
board the United States SS B.T. SAN DIEGO under authority of the
document above captioned, on or above 4 April 1979, while the
vessel was moored in Port Angeles, Washington, Appellant assaulted
Boatswain Theodore Levy.
The hearing was held at Long Beach, California, on 3 and 29
August and 24 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 introduced in evidence two exhibits
and the testimony of one witness. | Appeal No. 2247 | Suspension and Revocation Appeals Authority | 6/3/1981 | 6/3/1981 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2248 - FREEMAN | This review has been taken in accordance with Title 46 United
States Code 239(g) and 46 CFR 5.30-1.
By order dated 19 June 1980, an Administrative Law Judge of
the United States Coast Guard at New Orleans, Louisiana, suspended
Appellant's seaman's documents for three months, plus three months
on twelve months' probation, upon finding him guilty of misconduct.
The specification found proved alleged that while serving as
operator/person-in-charge on board M/V IKE D and tow, under
authority of the license above captioned, on or about 17 January
1980, Appellant, while navigating the Mississippi River near New
Orleans, La., above the Huey P. Long Bridge, in darkness between
the hours of sunset and sunrise, wrongfully failed to show the
required navigation lights on his towing vessel and the barge in
tow.
The hearing was held at New Orleans, La., on 21 February, 11
and 25 March, 1 and 29 April, 8 May, 16 June, and 2 July 1980.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification. | Appeal No. 2248 | Suspension and Revocation Appeals Authority | 6/8/1981 | 6/8/1981 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2249 - DURAND | This appeal has been taken in accordance with Title 46 U.S.C.
239(g) and 46 CFR 5.30-1.
By order dated 30 November 1979, and Administrative Law Judge
of the United States Coast Guard at Jacksonville, Florida,
suspended Appellant's license for three months, plus six months on
twelve months' probation, upon finding him guilty of misconduct.
The amended specification found proved alleged that while serving
as Operator on board the United States M/V PILOT, O.N. 580326,
under authority of the documents above captioned, on or about 22
September 1977, Appellant operated said vessel in the Southwest
lane, in contravention of the Strait of Dover Traffic Separation
Scheme promulgated under authority of IMCO Resolution A. 284
(VIII), 20 November 1973. A second amended specification, that
Appellant did ship and discharge seaman without filing a report as
required by 46 U.S.C. 643(1), was found not proved.
The hearing was held at Jacksonville, Florida, on 23 April, 23
July, 28 September, and 4 October 1979.
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 thirteen
documentary exhibits and the testimony of one witness. | Appeal No. 2249 | Suspension and Revocation Appeals Authority | 6/8/1981 | 6/8/1981 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2250 - HADWARI | 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 25 April 1978, an Administrative Law Judge of
the United States Coast Guard at New York, New York, after a
hearing on several dates between 21 March and 6 April 1978,
suspended. Appellant's document for a period of three months on
probation of twelve months upon finding him guilty of misconduct.
The two specifications of the charge of misconduct found proved
allege (1) that Appellant, while serving as ordinary seaman aboard
SS AMERICAN AQUARIUS, under authority of the captioned document,
did, on or about 22 January 1978, while said vessel was in the
foreign port of Yokohoma, Japan, wrongfully fails to obey a lawful
order of the Third Officer, to wit, go below; (2) that Appellant,
while serving as aforesaid, did, on or about 22 January 1978, while
said vessel was leaving the foreign port of Yokohoma, Japan,
wrongfully direct obscene and abusive language at the Chief
Officer.
At the hearings Appellant was represented by professional
counsel. Appellant entered a plea of not guilty to the charge and
specifications. | Appeal No. 2250 | Suspension and Revocation Appeals Authority | 6/8/1981 | 6/8/1981 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2251 - FADL | This appeal has been taken in accordance with Title 46 U.S.C.
239(g) and 46 CFR 5.30-1.
By order dated 31 July 1980, 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 "conviction for a narcotic drug law violation." The one
specification found proved alleges that while holder of the
document above captioned, on or about 5 August 1970, Appellant was
convicted by the Criminal Court of the City of New York, County of
New York, a court of record, for violation of Section 220.05 of the
Penal Law of the State of New York, for criminal possession of a
dangerous drug, to wit; Hashish.
The hearing was held at New York, New York, on 25 July 1980.
Appellant did not appear and was not represented at the
hearing, which was held in absentia.
The Investigating Officer introduced in evidence two
documents. | Appeal No. 2251 | Suspension and Revocation Appeals Authority | 6/10/1981 | 6/10/1981 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2252 - BOYCE | 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 October 1979, 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
misconduct. The specification found proved alleged that while
serving as Able Bodied Seaman on board SS AMERICAN CHARGER under
authority of the document above captioned, on or about 16 October
1978, Appellant, while said vessel was in the port of San Diego,
California, wrongfully had in his possession narcotics.
The hearing was held at New York, New York on 3 January and
continued through 9 August 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, a deposition, and three documentary exhibits.
In defense, Appellant offered no evidence, but did submit a
Memorandum of Law.
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 Appellant.
The entire decision was served on 15 October 1979. Appeal was
timely filed on 9 November 1979 and perfected on 7 February 1980. | Appeal No. 2252 | Suspension and Revocation Appeals Authority | 6/10/1981 | 6/10/1981 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2253 - KIELY | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 30 April 1980, an Administrative Law Judge of
the United States Coast Guard at San Francisco, California,
suspended Appellant's license for three months on twelve month's
probation upon finding him guilty of inattention to duty. The
specification found proved alleges that while serving as Chief Mate
on board SS WORTH under authority of the license above captioned,
on or about 2 June 1978, at Texaco Eagle Point Westville, New
Jersey, on the Delaware River, Appellant failed to adequately
supervise a ballast loading operation on his vessel, causing
pollution of the navigable waters of the United States.
The hearing was held at San Francisco, California, on 15
October and 7 December 1979, 17 and 29 January 1980, and 30 April
1980.
At the hearing, Appellant was represented by counsel and
entered a plea of not guilty to each charge and specification.
The Investigating Officer introduced in evidence statements of
the Second Mate, Mr. William T. Smith; an affidavit of service on
Appellant of 5 October 1979 by the Investigating Officer; and a
Master's Report of Seaman Shipped or Discharged (CG-735(T)) dated
17 October 1979 for SS WORTH. | Appeal No. 2253 | Suspension and Revocation Appeals Authority | 6/10/1981 | 6/10/1981 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2254 - YOUNG | This appeal has been taken in accordance with Title 46 U.S.C.
239(g) and 46 CFR 5.30-1.
By order dated 6 March 1979, an Administrative Law Judge of
the United States Coast Guard at New York, New York revoked
Appellant's seaman's documents upon finding him guilty of
misconduct. The specification found proved alleged that while
serving as fireman-watertender on board SS AFRICAN NEPTUNE under
authority of the document above captioned, on or about 20 October
1977, Appellant had in his possession 1909.2 grams of marijuana, a
controlled substance.
The hearing was held at Philadelphia, Pennsylvania, on
December 13, 1978 and continued through February 7, 1979.
At the initial hearing, Appellant was represented by
professional counsel and entered a plea of not guilty to the charge
and specification. The counsel representing Appellant at the
hearing before the Administrative Law Judge failed to appear on
several occasions, despite agreed dates. On 8 January 1979, the
hearing proceeded without the presence of Appellant's counsel. At
a subsequent session counsel did appear, and was afforded the
opportunity of recalling the principal witness presented by the
Investigating Officer. Appellant is now represented by substitute
counsel. | Appeal No. 2254 | Suspension and Revocation Appeals Authority | 7/22/1981 | 7/22/1981 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2255 - BASIR | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and 46 CFR 5.30-1.
By order dated October 10, 1979, an Administrative Law Judge
of the United States Coast Guard at New York, New York, suspended
Appellant's seaman's documents for 2 months, plus 4 months on 12
months' probation, upon finding him guilty of misconduct. The
specifications found proved allege that while serving as Able
Seaman on board SS DELTA BOLIVIA under authority of the document
above captioned, on or about 2 December 1978, Appellant failed to
perform his duties because of intoxication; failed to obey direct
orders of the Third Mate and of the Chief Mate; wrongfully consumed
alcoholic beverages aboard DELTA BOLIVIA, and used foul and abusive
language toward the Third Mate.
The hearing was held on 15 February, 3 and 5 April, 11, 14,
and 29 May, and 11 and 28 June 1979.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specifications.
The Investigating Officer submitted three exhibits and the
sworn testimony of four witnesses.
In defense, Appellant submitted eight exhibits and his own
testimony. | Appeal No. 2255 | Suspension and Revocation Appeals Authority | 6/10/1981 | 6/10/9181 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2256 - MONTANEZ | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations
5.25-15.
By order dated 25 January 1980, an Administrative Law Judge of
the United States Coast Guard at Boston, Massachusetts revoked
Appellant's seaman's documents upon finding him guilty of
misconduct. The three specifications found proved alleged that
while serving as Ordinary Seaman on board SS BANNER under authority
of the document above captioned, on or about 10, 13 and 14 November
1979, Appellant failed to perform his duties as bow lookout.
The hearing was held at Boston, Massachusetts, on 29 November
1979 and 15 January 1980.
Appellant failed to appear at the hearing. The Administrative
Law Judge entered a plea of not guilty to the charge and each
specification on Appellant's behalf, and the hearing proceeded
in absentia.
The Investigating Officer introduced in evidence the testimony
of one witness and four exhibits.
No evidence was offered in defense. | Appeal No. 2256 | Suspension and Revocation Appeals Authority | 6/10/1981 | 6/10/1981 | | 12/21/2017 |
| 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 | 2258 - HOPKINS | 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 New York, New York, suspended
Appellant's license for three months, on twelve months' probation,
upon finding him guilty of negligence. The specifications found
proved alleged that while serving as Second Mate on board SS
MONTPELIER VICTORY under authority of the license above captioned,
on or about 27 January 1979, Appellant:
-negligently navigated the said vessel by failing to ascertain
the said vessel's position between approximately 1600 and 1650;
-did negligently plot upon the chart the 1610 fix incorrectly;
-did negligently alter the vessel's course from 287° gyro to
300° without first properly fixing the vessel's position,
contributing to the grounding of the said vessel; and
-did negligently turn over the deck watch to the Third
Officer, Walter S. BENECKY, without properly advising him of the
vessel's position, thereby contributing to the grounding of the
said vessel.
The Administrative Law Judge found that the latter two
specifications were proved as matters in aggravation with respect
to the first two specifications found proved, and not as
independent offenses. | Appeal No. 2258 | Suspension and Revocation Appeals Authority | 6/10/1981 | 6/10/1981 | | 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 | 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 | 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 |