| 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 | 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 | 2319 - PAVELEC | This appeal has been taken in accordance with Title 46 U.S.C.
239(g) and 46 CFR 5.30-1.
By order dated 21 January 1982, an Administrative Law Judge of
the United States Coast Guard at Houston, Texas suspended
Appellant's license for one month, plus two months on nine months'
probation, upon finding him guilty of negligence. The
specification found proved alleges that while serving as Operator
on board the M/V CANDY STORE under authority of the license above
captioned, on or about 5 November 1981, Appellant failed to
maintain a proper lookout which contributed to the collision
between the M/V CANDY STORE and the F/V MISS LAVON.
The hearing was held at Port Arthur, Texas on 8 December 1981.
At the hearing, Appellant was represented by profesional
counsel and entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced in evidence the testimony
of three witnesses and one exhibit. | Appeal No. 2319 | Suspension and Revocation Appeals Authority | 9/6/1983 | 9/6/1983 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2328 - MINTZ | This appeal has been taken in accordance with Title 46 U.S.C.
239(g) and 46 CFR 5.30-1.
By order dated 21 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, plus three months on
nine months' probation, upon finding him guilty of misconduct. The
specification found proved alleges that, while serving as Officer's
Bedroom Steward on board the SS PRESIDENT McKINLEY under authority
of the above captioned document, on or about 4 May 1981, Appellant
wrongfully failed to perform his assigned duties by absenting
himself from his duty station without permission at 1300 hours.
The hearing was held at Long Beach, California on 2 and 30
June 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 four documents into
evidence. | Appeal No. 2328 | Suspension and Revocation Appeals Authority | 10/4/1983 | 10/4/1983 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2341 - SCHUILING | 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 December 1982, an Administrative Law Judge
of the United States Coast Guard at Wilmington, N.C. admonished
Appellant upon finding him guilty of misconduct. The
specifications found proved allege that while serving as Chief
Engineer on board the United States vessel SS JACKSONVILLE under
authority of the license above captioned, on or about 8 October
1982, Appellant failed to notify the Officer in Charge, Marine
Inspection, Baltimore, Maryland, that the main propulsion motor of
the vessel was flooded, that on 8 October 1982 he allowed repairs
to be made to the main motor without the cognizance of the Officer
in Charge, Marine Inspection, and that on or about 13 October 1982,
Appellant failed to immediately notify the Officer in Charge,
Marine Inspection, Wilmington, N.C., of the failure at sea of the
vessel's main motor.
The hearing was held at Wilmington, N.C., on 4 November 1982. | Appeal No. 2341 | Suspension and Revocation Appeals Authority | 2/6/1984 | 2/6/1984 | | 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 | 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 | 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 | 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 | 2314 - CREWS | 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 April 1981, an Administrative Law Judge of
the United States Coast Guard at Jacksonville, Florida, revoked
Appellant's document, upon finding him guilty of misconduct. One
specification found proved alleged that while serving as Bosun on
board the SS SANTA LUCIA under authority of the document above
captioned, on or about 2 November 1980, Appellant wrongfully
assaulted and battered a fellow crewmember by striking him in the
face with his fist. A second specification found proved alleged a
simple assault on 3 November 1980 on another crewmember.
Additionally found proved are four specifications of either
wrongful absence or wrongful failure to perform duties, none of
which exceeds one day in duration, between 23 October 1980 and 2
January 1981.
The hearing, in four sessions, was held at New York, New York
on 12 January and 16 January 1981 and at Jacksonville, Florida on
30 January and 15 April 1981.
At the hearing, Appellant elected to act as his own counsel
and entered a plea of not guilty to the charge and to
specifications one through five and of guilty to specification six
alleging a wrongful failure to report for duty at 0800 and 1300, 2
January 1981 while the SS SANTA LUCIA was at anchor at Callao,
Peru. | Appeal No. 2314 | Suspension and Revocation Appeals Authority | 5/23/1983 | 5/23/1983 | | 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 | 2216 - SORENSEN | This appeal has been taken in accordance with Title 46 U.S.C.
239(g) and 46 CFR 5.30-1.
By order dated 26 April 1979, an Administrative Law Judge of
the United States Coast Guard at Baltimore, Maryland, admonished
Appellant upon finding him guilty of negligence. The specification
found proved alleged that while serving as pilot on board the SS
CHANCELLORSVILLE under authority of the captioned documents, on or
about 9 December 1978, Appellant failed to navigate with caution in
the vicinity of Courthouse Point, Maryland, thereby resulting in
said vessel running around.
The hearing was held at Baltimore, Maryland, on 24, 25
January, and 8, 14 and 15 February 1979.
At the hearing Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced in evidence the testimony
of two witnesses and five documents. | Appeal No. 2216 | Suspension and Revocation Appeals Authority | 5/29/1980 | 5/29/1980 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2332 - LORENZ | This appeal has been taken in accordance with Title 46 U.S.C.
239(g) and 46 CFR 5.30-1.
By order dated 26 April 1982, an Administrative Law Judge of
the United States Coast Guard at Houston, Texas suspended
Appellant's license for one month, on six months' probation, upon
finding him guilty of negligence. The specification found proved
alleges that while serving as Chief Engineer on board the United
States vessel SS AMERICAN HAWK under authority of the above
captioned license, on or about 23 January 1982, Appellant did fail
to maintain a proper quantity of fuel on board the vessel to
complete the voyage which commenced on 12 January 1982 from
Jacksonville, Florida. As a result the vessel lost all power
adjacent to the Galveston Bay Entrance Channel Lighted Buoy 7A,
hazarding navigation and the vessel.
The hearing was held at Galveston, Texas on 23 March 1982.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification. | Appeal No. 2332 | Suspension and Revocation Appeals Authority | 12/5/1983 | 12/5/1983 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2347 - WILLIAMS, A. D | 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 January 1983, and Administrative Law Judge
of the United States Coast Guard at New York, NY suspended
Appellant's seaman's documents for one month, plus two months on
nine months' probation, upon finding him guilty of misconduct. The
specifications found proved allege that while serving as Qualified
Member of the Engine Department (QMED) on board the SS CHESTNUT
HILL under authority of the document above captioned, on or about
9 December 1982, Appellant uttered abusive language toward the
Third Assistant Engineer and on or about 29 November 1982 failed to
stand his assigned watch.
The hearing was held at Philadelphia, PA on 12 January 1983.
At the hearing, Appellant was represented by non-professional
counsel and entered a plea of guilty to the charge and
specification alleging failure to stand his watch and not guilty to
uttering abusive language to the Third Assistant Engineer.
The Investigating Officer introduced in evidence the testimony
of three witnesses and three exhibits.
Appellant offered no evidence in defense. | Appeal No. 2347 | Suspension and Revocation Appeals Authority | 4/11/1984 | 4/11/1984 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2197 - GAINES | This appeal has been taken in accordance with title 46 U.S.C.
239(g) and 46 CFR 5.30-1.
By order dated 26 July 1978, an Administrative Law Judge of
the United States Coast Guard at Baltimore, Maryland, after a
hearing at Baltimore, Maryland, on 12 April and 6 July 1978,
suspended Appellant's license and document for a period of four
months and further suspended them for a period of two months on
twelve months' probation upon finding him guilty of misconduct.
The three specifications of the charge of misconduct found proved
allege (1) that Appellant while serving as Radio Officer aboard SS
JOHN B. WATERMAN, under authority of the captioned document, did,
on or about 23 March 1977, while said vessel was in the port of
Long Beach, California, wrongfully refuse to obey a lawful command
of the master to produce the radio log for an official inspection
by the Federal Communication Commission Inspector; (2) that
Appellant, while serving as aforesaid, did, on or about 23 March
1977, wrongfully fail to maintain the vessel's radio-telegraph log
as required by the 1960 SOLAS Convention, Chapter 4, regulation 16,
paragraphs (a) and (b); and (3) that Appellant, while serving as
aforesaid, did, on or about 23 March 1977, wrongfully refuse to
make the vessel's radio-telegraph log available for inspection as
required by the 1960 SOLAS Convention,Chapter 4, regulation 16,
paragraph (c). (The third specification was merged with the first,
and, as so merged, was found proved.) | Appeal No. 2197 | Suspension and Revocation Appeals Authority | 3/27/1980 | 3/27/1980 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 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 | 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 | 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 | 2334 - HARTLAGE.PDF | This appeal has been taken in accordance with Title 46 U.S.C.
239(g) and 46 CFR 5.30-1.
By order dated 3 December 1982, an Administrative Law Judge of
the United States Coast Guard at Wilmington, North Carolina
suspended Appellant's license for one month upon finding him guilty
of misconduct. The specification found proved alleges that while
serving as Master on board the United States SS JACKSONVILLE under
authority of the license above captioned, on or about 13 October
1982, Appellant wrongfully allowed the vessel to enter the port of
Wilmington, North Carolina without propulsion power, which was a
hazardous condition, without first notifying the Captain of the
Port, Wilmington, North Carolina as is required by 33 CFR 161.15
The hearing was held at Wilmington, North Carolina on 3 and 4
November 1982.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and each
specification. | Appeal No. 2334 | Suspension and Revocation Appeals Authority | 12/6/1983 | 12/6/1983 | | 12/20/2017 |
| 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 | 2320 - MINTZ | 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 September 1980, an Administrative Law Judge
of the United States Coast Guard at Long Beach, California
suspended Appellant's seaman's document for three months on twelve
months' probation, upon finding him guilty of misconduct. The
specifications found proved allege that, while serving as Steward
Utility on board the SS PRESIDENT POLK under authority of the above
captioned document Appellant: (1) on or about 2 December 1979
failed to obey the order of the Chief Steward to mop and buff
passenger deck passageways and to clean the passenger lounge and
card room; (2) on or about 2 December 1979 created a disturbance
in the Purser's foyer by using loud exclamations and profanity to
the Chief Steward; (3) on 7 December 1979 failed to obey the
order of the Chief Steward to clean the garbage room; and (4) on
8 December 1979 failed to obey the order of the Chief Steward to
clean the garbage room.
The hearing was held at Long Beach, California on 5 February,
14 and 17 April, 20 May, 10 and 12 June and 17 September. | Appeal No. 2320 | Suspension and Revocation Appeals Authority | 9/7/1983 | 9/7/1983 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2360 - WILKINS.PDF | 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 September 1981, an Administrative Law Judge
of the United States Coast Guard at Jacksonville, Florida
admonished Appellant upon finding him guilty of misconduct. The
specification found proved alleges that while serving as Operator
on board M/V FREEDOM under authority of the above captioned license
on or about 28 January 1981, Appellant exceeded the scope of his
license by navigating the enrolled, coastwise, seagoing barge OCEAN
193, while not on the high seas, without having on board a properly
licensed pilot as required.
The hearing was held at Jacksonville, Florida on 7 July 1981.
At the hearing, Appellant was not present but was represented
by professional counsel. A plea of not guilty to the charge and
specification was entered on his behalf. A stipulation of facts
was entered into between Appellant's counsel and the Investigating
Officer. The Investigating Officer also introduced in evidence an
additional document and stipulated to Appellant's negative prior record. | Appeal No. 2360 | Suspension and Revocation Appeals Authority | 6/12/1984 | 6/12/1984 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2342 - MAKRINOS | 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 August 1981, an Administrative Law Judge of
the United States Coast Guard at Boston, Massachusetts, suspended
Appellant's license for one month, upon finding him guilty of
misconduct. The specification found proved, alleges that while
serving as Master on board the United States S/S OASIS HAWAII,
under authority of the license above captioned, on or about 11
March 1981, Appellant allowed his vessel to depart the port of
Texas City, Texas with its load line submerged.
The hearing was held at Boston, Massachusetts, on 2 and 30
April, 28 and 29 May, 4 June, 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 14 exhibits
and called four witnesses. | Appeal No. 2342 | Suspension and Revocation Appeals Authority | 3/6/1984 | 3/6/1984 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2340 - JAFFEE | 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 January 1983, an Administrative Law Judge of
the United States Coast Guard at Almeda, California suspended
Appellant's license for six months, plus six months on twelve
month's probation, upon finding him guilty of negligence. The
specifications found proved allege that while serving as Operator
on board the United States motor vessel PILLAR POINT 3 under
authority of the license above captioned, on 7 November 1982,
Appellant knowingly carried passengers for hire on the PILLAR POINT
3 on a sport fishing voyage off the coast of California from Pillar
Point Harbor and back to Pillar Point Harbor with the starboard
engine inoperative, the starboard engine-driven bilge pump
inoperative, and the starboard shaft disconnected from the
reduction gear in an unsafe manner.
The hearing was held at Alameda, California on 1 December
1982.
At the hearing, Appellant elected to act as his own counsel
and entered a plea of not guilty to the charge and each
specification. | Appeal No. 2340 | Suspension and Revocation Appeals Authority | 1/20/1984 | 1/20/1984 | | 12/20/2017 |
| 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 | 2365 - EASTMAN | This appeal has been taken in accordance with Title 46 U.S.C.
239(g) and 46 CFR 5.30-1.
By order dated 4 August 1982, an Administrative Law Judge of
the United States Coast Guard at Portland, Maine suspended
Appellant's license for two months on twelve months' probation,
upon finding him guilty of negligence and misconduct. The
specification found proved under the charge of negligence alleges
that while serving as Operator on board the United States M/V
VIKING SUN under authority of the license above captioned, on or
about 21 June 1981, Appellant continued the voyage of the M/V
VIKING SUN into hazardous waters after the starboard engine
stalled. The specifications found proved under the charge of
misconduct allege that Appellant wrongfully: (1) failed to provide
the passengers with emergency procedures in accordance with 46 CFR
185.25-1 and (2) operated the M/V VIKING SUN while carrying
passengers without a valid certificate of inspection.
The hearing was held at Portland, Maine on 15, 16, and 17 June
1982. | Appeal No. 2365 | Suspension and Revocation Appeals Authority | 7/10/1984 | 7/10/1984 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2371 - MCFATE | This appeal has been taken in accordance with Title 46 U.S.C.
239(g) and 46 CFR 5.30-1.
By order dated 4 March 1983, 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 Appellant, while serving as
Assistant Engineer on board the M/V WARRIOR under authority of the
above captioned documents did, on or about 16 September 1980,
wrongfully assault and batter the Chief Engineer, Mr. Matthew P.
Laving, with a deadly weapon, to wit, a knife, and inflicted severe
bodily harm while the vessel was underway in San Juan Harbor,
Puerto Rico.
The hearing was held at Port Arthur, Texas, on 25 January
1983.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced five documents and the
testimony of two witnesses into evidence.
In defense, Appellant introduced his own testimony into
evidence. | Appeal No. 2371 | Suspension and Revocation Appeals Authority | 9/27/1984 | 9/27/1984 | | 12/7/2017 |
| 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 | 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 | 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 | 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 | 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 | 2322 - SHAW | This appeal has been taken in accordance with Title 46 U.S.C.
239(g) and 46 CFR 5.30-1.
By order rendered 16 February 1982, an Administrative Law
Judge of the United States Coast Guard at New York, New York,
revoked Appellant's merchant mariner's document upon finding him
guilty of the charge of "conviction for a narcotic drug law
violation." The specification found proved alleged that, while
holder of the document above captioned, on or about 17 August 1981,
Appellant was convicted by the Twenty-Third Judicial District Court
of St. James Parish, Louisiana, a court of record, for violation of
Sections 967(A) and (C) of 40 Louisiana Revised Statutes, a
narcotic drug law violation.
The hearing was held at New York, New York, on 8 December
1981, 12 January 1982 and 27 January 1982,
At the hearing, Appellant elected to act as his own counsel
and entered a plea of guilty to the charge and specification.
The Investigating Officer introduced in evidence two exhibits. | Appeal No. 2322 | Suspension and Revocation Appeals Authority | 9/7/1983 | 9/7/1983 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2200 - GARD | This appeal has been taken in accordance with Title 46 U.S.C.
239(G) and 46 CFR 5.30-1.
By order rendered 2 March 1979, an Administrative Law Judge of
the United States Coast Guard at St. Louis, Missouri, suspended
Appellant's seaman's documents for one month on six months'
probation, upon finding him guilty of negligence. The
specification found proved alleged that while serving that while
serving as Tankerman on board the Tank Barge NMS-3103 under
authority of the document above captioned, on or about 21 August
1978, Appellant failed to adequately supervise cargo loading
operations, causing an overflow and pollution of the navigable
waters of the upper Mississippi River near Pine Bend, Minnesota.
The hearing was held at St. Louis, Missouri, on 2 January and
2 March 1979.
At the hearing, Appellant was represented by non-professional
counsel. A plea of not guilty to the charge and specification was
entered in his behalf by the Administrative Law Judge.
The Investigating Officer introduced in evidence depositions
of one witness, and three exhibits.
Appellant offered no evidence in defense.
At the end of the hearing, the Administrative Law Judge rendered an oral decision in which he concluded that the charge and
specification had been proved. He then entered an order suspending
all documents issued to Appellant for a period of one month on six
months' probation.
The entire decision was served on 19 April 1979. Appeal was
timely filed on 19 March 1979 and perfected on the same day. | Appeal No. 2200 | Suspension and Revocation Appeals Authority | 4/8/1980 | 4/8/1980 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 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 | 2393 - STEWART | This appeal has been taken in accordance with Title 46 U.S.C.
239(g) and 46 CFR 5.30-l.
By order dated 3 August l982, 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
negligence. The specification found proved alleges that, while
serving as undocking master on board the M/V AL-TAHA, under authority
of the captioned license on 19 January 1982, Appellant did navigate
the M/V AL-TAHA aground on a charted shoal in Boston Harbor,
Massachusetts.
The hearing was conducted in Boston, Massachusetts, on
12 and 14 April and 3 May 1982.
At the hearing Appellant was represented by 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 eighteen exhibits. | Appeal No. 2393 | Suspension and Revocation Appeals Authority | 7/5/1985 | 7/5/1985 | | 12/7/2017 |
| 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 | 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 | 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 | 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 | 2374 - JETER | This appeal has been taken in accordance with Title 46 U.S.C.
7702 (b) and 46 CFR 5.30-1. By order dated 27 July 1983, 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 misconduct. The specification found proved
alleges that while serving as fleet chef aboard the SS EXXON SAN
FRANCISCO, under the authority of the document above captioned, on
or about 24 December 1981, while the vessel was at sea, Appellant
did wrongfully rape a crew member of the vessel, namely, Robin
Casson.
The hearing was held at Houston, Texas 14 December 1982, 22
and 24 January 1983, 9 February 1983 and 13 and 15 April 1983. At
the hearing Appellant was represented by professional counsel and
entered a plea of not guilty to the charge and specification.
The Investigating Officer introduced into evidence the
testimony of three witnesses, transcripts of depositions of six
additional witnesses, and seven other exhibits.
In defense, Appellant offered in evidence his own testimony,
the testimony of two additional witnesses, transcripts of
depositions of four witnesses, and three other exhibits. | Appeal No. 2374 | Suspension and Revocation Appeals Authority | 11/23/1984 | 11/23/1984 | | 12/7/2017 |
| Suspension and Revocation Appeals Authority | 2392 - BUSINELLE | This appeal has been taken in accordance with Title 46 U.S.C.
7702 and 46 CFR 5.30-1.
By order dated 12 July 1984, an Administrative Law Judge of
the United States Coast Guard at Houston, Texas, suspended
Appellant's license and document for one month plus an additional
two months on six months' probation upon finding proved the charge
of misconduct. The specification found proved alleges that while
serving as Master aboard the M/V POINT CHALEUR, under authority of
the captioned documents, Appellant did, on or about 4 May 1984,
operate the M/V POINT CHALEUR without a licensed chief engineer on
board as required by the vessel's Certificate of Inspection.
The hearing was held at Corpus Christi, Texas, on 5 June 1984.
At the hearing, Appellant elected to represent himself and
entered a plea of guilty to the charge and specification.
The Investigating Officer introduced in evidence five
exhibits.
In defense, Appellant introduced in evidence his own testimony
and one exhibit. | Appeal No. 2392 | Suspension and Revocation Appeals Authority | 6/13/1985 | 6/13/1985 | | 12/7/2017 |
| Suspension and Revocation Appeals Authority | 2366 - MONAGHAN | This appeal has been taken in accordance with Title 46 U.S.C.
7702 and 46 CFR 5.30-1.
By order dated 2 December 1983, an Administrative Law Judge of
the United States Coast Guard at St. Louis, Missouri suspended
Appellant's mariner's license for two months, on twelve months'
probation, upon finding him guilty of negligence. The
specification found proved alleges that while serving as Operator
on board the M/V STEEL PIONEER under authority of the license above
captioned, on or about 7 May 1983, Appellant navigated his flotilla
in such a manner that the port lead barge allided with the
guidewall at Markland Lock, Ohio River.
The hearing was held at Pittsburgh, Pennsylvania on 18 August
1983.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced in evidence seven
exhibits and the testimony of one witness. | Appeal No. 2366 | Suspension and Revocation Appeals Authority | 7/16/1984 | 7/16/1984 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2417 - YOUNG | This appeal has been taken in accordance with Title 46 U.S.C.
7702 and 46 CFR 5.30-1.
By order dated 24 January 1984, an Administrative Law Judge of
the United States Coast Guard at Long Beach, California, revoked
Appellant's merchant mariner's document upon finding him guilty of
misconduct and upon finding him incompetent to serve on board
merchant vessels of the United States.
The misconduct charge is supported by six specifications which
allege that Appellant, while serving as Able-Bodied Seaman aboard
the TT BAY RIDGE under the authority of his document, on or about
1 January 1984, did wrongfully:
(1) fail to perform his prescribed duties as lookout while
the TT BAY RIDGE was underway in the Pacific Ocean;
(2) fail to obey a lawful order of the Third Officer who was
on the bridge and ordering [sic] him in the capacity of the
Bridge Watch Officer to return to his lookout duty;
(3) fail to obey the orders of the Master when told to
accompany him to his office for logging at 2100 hours:
(4) create a disturbance on the bridge of the TT BAY RIDGE by
verbally confronting the Bosun while he was performing the
duties of Helmsman on the 2000 to 2400 bridge watch; | Appeal No. 2417 | Suspension and Revocation Appeals Authority | 1/3/1985 | 1/3/1985 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2399 - LANCASTER | This appeal has been taken in accordance with Title 46 U.S.C.
7702 and 46 CFR 5.30-1.
By order dated 26 February 1985, an Administrative Law Judge
of the United States Coast Guard at St. Louis, Missouri, suspended
Appellant's merchant mariner's license upon finding him guilty of
negligence. The specification found proved alleges that while
serving as Operator aboard the M/V PAT BREEN, under authority of
his license, Appellant did, on or about 5 March 1984, while down
bound on the Ohio River at approximately mile 860 fail to safely
navigate said vessel and its tow resulting in the tow grounding on
the left descending bank of the river.
The hearing was held at Evansville, Indiana on 24 April 1984.
At the conclusion of the hearing, the Administrative Law Judge
concluded that the Charge and specification had been proved and
entered an order suspending Appellant's merchant mariner's license.
The Decision and Order was served 28 February 1985. Appeal
was timely filed and a copy of the transcript requested on 21 March
1985. | Appeal No. 2399 | Suspension and Revocation Appeals Authority | 7/31/1985 | 7/31/1985 | | 12/7/2017 |
| Suspension and Revocation Appeals Authority | 2394 - ANTUNEZ | This appeal has been taken in accordance with Title 46 U.S.C.
7702 and 46 CFR 5.30-1.
By order dated 27 July 1983, an Administrative Law Judge of
the United States Coast Guard at Houston, Texas, revoked
Appellant's merchant mariner's document upon finding him guilty of
misconduct. The specification found proved alleges that while
serving aboard the SS LESLIE LYKES, under authority of his
document, Appellant did, on or about 21 July 1983, while the ship
was moored in Houston, Texas, wrongfully have in his possession
marijuana.
The hearing was held at Houston, Texas, on 27 July 1983.
At the conclusion of the hearing, the Administrative Law Judge
concluded that the charge and specification had been proved and
entered an order revoking Appellant's merchant mariner's document.
The Decision and Order was served 12 September 1983. Appeal
was timely filed and a copy of the transcript requested on 25
August 1983. | Appeal No. 2394 | Suspension and Revocation Appeals Authority | 7/11/1985 | 7/11/1985 | | 12/7/2017 |
| Suspension and Revocation Appeals Authority | 2383 - SWIERE | This appeal has been taken in accordance with Title 46 U.S.C.
7702 and 46 CFR 5.30-1.
By order dated 31 August 1984 an Administrative Law Judge of
the United States Coast Guard at Houston, Texas revoked Appellant's
documents upon finding him guilty of the charge of "conviction for
a dangerous drug law violation." The specification found proved
alleges that being the holder of the license and document above
captioned, on or about 12 October 1979, Appellant was convicted by
the U. S. District court for the Eastern District of Texas of
Violating a dangerous drug law of the United States, to wit:
marijuana possession.
The hearing was held at Houston, Texas on 31 August 1984.
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 four
exhibits. | Appeal No. 2383 | Suspension and Revocation Appeals Authority | 2/22/1985 | 2/22/1985 | | 12/7/2017 |
| Suspension and Revocation Appeals Authority | 2407 - GONSALVES | This appeal has been taken in accordance with Title 46 U.S.C.
7702 and 46 CFR 5.30-1.
By order dated 6 April 1984, an Administrative Law Judge of
the United States Coast Guard at Honolulu, Hawaii, suspended
Appellant's license for six months plus an additional six months
remitted on 12 months' probation, upon finding proved the charge of
negligence. The specification originally alleged that Appellant
while serving as Chief Engineer aboard the F/V OCEAN PEARL under
authority of the captioned license did on or about 21 November 1983
while said vessel was at sea negligently allow oxygen and starting
fluid (ether) to be used to start the vessel's main engine which
resulted in an explosion which fatally burned the Master and
seriously burned six other crewmembers.
At sessions of the hearing convened in Honolulu, Hawaii, on 17
and 18 January 1984, Appellant was absent but was represented by
professional counsel. | Appeal No. 2407 | Suspension and Revocation Appeals Authority | 9/17/1985 | 9/17/1985 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2395 - LAMBERT | This appeal has been taken in accordance with Title 46 U.S.C.
7702 and 46 CFR 5.30-1.
By order dated 8 November 1983, an Administrative Law Judge of
the United States Coast Guard at Jacksonville, Florida suspended
Appellant's license for six months, on twelve months' probation,
upon finding prove a charge of negligence. The specifications
found proved allege that while serving as Master on board the
United State Army Dredge McFARLAND under authority of the license
above captioned, on 1 May 1983, Appellant failed to ensure proper
supervision of the removal of an electric hydraulic solenoid valve
and failed to ensure that proper precautions were taken before
allowing hotwork to be performed on the hydraulic system.
The hearing was held at Jacksonville, florida, on 10 August
1983 and 23 September 1983. appellant was represented by
professional counsel and entered pleas of not guilty to the charge
and each specification.
The Investigating Officer introduced in evidence eight
exhibits and the testimony of six witnesses. In defense, Appellant
introduced his own testimony, that of another witness, and three exhibits. | Appeal No. 2395 | Suspension and Revocation Appeals Authority | 7/11/1985 | 7/11/1985 | | 12/7/2017 |