| Suspension and Revocation Appeals Authority | 2413 - KEYS | This appeal has been taken in accordance with 46 U.S.C. 7702 and
46 CFR 5.30-1.
By order dated 4 December 1984, and Administrative Law Judge of
the United States Coast Guard at New York, New York, revoked
Appellant's merchant mariner's document upon finding proved the
charge of misconduct. The specifications found proved allege that
Appellant, while serving as Able-bodied seaman aboard the SS SANTA
ROSA, under the authority of the captioned document, on 8 July 1984:
(1) failed to turn to for docking operations, and (2) had in his
possession marijuana and valium.
The hearing was held at Philadelphia, Pennsylvania on
21 November 1984.
At the hearing Appellant was represented by professional counsel
and entered a plea of not guilty to the charge and both
specifications.
The Investigating Officer introduced in evidence two exhibits and
the testimony of one witness.
In defense, Appellant testified in his own behalf. | Appeal No. 2413 | Suspension and Revocation Appeals Authority | 10/18/1985 | 10/18/1985 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2414 - HOLLOWELL | This appeal has been taken in accordance with 46 U.S.C. 7702 and
46 CFR 5.30-1.
By order dated 4 December 1984, and Administrative Law Judge of
the United States Coast Guard at New York, New York, revoked
Appellant's merchant mariner's document upon finding proved the
charge of misconduct. The specifications found proved allege that
Appellant, while serving as Able-bodied seaman aboard the SS SANTA
ROSA, under the authority of the captioned document, on 8 July 1984:
(1) failed to turn to for docking operations, and (2) had in his
possession marijuana and valium.
The hearing was held at Philadelphia, Pennsylvania on
21 November 1984.
At the hearing Appellant was represented by professional counsel
and entered a plea of not guilty to the charge and both
specifications.
The Investigating Officer introduced in evidence two exhibits and
the testimony of one witness.
In defense, Appellant testified in his own behalf. | Appeal No. 2414 | Suspension and Revocation Appeals Authority | 11/27/1985 | 11/27/1985 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2415 - MARSHBURN | This appeal has been taken in accordance with 46 U.S.C. 7702 and
former 46 CFR 5.30-1 (currently 46 CFR Part 5, Subpart J.).
By order dated 13 February l984, an Administrative Law Judge of
the United States Coast Guard at Norfolk, Virginia, suspended
Appellant's license for three months on six months' probation upon
finding proved the charge of negligence. The specification found
proved alleges that while serving as Operator aboard the Tug CHAUNCY
[sic], under the authority of the captioned document, on 26 August
1983, while the vessel was navigating the Alligator River - Pungo
River Canal, NC, Appellant maneuvered his flotilla - the towing vessel
and two nonpropelled barges - resulting in an collision between the
lead barge and the Fairfield Swing Bridge.
The hearing was held at Wilmington, North Carolina, on 15
September 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 four exhibits
and the testimony of three witnesses. | Appeal No. 2415 | Suspension and Revocation Appeals Authority | 11/27/1985 | 11/27/1985 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2416 - MOORE | This appeal has been taken in accordance with 46 U.S.C. 7702
and former 46 CAR 5.30-1 (currently 46 CFR Part 5, Subpart J.).
By order dated 30 May 1984, an Administrative Law Judge of the
United States Coast Guard at St. Louis, Missouri, suspended
Appellant's license for three months on twelve months' probation
upon finding proved the charge of negligence. The specification
found proved alleges that Appellant, while serving as operator
aboard the M/V THERESA SELEY, under the authority of the captioned
document, on or about 1 September 1983, did fail to operate the
vessel in safe and prudent manner in the area of miles 956-959,
Ohio River, to wit, operating said vessel in the above river area
when its draft exceeded the channel project depth, resulting in
damage to and subsequent pollution from the vessel.
The hearing was held at Paducah, Kentucky, on 1 November 1983.
At the hearing Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
supporting specification.
The Investigating Officer introduced in evidence eight
exhibits and the testimony of three witnesses. | Appeal No. 2416 | Suspension and Revocation Appeals Authority | 1/3/1986 | 1/3/1986 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2418 - DOUGHERTY | This appeal has been taken in accordance with 46 U.S.C. 7702
and former 46 CFR 5.30-1 (currently 46 CFR Part 5, Subpart J).
By order dated 24 April 1985, an Administrative Law Judge of
the United States Coast Guard at St. Louis, Missouri, suspended
Appellant's license for three months remitted on twelve months'
probation upon finding proved the charge of negligence. The
specification found proved alleges that Appellant, while serving as
Operator board the M/V JAMES E. NIVIN, under the authority of the
captioned document, on or about 8 February 1984, failed to operate
his vessel so as to avoid alliding with the mooring cell on the
Kentucky side of the Portland Canal in Louisville, Kentucky.
The hearing was held at Louisville, Kentucky, on 25 April
1984.
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 eight
exhibits. | Appeal No. 2418 | Suspension and Revocation Appeals Authority | 2/11/1986 | 2/11/1986 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2419 - MURPHY | This appeal has been taken in accordance with 46 U.S.C. 7702
and former 46 CFR 5.30-1 (currently 46 CFR Part 5, Subpart J).
By order dated 17 May 1985, an Administrative Law Judge of the
United States Coast Guard at St. Louis, Missouri, suspended
Appellant's license for two months outright plus an additional two
months on eight months' probation upon finding proved the charge of
negligence. The specification found proved alleges that
Appellant,while serving as Operator aboard the M/V JOE BOBZIEN,
under the authority of the captioned document, on or about 6
January 1985, navigated his tow in such a manner as to cause the
tow to collide with the fleeted barges at Mile 808.5, Ohio River,
left descending bank.
The hearing was held at Evansville, Indiana, on 20 February
1985.
At the hearing Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification. | Appeal No. 2419 | Suspension and Revocation Appeals Authority | 3/3/1986 | 3/3/1986 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2420 - LENTZ. | This appeal has been taken in accordance with 46 U.S.C. 7702
and former 46 CFR 5.30-1 (currently 46 CFR Part 5, Subpart J.).
By order dated 25 February 1985, an Administrative Law Judge
of the United States Coast Guard at Long Beach, California,
suspended Appellant's license for twelve months outright plus an
additional three months on twelve months' probation upon finding
proved the charge of negligence. The specification found proved
alleges that Appellant, while serving as Operator aboard the M/V
CAPT DARCE, under the authority of the captioned document, on or
about 25 August 1984, while the vessel was underway in San Pedro
Bay with the barge SPARTAN 110 in tow, negligently failed to
maintain a proper lookout. A second specification, alleging a
failure to navigate the CAPT DARCE with due caution, thereby
causing an allision between the barge SPARTAN 110 and the anchored
P/C GOOD ID, was found not proved.
The hearing was held at Long Beach, California, on 22 October
1984, 20 November 1984 and 6 February 1985. | Appeal No. 2420 | Suspension and Revocation Appeals Authority | 3/18/1986 | 3/18/1986 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2421 - RADER | This appeal has been taken in accordance with 46 U.S.C. 7702
and 46 CFR 5.30-1.
By order dated 12 April 1985, and Administrative Law Judge of
the United States Coast Guard at Seattle, Washington, suspended
Appellant's license for two months outright upon finding proved the
charge of negligence. The specification found proved alleges that
while serving as Operator aboard the TUG WESTERN COMET, under the
authority of the captioned document, on 26 April 1984, Appellant
failed to maintain a proper lookout, contributing to a collision
with a pleasure vessel on the Willamette River at approximately
river mile 3.5.
The hearing was held at Seattle, Washington, on 5 February
1985.
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 ten exhibits
and the testimony of two witnesses. | Appeal No. 2421 | Suspension and Revocation Appeals Authority | 3/25/1986 | 3/25/1986 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2422 - GIBBONS | This appeal has been taken in accordance with 46 U.S.C. 7702
and former 46 CFR 5.30-1 (currently 46 CFR Part 5, Subpart J.).
By order dated 4 March 1985, an Administrative Law Judge of
the United States Coast Guard at Houston, Texas, suspended
Appellant's document for six months outright plus an additional six
months' suspension on twelve months' probation upon finding proved
the charge of misconduct. The notice of hearing, charge and
specifications set forth two charges of misconduct, each supported
by one specification. At the outset of the hearing, the
Administrative Law Judge amended the charges by substituting in
lieu thereof a single charge of misconduct supported by the two
specifications. The specifications found proved allege that
Appellant, while serving as Boatswain aboard the M/V COVE SAILOR,
under authority of the captioned document, (1) did on or about 27
January 1985, the said vessel being at sea, wrongfully assault and
batter an Able Bodied Seaman by striking him in the throat and
kicking him in the stomach, head and back, and (2) did on or about
25 January 1985, wrongfully assault the Chief Pumpman by making
threatening remarks.
The hearing was held at Houston, Texas, on 4 February 1985.
Appellant failed to appear at the hearing. The Administrative
Law Judge entered a plea of not guilty on Appellant's behalf to the
charge and each specification. The hearing was conducted in
absentia. | Appeal No. 2422 | Suspension and Revocation Appeals Authority | 6/2/1986 | 6/2/1986 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2423 - WESSELLS | This appeal has been taken in accordance with 46 U.S.C. 7702
and former 46 CFR 5.30-1 (currently 46 CFR Part 5, Subpart J.).
By order dated 13 February 1985, an Administrative Law Judge
of the United States Coast Guard at Alameda, California, suspended
Appellant's license for one month on three months' probation upon
finding proved the charge of misconduct. The specification found
proved alleges that Appellant, while serving as Chief Engineer
aboard USNS CONTENDER T-AGOS-2, under authority of the captioned
document, did on or about 22 September 1984, while said vessel was
moored in Oakland, California, wrongfully fail to perform his
duties due to intoxication.
The hearing was held at Alameda, California, on 9 October 1984
and 13 February 1985. On 9 October 1984, Appellant did not
personally attend the hearing but he was represented by
professional counsel. Counsel entered a plea of not guilty on
Appellant's behalf to the charge and supporting specification.
Appellant was present with counsel when the hearing reconvened on
13 February 1985. | Appeal No. 2423 | Suspension and Revocation Appeals Authority | 6/5/1986 | 6/5/1986 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2425 - BUTTNER | This appeal has been taken in accordance with 46 U.S.C. 7702
and 46 CFR 5.30-1.
By order dated 17 December 1984, an Administrative Law Judge
of the United States Coast Guard at Almadea, California, suspended
Appellant's license for three months remitted on nine months'
probation upon finding proved the charged of negligence. The
specification found proved alleges that while serving as Pilot
aboard the S.S. CORNUCOPIA, under the authority of the captioned
document, on 1 June 1984, Appellant navigated the vessel in a
negligent manner, resulting in an allision with and the dragging
off-station of the San Francisco Bay, Blossom Rock Buoy (LLNR 592).
The hearing was held at Alameda, California, on 5 and 18
September 1984.
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 exhibits
and the testimony of two witnesses. | Appeal No. 2425 | Suspension and Revocation Appeals Authority | 6/5/1986 | 6/5/1986 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2424 - CAVANAUGH | This appeal has been taken in accordance with 46 U. S. C. 7702
and 46 CFR 5.30-1.
By order dated 31 January 1985, an Administrative Law Judge of
the United States Coast Guard at Alameda, California, revoked
Appellant's seaman's document upon finding proved a charge of
misconduct and a charge of being a user of a dangerous drug. The
specifications supporting these two charges allege that Appellant,
while serving under authority of the captioned document on board
the SS CONSTITUTION did, on or about 1900 24 February 1984 while
said vessel was at sea, wrongfully use cocaine and at the same time
and place, being holder of the captioned document, was a user of
and did use cocaine.
The hearing was held at Honolulu, Hawaii, on 10, 23 and 24
March 1984.
At the hearing Appellant was represented by professional
counsel and entered a plea of not guilty to the charges and
specifications.
The Investigating Officer introduced in evidence four exhibits
and the testimony of five witnesses.
In defense, Appellant introduced in evidence two exhibits, his
own testimony, and the testimony of four additional witnesses. | Appeal No. 2424 | Suspension and Revocation Appeals Authority | 6/6/1986 | 6/6/1986 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2426 - FUTCHER | This appeal has been taken in accordance with 46 CFR 5.707.
By order dated 24 March 1986, an Administrative Law Judge of
the United States Coast Guard at New York, New York, revoked
Appellant's license and merchant mariner's document upon finding
proved a charge of misconduct. The charge was supported by four
specifications which alleged that Appellant, while serving as
Pilot/Mate on board the M/V CAPE MAY, on or about 31 July 1985
wrongfully fraternized with a 14-year-old female passenger,
wrongfully engaged in undue familiarity with a 14-year-old female
passenger, wrongfully engaged in sexual intercourse with a
14-year-old female passenger, and wrongfully failed to exclude a
14-year-old female passenger from the pilot hose and bridge of the
vessel, as prohibited by 46 CFR 78.10-1.
On 3 April 1986, Appellant filed a notice of appeal and
requested a temporary document pending appeal. The Administrative
Law Judge denied the request by order dated 7 April 1986.
BASES OF APPEAL
This appeal has been taken from the denial of a temporary
document.Appellant urges that the administrative Law Judge erred in
finding the specifications proved and in revoking Appellant's
license and document. Appellant contends further that he should be
issued a temporary license because he cannot be presumed to be a
hazard to the navigation of any vessel. | Appeal No. 2426 | Suspension and Revocation Appeals Authority | 7/21/1986 | 7/21/1986 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2430 - BARNHART | This appeal has been taken in accordance with 46 U.S.C. 7702
and 46 CFR 5.30-1.
By order dated 12 June 1985, an Administrative Law Judge of
the United States Coast Guard at Long Beach, California, revoked
Appellant's merchant mariner's document upon finding proved the
charge of misconduct. The specification supporting the charge
alleges that Appellant, while serving as pumpman on board the SS
LION OF CALIFORNIA, under authority of the captioned document, did
on or about 19 April 1985 at Berth 118, Los Angeles Harbor,
wrongfully have in his possession certain narcotics, to wit:
marijuana.
The hearing was held at Long Beach, California, on 10 and 24
May 1985.
Appellant appeared at the hearing without counsel and entered
a plea of not guilty to the charge and specification.
The Investigating Officer introduced in evidence three
exhibits and the testimony of one witness.
In defense, Appellant testified in his own behalf. | Appeal No. 2430 | Suspension and Revocation Appeals Authority | 8/4/1986 | 8/4/1986 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2429 - ROBERTS | This appeal has been taken in accordance with 46 U.S.C. 7702
and 46 CFR 5.30-1.
By order dated 10 June 1985, an Administrative Law Judge of
the United States Coast Guard at New York, New York, admonished
Appellant upon finding proved the charge of misconduct. The
specification found proved alleges that while serving as pilot
aboard the Greek flag M/V VERGO, under the authority of the
captioned documents, on 4 September 1984, Appellant piloted the
vessel on the Delaware River from Fairless Steel Works, Trenton,
New Jersey, to Philadelphia, Pennsylvania, an are beyond the scope
of his license. Aa second charge, alleging negligence, was found
not proved and was dismissed.
The hearing was held at Philadelphia, Pennsylvania, on 28
March, 18 April, and 8 May 1985.
At the hearing Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification. | Appeal No. 2429 | Suspension and Revocation Appeals Authority | 8/5/1986 | 8/5/1986 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2428 - NEAT | This appeal has been taken in accordance with 46 U.S.C. 7702
and 46 CFR 5.30-1.
By order dated 23 July 1958, an Administrative Law Judge of
the United States Coast Guard at Jacksonville, Florida, revoked
Appellant's license upon finding proved the charge of "narcotics
conviction." The specification found proved alleges that, being
the holder of the captioned document, on or about 12 June 1987,
Appellant was convicted by the Twenty-fourth Judicial District
Court, Parish of Jefferson, State of Louisiana, a court of record,
for knowingly and intentionally possessing with intent to
distribute a controlled dangerous substance, to wit: marijuana. A
second charge, alleging misconduct, was found not proved.
The hearing was held at Miami, Florida, on 23 July 1985.
Appellant appeared at the hearing without counsel and entered
a plea of not guilty to the charge and specification.
The Investigating Officer introduced in evidence two exhibits. | Appeal No. 2428 | Suspension and Revocation Appeals Authority | 8/7/1986 | 8/7/1986 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2431 - HERNANDEZ | This appeal has been taken in accordance with 46 U.S.C. 7702 and
46 CFR 5.30-1 (currently 46 CFR Part 5, Subpart J).
By order dated 28 February 1985, an Administrative Law Judge of
the United States Coast Guard at Houston, Texas, suspended Appellant's
document for one month outright plus an additional two months'
suspension on ten months' probation upon finding proved the charges of
misconduct and inattention to duty. The misconduct charge was
supported by two specifications. The specifications found proved
allege that Appellant, while serving as person in charge aboard T/B
NMS 1906, under authority of the captioned documents, on or about
1655, 27 January 1985, (1) did fail to insure that the cargo tank
butterworth covers were securely shut prior to cargo transfer
resulting in an oil spill into the Calcasieu River (33 CFR
156.120(e)), and (2) did transfer oil from said barge without the
required oil transfer procedures. The inattention to duty
specification found proved alleges that Appellant, while serving as
aforesaid, did fail to insure both of the required fire extinguishers
were in serviceable condition prior to cargo oil transfer.
The hearing was held at Port Arthur, Texas, on 19 February 1985.
At the hearing, Appellant appeared without professional counsel and
entered a plea of not guilty to the charges and supporting
specifications.
The Investigating Officer introduced in evidence six exhibits and
the testimony of two witnesses. In defense, Appellant introduced in
evidence two exhibits.
The Administrative Law Judge rendered a written Decision and
Order on 28 February 1985. He concluded that the charge and
specifications of misconduct and the charge and specification of
inattention to duty had been proved and suspended Appellant's document
for one month outright plus an additional two months' suspension on
ten months' probation. | Appeal No. 2431 | Suspension and Revocation Appeals Authority | 8/21/1986 | 8/21/1986 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2432 - LEON | This appeal has been taken in accordance with 46 U.SC. 7702
and former 46 CFR 5.30-1 (currently 46 CFR Part 5, Subpart J).
By order dated 18 June 1985, an Administrative Law Judge of
the United States Coast Guard at Norfolk, Virginia, revoked
Appellant's merchant mariner's document upon finding proved a
charge of misconduct. The charge was supported by three
specifications which alleged that appellant, while serving as A.B.
on board the S.S. STONEWALL JACKSON, on or about 1 February 1985
wrongfully failed to perform his duty as lookout by being asleep on
watch; on or about 3 February 1985 wrongfully failed to perform his
duty as lookout by not timely relieving the watch; and on or about
19 February 1985 had in his possession marijuana.
The hearing was held at Norfolk, Virginia, on 19 March, 2
April, 24 April, 15 May, and 21 May 1985. At the hearing,
Appellant was represented by professional counsel and entered a
plea of not guilty to the charges and supporting specifications.
The Investigating Officer introduced in evidence five exhibits
and the testimony of one witness. In defense, Appellant testified
on his own behalf, and introduced in evidence one exhibit and the
testimony of one additional witness. | Appeal No. 2432 | Suspension and Revocation Appeals Authority | 9/4/1986 | 9/4/1986 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2433 - BARNABY | This appeal has been taken in accordance with 46 U.S.C. 7702
and 46 CFR 5.701.
By order dated 3 February 1986, an Administrative Law Judge of
the United States Coast Guard at St. Louis, Missouri, revoked
Appellant's license upon finding proved the charges of "conviction
of a narcotic drug law violation" and "misconduct." The first
specification found proved alleges that, being the holder of the
captioned document, on or about 22 December 1978, Appellant was
convicted in the Circuit Court of Cook County, Illinois for
possession of cannabis, a dangerous drug with intent to distribute
a controlled dangerous substance, to wit: marijuana. The second
specification found proved alleges that Appellant, while making
application to the U.S. Coast Guard Regional Examination Center,
Toledo, Ohio for renewal of his license, misrepresented the
particulars of his prior record by failing to reveal a prior
conviction for possession of cannabis. | Appeal No. 2433 | Suspension and Revocation Appeals Authority | 9/22/1986 | 9/22/1986 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2434 - CORVELEYN | This appeal has been taken in accordance with 46 U.S.C. 7702
and 46 CFR 5.701.
By order dated 7 March 1986, an Administrative Law Judge of
the United States Coast Guard at Alameda, California, suspended
Appellant's license for six months remitted on twelve months'
probation upon finding proved the charge of Violation of
Regulation. The specification found proved alleges that while
serving as Master aboard the S.S. AMERICAN SPITFIRE, under the
authority of the captioned document, on or about 17 December 1985,
Appellant sailed from Midway Island in the Pacific Ocean with
incompatible cargo stowage in hold no. 2. The specification
further alleges that certain Class X-A explosives were incompatibly
stowed with certain Class VII explosives, in that the two were
separated by a structure made of wood boards that did not meet the
minimum requirements for a partition bulkhead, in violation of 46
CFR 146.29-51(a) and (b), the chart accompanying 46 CFR 146.29-99
and 46 CFR 146.29-100, and the definition of a partition bulkhead
at 46 CFR 146.29-11(c)(36). A second specification also alleging
a violation of regulation was found not proved and was dismissed by
the Administrative Law Judge. | Appeal No. 2434 | Suspension and Revocation Appeals Authority | 10/1/1986 | 10/1/1986 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2435 - BABER | This appeal has been taken in accordance with 46 U.S.C. 7702
and 46 CFR 5.701.
By order dated 22 January 1985, an Administrative Law Judge of
the United States Coast Guard at Miami, Florida, revoked
Appellant's license upon finding proved the charge of conviction
for a narcotic drug law violation. The specification found proved
alleges that, being the holder of the captioned document, on or
about 12 August 1983, Appellant was convicted by the Circuit Court
of Broward County, Florida for possession of cocaine, in violation
of F.S. 893.03(2)(a)(4) and F.S. 893.13(1)(e).
The hearing was held at Miami, Florida, on 22 January 1985.
Appellant appeared at the hearing without counsel and entered
a plea of guilty to the charge and specification.
The Investigating Officer introduced in evidence five
exhibits.
Appellant introduced in evidence one exhibit and his own
testimony. | Appeal No. 2435 | Suspension and Revocation Appeals Authority | 10/14/1986 | 10/14/1986 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2436 - STAFFNEY | This appeal has been taken in accordance with 46 USC 7702 and
46 CFR 5.701.
By order dated 1 November 1985, an Administrative Law Judge of
the United States Coast Guard at Jacksonville, Florida, suspended
Appellant's license for one month, remitted on three months'
probation, upon finding proved the charge of misconduct. The first
specification found proved alleges that Appellant, under the
authority of the captioned license, between 22 and 27 January 1985,
wrongfully operated the vessel ZENOVIA carrying passengers for hire
while the vessel was documented exclusively for pleasure, in
violation of 46 CFR 67.45-19. The second specification found
proved alleges that Appellant, under the authority of the captioned
license, during the same time period, wrongfully operated the
ZENOVIA carrying passengers for hire while liquified petroleum gas
was used, in violation of 46 CFR 25.45-1(a), 46 CFR 147.03-11 and
46 CFR 147.05-100 Table S. | Appeal No. 2436 | Suspension and Revocation Appeals Authority | 10/14/1986 | 10/14/1986 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2438 - TURNER | This appeal has been taken in accordance with 46 U.S.C. 7702
and former 46 CFR 5.30-1 (currently 46 CFR Part 5, Subpart J).
By order dated 19 July 1985, an Administrative Law Judge of
the United States Coast Guard at Houston, Texas, suspended
Appellant's license for six months upon finding proved the charges
of negligence and misconduct. The negligence specifications found
proved alleges that Appellant, while serving as operator aboard the
M/V GULF QUEEN, under authority of the captioned document, did on
or about 9 March 1985 fail to sound proper whistle signals, while
said vessel was at anchor in an area of restricted visibility, at
or near 28°55'N and 92°52'W in the Gulf of Mexico. The misconduct
specification found proved alleges that Appellant did, on or about
8 March 1985, proceed on a voyage of greater than 12 hours, without
the required number of licensed operators on board, at or near
28°55'N and 92°52'W in the Gulf of Mexico.
The hearing was held at Port Arthur, Texas, on 15 April 1985.
At the hearing, Appellant was represented by professional counsel
and entered a plea of not guilty to the charges and supporting
specifications. | Appeal No. 2438 | Suspension and Revocation Appeals Authority | 11/24/1986 | 11/24/1986 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2439 - FREDERICKS | This appeal has been taken in accordance with 46 CFR 5.707.
By order dated 22 September 1986, an Administrative Law Judge
of the United States Coast Guard at Norfolk, Virginia, revoked
Appellant's license upon finding proved charges of negligence and
misconduct. The negligence charge was supported by two
specifications which alleged that Appellant, while serving as
operator on board the M/V NATIVE SON, on or about 26 April 1986
negligently failed to keep clear while overtaking another vessel,
and negligently crossed the bow of another vessel, thus endangering
the life, limb and property of the passengers and crew aboard the
two vessels. The misconduct charge was supported by two
specifications which alleged that Appellant, while in preparation
for a trip from St. Thomas, U. S. Virgin Islands to Tortola,
British Virgin Islands, on or about 10 May 1986, failed to give a
safety orientation prior to getting underway or to have placards
posted as required by 46 CFR 185.25-1(d), and while acting in the
same capacity on the same date failed to have on board and
available for inspection his license as required by 46 CFR
185.10-1. | Appeal No. 2439 | Suspension and Revocation Appeals Authority | 12/5/1986 | 12/5/1986 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2440 - LYONS | This appeal has been taken in accordance with 46 CFR 5.707.
By order dated 3 October 1986, an Administrative Law Judge of
the United States Coast Guard at St. Louis, Missouri, suspended
Appellant's license and merchant mariner's document for one year
outright, plus an additional three months on eighteen months'
probation upon finding proved the charge of misconduct. The
specification found proved alleged that Appellant, while serving as
Pilot on board the M/V FEDERAL CALUMET, on or about 25 November
1985, wrongfully directed the movement of the vessel while under
the influence of an intoxicant.
On 13 October 1986, Appellant filed a notice of appeal and
requested a temporary license pending approval. The Administrative
Law Judge denied the request by order dated 22 October 1986. | Appeal No. 2440 | Suspension and Revocation Appeals Authority | 12/10/1986 | 12/10/1986 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2441 - HESTER | This appeal has been taken in accordance with 46 U.S.C. 7702
and 46 CFR 5.30-1.
By order dated 26 September 1985, an Administrative Law Judge
of the United States Coast Guard at New Orleans, Louisiana, revoked
Appellant's license upon finding proved the charge of "conviction
of a narcotic drug law violation." The specification found proved
alleges that, being the holder of the captioned document, on or
about 15 December 1983, Appellant was convicted by the State of
Mississippi, Circuit Court of Jackson County, of possession of
marijuana.
The hearing was held at New Orleans, Louisiana, on 25
September 1985.
Appellant appeared at the hearing without counsel. The
Administrative Law Judge entered on Appellant's behalf an answer of
denial to the charge and specification.
The Investigating Officer introduced in evidence five
exhibits. | Appeal No. 2441 | Suspension and Revocation Appeals Authority | 12/10/1986 | 12/10/1986 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2442 - ALLBRITTEN | This appeal has been taken in accordance with 46 USC 7702 and
46 CFR 5.701.
By order dated 6 November 1985, an Administrative Law Judge of
the United States Coast Guard at Jacksonville, Florida, suspended
Appellant's license for one month remitted on three months'
probation upon finding proved the charge of negligence. The
specification found proved alleges that Appellant, while serving as
operator aboard the M/V MIRIAM M. DEFELICE, under the authority of
the captioned document, while the vessel was towing the barge GULF
FLEET 263 and navigating in conditions of fog and restricted
visibility on the St. Johns River, failed to navigate the vessel
with caution causing the barge to strike the Buckman Bridge.
The hearing was held at Jacksonville, Florida, on 2 August; 5,
13 and 20 September; and 2 October 1985.
At the hearing Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification. | Appeal No. 2442 | Suspension and Revocation Appeals Authority | 12/16/1986 | 12/16/1986 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2443 - BRUCE | This appeal has been taken in accordance with 46 USC 7702 and
46 CFR 5.701.
By order dated 28 April 1986, an Administrative Law Judge of
the United States Coast Guard at Jacksonville, Florida, suspended
Appellant's license outright for one month, plus an additional six
months remitted on twelve months' probation upon finding proved the
charge of negligence. The specification alleges that Appellant,
while serving as operator aboard the M/V MIRIAM M. DEFELICE, under
the authority of the captioned document, failed to properly attain
and/or use available weather information prior to proceeding to sea
with the M/V MIRIAM M. DEFELICE and the tow GULF FLEET 263,
contributing to the failure of the towing connection and grounding
of the barge GULF FLEET 263. A second specification under the
charge of negligence, alleging a failure to properly examine towing
gear, was found not proved and was dismissed.
The hearing was held at Jacksonville, Florida, on 21 and 30
January 1986. | Appeal No. 2443 | Suspension and Revocation Appeals Authority | 1/5/1987 | 1/5/1987 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2444 - RABATSKY | This appeal has been taken in accordance with 46 USC 7702 and 46
CFR 5.701.
By order dated 11 July 1986, an Administrative Law Judge of the
united States Coast Guard at St. Louis, Missouri, suspended Appellant's
license for three months remitted on twelve months' probation upon
finding proved the charge of misconduct. The specification found proved
alleges that on or about June 26, 1985, Appellant, while serving as
operator aboard the M/V JOHN M. SELVICK, under the authority of the
captioned document, operated the vessel and two on Lake Michigan during
a period of darkness without ensuring that the tow was equipped with
adequate navigational sidelights as required by Rules 22 and 24 of the
Inland Navigational Rules.
The hearing was held at Chicago, Illinois on 20 March 1986.
At the hearing Appellant was represented by professional counsel
and denied the charge and specification.
The Investigating Officer introduced in evidence ten exhibits and
the testimony of one witness. | Appeal No. 2444 | Suspension and Revocation Appeals Authority | 2/10/1987 | 2/10/1987 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2445 - MATHISON | This appeal has been taken in accordance with 46 USC 7702 and
46 CFR 5.701.
By order dated 16 January 1986, an Administrative Law Judge of
the United States Coast Guard at Jacksonville, Florida, suspended
Appellant's license for two months, remitted on twelve months'
probation upon finding proved the charge of misconduct. The
specification found proved alleges that Appellant, while serving as
operator aboard the M/V BELCHER PENSACOLA, under the authority of
the captioned document, on or about 20 July 1984, after an
underwater survey and the unauthorized repair of tank barge Belcher
No. 35 at Key West, Florida, wrongfully failed to make known to
officials designated to enforce inspection laws, at the earliest
opportunity, a marine casualty producing serious injury to said
tank barge in violation of 46 USC 3315.
The hearing was held at Miami, Florida. on 13 March 1985.
At the hearing Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification. | Appeal No. 2445 | Suspension and Revocation Appeals Authority | 3/6/1987 | 3/6/1987 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2446 - WATSON | This appeal has been taken in accordance with 46 USC 7702 and
46 CFR 5.701.
By order dated 11 July 1986, an Administrative Law Judge of
the United States Coast Guard at St. Louis, Missouri, suspended
Appellant's license for four months outright plus an additional
four months remitted on twelve months' probation upon finding
proved the charge of misconduct. The specification found proved
alleges that on or about September 1, 1985, Appellant, while
serving as operator aboard the M/V ETTA KELCE, under the authority
of the captioned document, failed to post a proper lookout, a
violation of Rule 5 of the Inland Rules of the Road, at
approximately Mile 44 on the Kanawha River, West Virginia.
The hearing was held at St. Louis, Missouri on 15 April 1986.
At the hearing Appellant was represented by professional
counsel and denied the charge and specifications.
The Investigating Officer introduced in evidence four exhibits
and the testimony of two witnesses. | Appeal No. 2446 | Suspension and Revocation Appeals Authority | 3/19/1987 | 3/19/1987 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2447 - HODNETT | This appeal has been taken in accordance with 46 USC 7702 and
46 CFR 5.701.
By order dated 16 January 1986, an Administrative Law Judge of
the United States Coast Guard at Jacksonville, Florida, suspended
Appellant's license for two months, remitted on twelve months'
probation upon finding proved the charge of misconduct. The charge
was supported by two specifications. The first specification found
proved alleges that Appellant, while serving as operator aboard the
M/V BELCHER PENSACOLA, under the authority of the captioned
document, on or about 18 July 1984, wrongfully failed to give
notice as soon as possible to the nearest Coast Guard Marine Safety
Office of the accidental grounding of tank barge Belcher No. 35,
under tow of the BELCHER PENSACOLA, as required by 46 CFR 4.05-1.
The second specification found proved alleges that Appellant, while
acting in the same capacity, on or about 19 July 1984, after an
underwater survey and the unauthorized repair of tank barge Belcher
No. 35 at Key West, Florida, wrongfully failed to make known to
officials designated to enforce inspection laws, at the earliest
opportunity, a marine casualty producing serious injury to said
tank barge. | Appeal No. 2447 | Suspension and Revocation Appeals Authority | 4/10/1987 | 4/10/1987 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2448 - POWER | This appeal has been taken in accordance with 46 U.S.C. 7702
and 46 CFR 5.30-1.
By order dated 29 May 1985, an Administrative Law Judge of the
United States Coast Guard at New York, New York, suspended
Appellant's license for one month outright, plus and additional two
months remitted on nine months' probation upon finding proved the
charges of misconduct and negligence. The specification under the
misconduct charge alleges that while serving as Docking Pilot
aboard the M/V VERGO, under the authority of the captioned
documents, on or about 1 September 1984, Appellant piloted the
vessel in Newbold Channel, Delaware River, an area beyond the scope
of his license. The specification under the negligence charge
alleges that, while serving in the same capacity on the same date,
Appellant caused the vessel to ground in the Delaware River.
The hearing was held at Philadelphia, Pennsylvania, on 26
March and 16 April 1985.
At the hearing Appellant was represented by professional
counsel and entered a plea of not guilty to the charges and
specifications. | Appeal No. 2448 | Suspension and Revocation Appeals Authority | 6/8/1987 | 6/8/1987 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2449 - VANRIGHT | This appeal has been taken in accordance with 46 U.S.C. 7702 and
46 CFR 5.30-1.
By order dated 5 June 1986, an Administrative Law Judge of the
United States Coast Guard at Houston, Texas, suspended Appellant's
license and merchant mariner's document for six months outright, plus
an additional six months remitted on twelve months' probation upon
finding proved the charge of misconduct. The charge was supported buy
two specifications, both of which were found proved. The first
specification alleged that on or about 17 January 1986, Appellant,
while serving as second assistant engineer aboard the SS OVERSEAS
ALASKA, under the authority of the captioned documents, while the
vessel was at sea and Appellant was on watch, wrongfully failed to
obey the direct order of the first assistant engineer in that
Appellant failed to leave the engine room area and go to the operating
platform. The second specification alleges that Appellant, on the
same date and while serving in the same capacity, wrongfully assaulted
the first assistant engineer with a hammer, and assaulted and battered
the first assistant engineer with his fists, resulting in injury to
the first assistant engineer. | Appeal No. 2449 | Suspension and Revocation Appeals Authority | 6/8/1987 | 6/8/1987 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2451 - PAULSEN | This appeal has been taken in accordance with 46 U.S.C. 7702
and 46 CFR 5.701.
By order dated 21 January 1985, an Administrative Law Judge of
the United States Coast Guard at Alameda, California revoked
Appellant's document upon finding proved the charges of Misconduct
and Use of Narcotics. The misconduct charge was supported by two
specifications. The first alleged that Appellant, while serving as
Fireman/Watertender aboard SS Constitutional, under authority of
the captioned document, did on or about 22 February 1984 while the
vessel was at sea enroute to Nawiliwili, Kauai, wrongfully use
narcotics, to wit: Cocaine. The second misconduct specification
alleged that while serving as in the same capacity at the same time
and place Appellant wrongfully distributed cocaine to a member of
the crew. The specification under the charge of Use of Narcotics
alleged that Appellant, while serving as Fireman/Watertender aboard
SS Constitution, being the holder of captioned document, was on or
about 22 Feb 1984 while the vessel was en route to Nawiliwili,
Kauai, a user of narcotics and did use certain narcotics, to wit:
cocaine.
The hearing was held at Honolulu, Hawaii, on 10, 22, 23, and
24 March 1984. The hearing in this case was consolidated with four
other cases arising from incidents aboard the Constitution. | Appeal No. 2451 | Suspension and Revocation Appeals Authority | 6/11/1987 | 6/11/1987 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2450 - FREDERICKS | This appeal has been taken in accordance with 46 U.S.C. 7702
and 46 CFR 701.
By order dated 22 September 1986, an Administrative Law Judge
of the United States Coast Guard at Norfolk, Virginia revoked
Appellant's license upon finding proved charges of negligence and
misconduct. The negligence charge was supported by two
specifications which alleged that Appellant, while serving as
operator on board the M/V NATIVE SON, on or about 26 April 1986
negligently failed to keep clear while overtaking another vessel,
and negligently crossed the bow of another vessel, thus endangering
the life, limb and property of the passengers and crew aboard the
two vessels. The misconduct charge was supported by two
specifications which alleged that Appellant, while in preparation
for a trip from St. Thomas, U.S. Virgin Islands to Tortola, British
Virgin Islands, on or about 10 May 1986, failed to give a safety
orientation prior to getting underway or to have placards posted as
required by 46 CFR 185.25-1(d), and while acting in the same
capacity on the same date failed to have on board and available for
inspection his license as required by 46 CFR 185.10-1. | Appeal No. 2450 | Suspension and Revocation Appeals Authority | 6/11/1987 | 6/11/1987 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2453 - WEDGEWORTH | This appeal has been taken in accordance with 46 U.S.C. 7702
and 46 CFR Part 5, Subpart J.
By order dated 3 October 1986, an Administrative Law Judge of
the United States Coast Guard at St. Louis, Missouri, suspended
Appellant's license for four months remitted on twelve months
probation upon finding proved a charge of negligence. The
negligence charge was supported by a specification which alleged
that Appellant, while serving as operator on board the M/V TAMERA
PICKETT, under authority of the captioned document, on or about 26
August 1985, failed to maintain adequate control of said vessel and
tow resulting in an allision with the stationary DREDGE II at
approximately Mile 283 on the Arkansas River.
The hearing was held at Memphis, Tennessee, on 28 May 1986.
Appellant was represented by professional counsel at the
hearing, and denied the charge and specification.
The Investigating Officer introduced in evidence seven
exhibits and the testimony of three witnesses. In defense,
Appellant introduced in evidence four exhibits, his own testimony, | Appeal No. 2453 | Suspension and Revocation Appeals Authority | 6/22/1987 | 6/22/1987 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2452 - MORGANDE | This appeal has been taken in accordance with 46 U.S.C. 7702
and 46 CFR 5.701.
By order dated 4 November 1986, as Administrative Law Judge of
the United States Coast Guard at Alameda, California suspended
Appellant's document for a period of 18 months, plus an additional
twelve months suspension on 24 months' probation upon finding
proved the charge of misconduct. The charge found proved was
supported by six specifications.
The first specification alleged that Appellant, while serving
as Able Bodied Seaman aboard S/S Mason LYKES, under authority of
the captioned document, did, on or about 1650, 6 June 1983 while
the vessel was in Apra Harbor, Guam, wrongfully disobey a lawful
command of the Third Mate, in that he refused to go to the bow as
directed. The second specification alleged that Appellant, while
serving in the same capacity on or about 1230, 9 July 1983, while
the vessel was at the Port of Oakland, California, wrongfully
assaulted and battered the Chief Mate, by poking Appellant's finger
into the Chief Mate's chest. The third specification alleged that
Appellant, while serving in the same capacity, on or about 1230 9
July 1983, while the vessel was at the Port of Oakland, California,
wrongfully assaulted and battered the Master by grabbing his arm.
The fourth specification alleged that Appellant, while serving in
the same capacity, on or about 9 July 1983, while the vessel was at
the Port of Oakland, California, wrongfully interfered with the
Master, in his official duty to protect a member of the crew, by refusing to obey the Master's order to leave the ship. The fifth
specification alleged that Appellant, while serving as Able Bodied
Seaman aboard S/S SANTA JUANA, under authority of the captioned
documents, on or about 1030, 17 August 1985 while the vessel was at
sea, wrongfully assaulted and battered a member of the crew by
striking him. | Appeal No. 2452 | Suspension and Revocation Appeals Authority | 6/24/1987 | 6/24/1987 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2454 - LYONS | This appeal has been taken in accordance with 46 U.S.C. 7702
and 46 CFR Part 5, Subpart J.
By order of 3 October 1986, an Administrative Law Judge of the
United States Coast Guard at St. Louis, Missouri, suspended
Appellant's license and merchant mariner's document outright for
one year, plus an additional three months remitted on eighteen
months probation, upon finding proved the charge of misconduct.
The specification found proved allege that Appellant did, under the
authority of the captioned license, while serving as pilot aboard
the M/V FEDERAL CALUMET, at or about 8:00 p.m. on 25 November 1985,
wrongfully direct the movement of the vessel in St. Louis Bay,
Superior, Wisconsin, while under the influence of an intoxicant.
The hearing was held at Duluth, Minnesota, on 21 May 1986.
Appellant was present at the hearing, and was represented by
professional counsel. He denied the charge and specification.
The Investigating Officer introduced in evidence the testimony
of three witnesses, and also introduced five exhibits. | Appeal No. 2454 | Suspension and Revocation Appeals Authority | 6/26/1987 | 6/26/1987 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2455 - WARDELL | This appeal has been taken in accordance with 46 U.S.C. 7702 and
46 CFR Part e, Subpart J.
By order of 5 March 1986, an Administrative Law Judge of the
United States Coast guard at Seattle, Washington, suspended
Appellant's license outright for three months upon finding proved the
charge of negligence. The specification found proved alleges that
Appellant did, under the authority of the captioned license, while
serving as pilot aboard the SS GREAT LAND, at or about 1:05 to 1:23
a.m. on 17 March 1985, during the vessel's approach on Cook Inlet and
Knik Arm to Terminal 3. Port of Anchorage City Dock, wrongfully fail
to properly navigate the vessel thereby causing an allision of the
vessel with Terminal 3. Port of Anchorage City Dock.
The hearing was held at Anchorage, Alaska, on 4,5,6, and 7
November 1985. Appellant was present at the hearing, and was
represented by professional counsel. He denied the charge and
specification.
The Investigating Officer introduced in evidence the testimony of
eight witnesses, and also introduced thirty-four exhibits. | Appeal No. 2455 | Suspension and Revocation Appeals Authority | 7/20/1987 | 7/20/1987 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2456 - BURKE | This appeal has been taken in accordance with 46 U.S.C. 7702
and 46 CFR P art 5, Subpart J.
By order of 7 October 1986, an Administrative Law Judge of the
United States Coast Guard at Norfolk, Virginia, suspended
Appellant's license and merchant mariner's document outright for
three months, plus six months remitted on probation for twelve
months, upon fining proved the charge of misconduct. The
specification found proved alleges that Appellant did, while acting
under the authority of the captioned documents, on or about 3 March
1986, at the Regional Examination Center, Boston, Massachusetts,
wrongfully submit an application for a raise of grade, form CG-866,
with invalid information on the sea service form, claiming ocean
service onboard the SS LAKE CHARLES when the vessel was in a
"lay-up " status.
The hearing was held at Norfolk, Virginia, on 7 October 1986.
Appellant was present at the hearing, and was represented by
professional counsel. He denied the charge and specification.
The Investigating Officer introduced in evidence the testimony
of five witnesses, and also introduced three exhibits. | Appeal No. 2456 | Suspension and Revocation Appeals Authority | 7/23/1987 | 7/23/1987 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2457 - YOUNG | This appeal has been taken in accordance with 46 U.S.C. 7702 and
46 CFR Part 5, Subpart J.
By order of 23 June 1986, and Administrative Law Judge of the
United States Coast Guard at New York, New York, suspended Appellant's
license and merchant mariner's document for four months, remitted on
twelve months probation, upon finding proved the charge of negligence.
The first specification found proved alleges that Appellant, under the
authority of the captioned license, while serving as operator aboard
the M/V MARJORIE B. MCALLISTER, on or about 15 November 1985, failed
safely to navigate the M/V MARJORIE B. MCALLISTER, its tow, the T/B
CIBRO SAVANNAH, and the assist tug M/V WALTON, within the Chelsea
River, Boston Harbor, Massachusetts, contributing to the allision of
the T/B CIBRO SAVANNAH with the fending system of the Chelsea Street
Bridge resulting in damage to the fending system. The second
specification found proved alleges that Appellant, while serving as
stated above, failed safely to navigate the M/V MAJORIE B. MCALLISTER,
contributing to the allision of the T/B CIBRO SAVANNAH with the moored
tug LEIGH ANN REINAUER.
Three other specifications alleging negligence were found not
proved. They alleged that Appellant failed safely to navigate the
flotilla described, contributing to the allision with and damage to
Chelsea River Lighted Buoy No. 2 by the tank barge and the assist tug,
that Appellant failed safely to navigate the assist tug, and that
Appellant failed safely to navigate the flotilla, contributing to the | Appeal No. 2457 | Suspension and Revocation Appeals Authority | 8/5/1987 | 8/5/1987 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2472 - GARDNER | This appeal has been taken in accordance with 46 U.S.C. #7702 and
46 CFR #5.701.
By order dated on 28 September 1987, an Administrarive Law Judge
of the United States Coast Guard at Houston, Texas, suspended,
on six months probation, Appellant's Merchant Mariner's License and
Document for a period of one month upon finding proved a Charge
of Misconduct, supported by one specification.
The specification found proved under the Charge of Misconduct
alleged that Appellant, while serving as Master aboard the ferry
CONE JOHNSON, under the authority of the captioned license and
document, did, at or about 2:49 PM local time on 21 June 1987.
while overtaking a sailing vessel on Galveston Bay, a navigable
waterway of the United States, fail to keep out of the way of
the overtaken vessel as required by Rule 13 of the Inland Navigation
Rules, to wit: the ferry CONE JOHNSON's passage did cause the
operator of the sailing vessel to lose control of his vessel. | Appeal No. 2472 | Suspension and Revocation Appeals Authority | 8/6/1987 | 8/6/1987 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2458 - GERMAN | This appeal has been taken in accordance with 46 U.S.C. 7702 and
46 CFR 5.701.
By order dated 12 March 1987, an Administrative Law Judge of the
United States Coast Guard at Charleston, South Carolina, revoked
Appellant's merchant mariner's document upon finding proved the charge
of misconduct. The charge was supported by two specifications, both
of which were found proved. The first specification alleged that at
or about 1515 on December 6, 1986, while serving aborad the USNS
SIRIUS, moored at the Naval Station, Norfolk, Virginia, the Appellant,
acting under the authority of the captioned document, wrongfully had
in his possession a dangerous drug, namely marijuana. The second
specification alleges that Appellant, at the same time and date and
while serving in the same capacity, wrongfully had in his possession
an alcoholic beverage, namely beer, in violation of a ship's standing
order.
The hearing was held at Charleston, South Carolina on 12 March
1987.
At the hearing Appellant represented himself and answered admit to the first specification and no contest to the second specification.
The Investigating Officer introduced in evidence six exhibits and
no witnesses were called to testify. | Appeal No. 2458 | Suspension and Revocation Appeals Authority | 10/14/1987 | 10/14/1987 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2459 - LORMAND | This appeal has been taken in accordance with 46 U.S.C. 7702 and
46 CFR 5.701.
By order dated 13 November 1985, an Administrative Law Judge of
the United States Coast Guard at New Orleans, Louisiana, revoked
Appellant's license and Merchant Mariner's Document upon finding
proved the charge of conviction for narcotic drug law violation. The
specification found proved alleges that, being the holder of the
captioned license and document, on or about 27 June 1983, Appellant
was convicted by the 16th Judicial District Court of St. Martin's
Parish, Louisiana for attempted possession of marijuana, barbiturates,
and cocaine with intent to distribute, in violation of the Revised
Statutes of Louisiana.
The hearing was held at New Orleans, Louisiana, on 5 and 13
November 1985.
Appellant appeared at the hearing without counsel and admitted
that he had been convicted as set forth in the specification in issue. | Appeal No. 2459 | Suspension and Revocation Appeals Authority | 10/19/1987 | 10/19/1987 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2460 - REED | This appeal has been taken in accordance with 46 U.S.C. 7702 and
46 CFR Part 5, Subpart J.
By order of 24 November 1986, an Administrative Law Judge of the
United States Coast Guard at Alameda, California, revoked Appellant's
merchant mariner's document upon finding him incompetent to serve on
board merchant vessels of the United States.
the incompetence charge is supported by three specifications
which allege that Appellant, while serving under the authority of his
Merchant Mariner's document as an Able-bodied Seaman aboard the SS
PRESIDENT FILLMORE, while the ship was at sea, did:
(1) At or about 1300 hours, 8 June 1986, fail to obey an order, to
wit: After specifically being told not to use water about any
electrical equipment, he washed down the anchor windlass hydraulic
unit and associated electrical equipment with salt water;
(2) Between the hours of 0000 and 0400 on 19 March 1986, improperly
disrupt engine room operations, to wit: he was observed to be talking | Appeal No. 2460 | Suspension and Revocation Appeals Authority | 11/5/1987 | 11/5/1987 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2437 - SMITH | This review has been taken in accordance with 46 U.S.C. 7702 and
46 CFR Part 5, Subpart K.
By order dated 25 June 1985, an Administrative Law Judge of the
United States Coast Guard at St. Louis, Missouri, suspended
Respondent's license for three months on twelve months probation upon
finding proved the charge of negligence. The specification found
proved alleges that Respondent, while serving as Operator aboard the
M/V STEEL CHALLENGER, under the authority of the captioned document,
on or about 15 January 1985, failed to maintain adequate control of
his vessel and tow thereby allowing the tow to allide with the
Greenville Highway Bridge at Mile 531.3, Lower Mississippi River.
That order was appealed. On appeal, the Vice Commandant issued
an order in which he set aside the finding of the Administrative Law
Judge as to the charge of negligence, vacated the order suspending
Respondent's license, and remanded the case to the Administrative Law
Judge for further proceedings. Appeal Decision 2437 (SMITH).
On remand, the Administrative Law Judge reopened the hearing.
The reopened hearing was held at Memphis, Tennessee, on 3 March 1987. | Appeal No. 2437 | Suspension and Revocation Appeals Authority | 11/25/1987 | 11/25/1987 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2461 - KITTRELL | This appeal has been taken in accordance with 46 U.S.C. SS7702
and 46 CFR SS5.701.
By order dated 22 January 1987, an Administrative Law Judge of
the United States Coast Guard at St. Louis, Missouri admonished
Appellant upon finding proved the charge of Violation of Regulation.
The charge was initially supported by three specifications. However,
the Administrative Law Judge found one specification involving 46 CRF
SS35.35-1(c) not proved and dismissed this count.
One specification found proved alleged that Appellant, serving as
person-in-charge aboard Tank Barge T-7953, under the authority of his
merchant mariner's document, on or about 25 April 1986, while
transferring oil to Tank Barge T-7953 from Packer River Terminal at
Mile 857.0, Upper Mississippi River, wrongfully absented himself from
the barge in violation of 33 CFR 156.120(s).
The remaining specification found proved alleged that Appellant,
serving as person-in-charge aboard Tank Barge T-7953, under the
authority of his merchant mariner's document, on or about 25 April
1986, while transferring oil to Tank Barge T-7953 from Packer River
Terminal at Mile 857.0, Upper Mississippi River, wrongfully failed to
provide a flame screen or proper supervision for the open No. One
ullage hole in violation of 46 CFR 35.30-10. | Appeal No. 2461 | Suspension and Revocation Appeals Authority | 12/7/1987 | 12/7/1987 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2478 - DUPRE | This appeal has been taken in accordance with 46 U.S.C. SS7702
and 46 CFR SS5.701.
By his order dated 30 September 1987, an Administrative Law Judge
of the United States Coast Guard at Houston, Texas, suspended
Appellant's Merchant Mariner's license and document for a period of
one month upon finding proved the charges of negligence, misconduct,
and violation of law. The specification supporting the charge of
negligence alleged that Appellant, while serving under the authority
of his above-captioned license and document, aboard the towing vessel
ADMIRAL LEE, did, on 15 February 1987, tow the unmanned freight barge
CMS-754 in an unsafe and hazardous manner, to wit: operating with a
load in excess of the vessel's stability letter. The specification
supporting the charge of misconduct alleged that Appellant, acting
under the authority of his license and document aboard the ADMIRAL
LEE, on 15 February 1987, failed to insure that the CMS-754 was loaded
in compliance with the vessel's stability letter issued by the U.S.
Coast Guard. The specification supporting the charge of violation of
law alleged that Appellant, under the authority of his license and
document, violated 46 U.S.C. SS2302, however, the Coast Guard withdrew
this charge and its specification at the commencement of the hearing.
The hearing was held at Houston, Texas on 5 August 1987. The
Appellant was represented by professional counsel and entered an
answer of denial to the charges and specifications. | Appeal No. 2478 | Suspension and Revocation Appeals Authority | 2/4/1988 | 2/4/1988 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2465 - O'CONNELL | This appeal has been taken in accordance with 46 U.S.C. SS7702
and 46 CFR Part 5, Subpart J.
By order of 11 February 1987, an Administrative Law Judge of the
United States Coast Guard at Tampa, Florida, suspended Appellant's
license outright for four months, plus nine months remitted on twelve
months probation, upon finding proved the charge of negligence. He
also suspended Appellant's license outright for an additional two
months for violating a previous order of suspension on probation. The
specification found proved alleges that Appellant did, while serving
as pilot aboard the M/V SEAFARER under the authority of the captioned
license, on or about 19 August 1985, while the vessel was assisting
the T/B OCEAN 255 inbound in Tampa Bay, fail to perform his duty to
direct and control the vessel as required, in that he failed
adequately or prudently to navigate the vessel resulting in the
grounding of the tank barge OCEAN 255 in the vicinity of Buoy 11J,
Tampa Bay, Florida. | Appeal No. 2465 | Suspension and Revocation Appeals Authority | 5/10/1988 | 5/10/1988 | | 11/30/2017 |