| Suspension and Revocation Appeals Authority | 2140 - FOMICH | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 28 January, 1977, an Administrative Law Judge
of the United States Coast Guard at New York, N.Y., suspended
Appellant's seaman's documents for ten months upon finding him
guilty of misconduct. The specifications found proved allege that
while serving as able seaman on board the United States SS EAGLE
VOYAGER under authority of the document above captioned, on or
about 13 July 1976, Appellant assaulted another crewmember with a
dangerous weapon; on 19 and 20 July 1976, failed to perform duties
aboard the vessel; on 24 July 1976 failed to join the vessel at
Iljichevsk, U.S.S.R.
At the hearing, Appellant failed to appear, and a plea of not
guilty to the charge and each specification was entered by the
Administrative Law Judge.
The Investigating Officer introduced in evidence voyage
records of EAGLE VOYAGER, the testimony of one Abdulla A. Mohsin,
and a deposition of one David H. Regester, Jr., taken pursuant to
order.
There was no defense. | Appeal No. 2140 | Suspension and Revocation Appeals Authority | 11/9/1978 | 11/9/1978 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2235 - RABREN | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 28 November 1978, an Administrative Law Judge
of the United States Coast Guard at Jacksonville, Florida,
suspended Appellant's license for one month, plus three months on
twelve months' probation, upon finding him guilty of negligence.
The specification found proved alleged that while serving as Pilot
on board SS GULF TIGER under authority of the license above
captioned, on or about 13 August 1978, Appellant did, while inbound
in Tampa Bay, Florida, wrongfully ground said vessel. A second
specification, found not proved, alleged that while serving in the
above capacity Appellant negligently piloted said vessel at
excessive speed, thereby contributing to the grounding.
The hearing was held at Tampa, Florida, on 22 November 1978.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification. | Appeal No. 2235 | Suspension and Revocation Appeals Authority | 2/9/1981 | 2/9/1981 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2242 - JACKSON | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 29 August 1978, an Administrative Law Judge of
the United States Coast Guard at Houston, Texas, revoked
Appellants' seaman's documents upon finding them guilty of
misconduct. The specification found proved in each case alleges
that while serving on board SS DELTA PARAGUAY under authority of
the documents above captioned, on or about 7 July 1978, Appellants,
at or about the steering engine room on board DELTA PARAGUAY did
wrongfully have in their possession certain narcotics, to wit,
marijuana.
The hearing was held in joinder at Houston, Texas, on 20 and
31 July 1978.
At the hearing, Appellants elected to act as their own counsel
and entered pleas of not guilty to the charges and specifications. | Appeal No. 2242 | Suspension and Revocation Appeals Authority | 4/2/1981 | 4/2/1981 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2107 - HARRIS | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 29 December 1976, an Administrative Law Judge
of the United States Coast Guard at Chicago admonished Appellant
upon finding him guilty of misconduct. The specification found
proved alleges that while serving as an Able Seaman on board the SS
MORMACRIGEL under authority of the document above captioned, on or
about 25 May 1976, Appellant "did... wrongfully fail to turn to,
while said vessel was undocking from the port of Recife, Brazil."
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 exhibits
consisting of a certified extract of the Shipping Articles from the
MORMACRIGEL, a certified extract from the ship's official log,
certified copy of the relevant page of the log, and the
Investigating Officer's comments and conclusions regarding the
exhibits.
In defense, Appellant offered in evidence his own testimony as
to the accuracy of the log entries and as to the circumstances
surrounding the incident reported in the log. | Appeal No. 2107 | Suspension and Revocation Appeals Authority | 6/27/1977 | 6/27/1977 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2173 - PIERCE | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 29 July 1979, an Administrative Law Judge of
the United States Coast Guard at San Francisco, California,
suspended Appellant's seaman's documents for three months on twelve
months' probation upon finding him guilty of negligence. The
specification found proved alleges that while serving as Pilot
aboard the SS RICE QUEEN, under the authority of the
above-captioned license, on or about 19 December 1977, Appellant,
while the vessel was underway within Suisun Bay, negligently failed
to take precautions necessary to prevent the collision of the SS
RICE QUEEN with Suisun Bay Light 31 (LLNR 872.20).
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced into evidence a
stipulation of facts. | Appeal No. 2173 | Suspension and Revocation Appeals Authority | 11/28/1979 | 11/28/1979 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2124 - BARROW | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 3 June 1977, an Administrative Law Judge of the
United States Coast Guard at Jacksonville, Florida suspended
Appellant's license for 2 months outright plus 6 months on 12
months' probation upon finding him guilty of negligence. The
specification found proved alleges that while serving as a Master
on board the motor tug ESTHER MORAN made fast to the stern of the
tank barge NEW YORK under authority of the license above captioned,
on or about 9 January 1977, Appellant did negligently abdicate his
position and negligently fail to perform his duties as master by
placing himself in such a position that he was unable to take the
necessary actions to avert the collision between the T/B NEW YORK
and the Tampa Electric Company dock.
A second specification alleging that Appellant did negligently
cause oil to be spilled in Sparkman Channel, Tampa, Florida as a
result of a collision between the T/B NEW YORK and the Tampa
Electric Company dock was found not proved. | Appeal No. 2124 | Suspension and Revocation Appeals Authority | 6/15/1978 | 6/15/1978 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2147 - ENNO | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 3 June 1977, an Administrative Law Judge of the
United States Coast Guard at Tampa, Florida, suspended Appellant's
seaman's documents for 2 months plus 6 months on 12 months'
probation upon finding him guilty of negligence. The
specifications found proved allege that while serving as First
Class Pilot on board M/V ESTHER MORAN and tank barge NEW YORK under
authority of the license above captioned, on or about 9 January
1977, during favorable weather, conditions, Appellant, while in
charge of maneuvering said vessels, did (1) negligently allow NEW
YORK to be maneuvered into the Tampa Electric Company pier, Tampa,
Florida, thus causing a collision between the barge and the pier
and damage both to the pier and to NEW YORK, and (2) negligently
cause oil to be spilled into Sparkman Channel, Tampa, Florida, as
a result of the aforementioned collision between NEW YORK and the
Tampa Electric Company pier.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and each
specification. | Appeal No. 2147 | Suspension and Revocation Appeals Authority | 1/8/1979 | 1/8/1979 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2155 - HORNE | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 3 March 1978, an Administrative Law Judge of
the United States Coast Guard at Boston, Massachusetts, suspended
Appellant's license and merchant mariner's document for 1 month on
6 months' probation upon finding him guilty of misconduct. The two
specifications of misconduct found proved allege (1) that
Appellant, while serving as master aboard SS ACHILLES, under
authority of his license and document, on or about 9 January 1978,
wrongfully failed to plot the position of SS ACHILLES while
navigating from naval anchorage "A", Narragansett Bay, East
Passage, to Mount Hope Bay, Rhode Island; and (2) that Appellant
while serving as master of SS ACHILLES, under authority of his
license and document, "wrongfully navigated the vessel in violation
of the vessel's certificate of inspection from 17 December 1977 to
9 January 1978; to wit; the vessel's tailshaft was due to be drawn
no later than 31 October 1977."
At the hearing, Appellant was initially represented by
professional counsel, who was subsequently disqualified by the Administrative Law Judge on motion of the Coast Guard Investigating
Officer. Appellant then entered a plea of guilty to the charge and
specifications. | Appeal No. 2155 | Suspension and Revocation Appeals Authority | 5/11/1979 | 5/11/1979 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2047 - VALLADARES | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 30 April 1974, an Administrative Law Judge of
the United States Coast Guard at New York, New York, suspended
Appellant's seaman's documents for nine months outright plus three
months on 15 months' probation upon finding him guilty of
misconduct. The specifications found proved allege that while
serving as a fireman on board the United States SS SAN JUAN under
authority of the document above captioned, on or about 13 September
1973, at Port Elizabeth, New Jersey, Appellant:
(1) assaulted and battered one Robert Hyer, a crewmember of
the vessel;
(2) assaulted and battered one James R. Wilson, a crewmember
of the vessel; and
(3) assaulted and battered one Stephen Bertrand, second
officer of the vessel.
At the hearing, Appellant was represented by professional
counsel. Since Appellant himself did not appear, the
Administrative Law Judge entered a plea of not guilty to the charge
and each specification.
The Investigating Officer introduced in evidence voyage
records and the testimony of two witnesses. | Appeal No. 2047 | Suspension and Revocation Appeals Authority | 2/3/1976 | 2/3/1976 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2253 - KIELY | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 30 April 1980, an Administrative Law Judge of
the United States Coast Guard at San Francisco, California,
suspended Appellant's license for three months on twelve month's
probation upon finding him guilty of inattention to duty. The
specification found proved alleges that while serving as Chief Mate
on board SS WORTH under authority of the license above captioned,
on or about 2 June 1978, at Texaco Eagle Point Westville, New
Jersey, on the Delaware River, Appellant failed to adequately
supervise a ballast loading operation on his vessel, causing
pollution of the navigable waters of the United States.
The hearing was held at San Francisco, California, on 15
October and 7 December 1979, 17 and 29 January 1980, and 30 April
1980.
At the hearing, Appellant was represented by counsel and
entered a plea of not guilty to each charge and specification.
The Investigating Officer introduced in evidence statements of
the Second Mate, Mr. William T. Smith; an affidavit of service on
Appellant of 5 October 1979 by the Investigating Officer; and a
Master's Report of Seaman Shipped or Discharged (CG-735(T)) dated
17 October 1979 for SS WORTH. | Appeal No. 2253 | Suspension and Revocation Appeals Authority | 6/10/1981 | 6/10/1981 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2099 - HOLDER | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 30 July 1976, an Administrative Law Judge of
the United States Coast Guard at New York, New York, suspended
Appellant's seaman's documents for three months outright plus three
months on twelve months' probation upon finding him guilty of
misconduct. The specifications found proved alleges that while
serving as an "oiler" on board the United States SS MORMACPRIDE
under authority of the document above captioned, on or about 17-18
October 1975, Appellant:
(1) wrongfully failed to perform his duties from 2000 to 2400
hours due to intoxication while the vessel was in the
port of New York,
(2) wrongfully failed to properly perform his duties from
0800 to 0830 hours by making false entries in the engine
room oiler's log sheet while the vessel was at sea, and
(3) wrongfully assaulted and battered a licensed officer, to
wit, the Third Assistant Engineer, C. Ferneza, with a dangerous weapon, to wit, a clipboard, while the vessel
was at sea.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and each
specification. | Appeal No. 2099 | Suspension and Revocation Appeals Authority | 4/26/1977 | 4/26/1977 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2026 - CLARK | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 30 March 1973, an Administrative Law Judge of
the United States Coast Guard at Baltimore, Maryland, revoked
Appellant's seaman documents upon finding him guilty of misconduct.
The specification found proved alleges that while serving as a
bedroom utility (OBR) on board the United States SS PIONEER
CONTRACTOR under authority of the document above captioned, between
7 December 1972 and 28 February 1973, Appellant was wrongfully a
user of a narcotic drug.
Appellant failed to appear at the hearing and after the
Administrative Law Judge questioned the Investigating Officer
concerning the circumstances surrounding service of charges and
notice of the hearing a motion to proceed in absentia was granted.
The Administrative Law Judge entered a plea of not guilty to all
charges and specifications.
The Investigating Officer introduced in evidence the testimony
of two witnesses and a certification of the applicable shipping
articles. | Appeal No. 2026 | Suspension and Revocation Appeals Authority | 6/5/1975 | 6/5/1976 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2050 - WIJNGAARDE | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 30 May 1975, an Administrative Law Judge of the
United States Coast Guard at New Orleans, Louisiana, suspended
Appellant's seaman documents for 12 months outright upon finding
him guilty of misconduct. The specifications found proved allege
that while serving as Electrician on board the SS SHIRLEY LYKES
under authority of the document above captioned, Appellant did
FIRST, on or about 15 August 1974, wrongfully fail to perform
his duties while in a foreign port;
SECOND, on or about 29 August 1974, while in a foreign port,
wrongfully assault with a dangerous weapon, to wit, a knife,
a member of the crew, Luis Cortes;
THIRD, on or about 29 August 1974, while in a foreign port,
wrongfully assault a member of the crew, Willie Lewis. | Appeal No. 2050 | Suspension and Revocation Appeals Authority | 3/18/1976 | 3/18/1976 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2109 - SMITH | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 30 November 1976, an Administrative Law Judge
of the United States Coast Guard at San Francisco, California
revoked Appellant's seaman documents upon finding him guilty of the
charge of possession of a narcotic drug. The specification found
proved alleges that while serving as a Third Assistant Engineer on
board the United States SS PRESIDENT JEFFERSON under authority of
the documents above captioned, on or about 12 August 1976,
Appellant was wrongfully in possession of heroin.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and each
specification.
The Investigating Officer introduced in evidence six exhibits
and the testimony of four witnesses.
In defense, Appellant offered in evidence one exhibit. | Appeal No. 2109 | Suspension and Revocation Appeals Authority | 7/18/1977 | 7/18/1977 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2042 - KELLEY | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 30 October 1974, and Administrative Law Judge
of the United States Coast Guard at New Orleans, Louisiana,
admonished Appellant upon finding him guilty of misconduct. The
specifications found proved allege that while serving as a Chief
Engineer on board the SS JOHN B. WATERMAN, while the vessel was at
sea, under authority of the document and license above captioned,
Appellant did: (1) on 10 February 1974, at about 0800, wrongfully
disobey a lawful command of the Master in that he failed to report
to the Master's office to be logged, (2) on 10 February 1974, at
about 0735, use abusive language toward the Master, (3) on 10
February 1974, at about 1300, wrongfully disobey a lawful command
of the master in that he failed to report to the master's office to
be logged, (4) on 4 April 1974, wrongfully disobey a lawful
command of the master in that he failed to have the engine
watchstander's quarters soogeed, and (5) on 4 April 1974, use
abusive language toward the master. | Appeal No. 2042 | Suspension and Revocation Appeals Authority | 11/29/1975 | 11/29/1975 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2078 - MCCOY | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 31 March 1976, an Administrative Law Judge of
the United States Coast Guard at New Orleans, Louisiana, suspended
Appellant's seaman documents for 12 months outright upon finding
him guilty of misconduct. The specification found proved alleges
that while serving as a third assistant engineer on board the
United States SS DELTA MAR under authority of the documents above
captioned, on or about 20 January 1976, Appellant wrongfully failed
to perform his duties due to being under the influence of
intoxicants.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduce in evidence entries from
the.shipping articles and the official log as well as the testimony
of the Chief Engineer.
In defense, Appellant did not offer any evidence although he
did testify concerning his sailing record. | Appeal No. 2078 | Suspension and Revocation Appeals Authority | 9/23/1976 | 9/23/1976 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2142 - MALCOLM | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 4 October 1977, an Administrative Law Judge of
the United States Coast Guard at Boston, Massachusetts, after
hearing held on 22 July 1977 at Detroit, Michigan, suspended
Appellant's seaman's documents for three months plus three months
on twelve months' probation upon finding him guilty of misconduct.
The specification found proved alleges that while serving as a
tankerman on board HANNAH 2902 under authority of the document
above captioned, on or about 18 July 1977, Appellant did, "while
said barge was transferring Bunker C at Mistersky Power Plant,
Detroit, Michigan, wrongfully absent himself from said barge while
transferring."
At the hearing, Appellant did not appear.
The Investigating Officer introduced in evidence certain
documents and the testimony of three witnesses.
There was no 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 three months plus
three months on twelve months' probation. | Appeal No. 2142 | Suspension and Revocation Appeals Authority | 11/9/1978 | 11/9/1978 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2223 - HEWITT | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 4 September 1979, an Administrative Law Judge
of the United States Coast Guard at Baltimore, Maryland, suspended
Appellant's documents for three months, on twelve months'
probation, upon finding him guilty of misconduct. The
specification found proved alleged that while acting under
authority of the license above captioned, on or about 8 May 1979,
Appellant wrongfully and fraudulently executed a false application
for a raise in grade of his licensed to Master by certifying that
he had not made application for a license and been rejected within
twelve months. A second specification concerning an unfair
practice allegedly occurring on 26 April 1979 in New York was
dismissed.
The hearing was held at Baltimore on 12 June 1979.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and each
specification.
The Investigating Officer introduced in evidence six
documents.
In defense, Appellant offered in evidence three documents. | Appeal No. 2223 | Suspension and Revocation Appeals Authority | 7/24/1980 | 7/24/1980 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2086 - ERIKSON | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 5 April 1976, an Administrative Law Judge of
the United States Coast Guard at Jacksonville, Florida, suspended
Appellant's license and all other documents for 1 month outright
plus 2 months on 12 months' probation upon finding him guilty of
negligence. The specification found proved alleges that while
serving as operator on board the United States M/V PIONEER under
authority of the license above described, on or about 27 January
1976, Appellant "did wrongfully lose control of (the) vessel's tow,
the barge `BARGE 412', allowing it to collide with the U.S. Army
Corps of Engineers' survey boat CARLSON moored at the U.S. Army
Corps of Engineers' Depot Dock, Hutchinson Island," Savannah,
Georgia.
At the hearing, Appellant was represented by professional
counsel. Appellant entered a plea of not guilty to the charge and
specification. | Appeal No. 2086 | Suspension and Revocation Appeals Authority | 12/3/1976 | 12/3/1976 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2227 - MANDLY | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 5 December 1979, an Administrative Law Judge of
the United Stated Coast Guard at New York, New York, suspended
Appellant's license for 3 months on 12 months' probation, upon
finding him guilty of negligence. The specifications found proved
allege that while serving as Chief Officer on board the SS AUSTRAL
ENDURANCE under authority of the license above captioned, on or
about 13 June 1978, Appellant failed to properly supervise
maintenance work being performed on the starboard lifeboat gear and
that this failure to supervise led to an injury being suffered by
Cadet Edward Coll.
The hearing was held at New York, New York, on 15 June and 16,
23 and 24 July 1979.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification. | Appeal No. 2227 | Suspension and Revocation Appeals Authority | 7/30/1980 | 7/30/1980 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2204 - PIERCE | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 5 December 1979, an Administrative Law Judge of
the United States Coast Guard at San Francisco, California, after
a hearing on various dates between 11 July and 26 November 1979,
suspended Appellant's license for a period of six months upon
finding him guilty of negligence. The single specification of the
charge of negligence found proved alleges that Appellant, while
serving as pilot aboard SS DEL ORO, under authority of the
captioned document, did, on or about 13 June 1979, negligently fail
to properly maneuver and control said vessel thus running it
aground in the San Joaquin River between buoys numbers 49 and 51.
At the hearing, Appellant was represented by professional
counsel. Appellant entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced into evidence the
testimony of two witnesses and six documents.
In defense, Appellant presented no evidence.
Subsequent to the hearing, the Administrative Law Judge
entered a written decision in which he concluded that the charge
and specification as alleged had been proved. He then entered an
order of suspension for a period of six months.
The decision was served on 6 December 1979. Appeal was timely
filed on 7 December 1979, and perfected on 5 February 1980. | Appeal No. 2204 | Suspension and Revocation Appeals Authority | 5/12/1980 | 5/12/1980 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2206 - CREWS | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 5 February 1979, an Administrative Law Judge of
the United States Coast Guard at Houston, Texas, suspended
Appellant's seaman's documents for three months, plus twelve months
on twenty four months' probation, upon finding him guilty of
misconduct. The specifications found proved alleged that while
serving as able seaman on board SS COVE LEADER under authority of
the document above captioned, Appellant:
(1) on or about 21 September 1978 failed to perform
assigned duties at Odessa, U.S.S.R.,
(2) on or about 12 October 1978 failed to perform
assigned duties by reason of intoxication,
(3) on 12 October 1978 at Odessa, U.S.S.R., wrongfully
brought intoxicants aboard the vessel,
(4) on 12 October 1978 at Poti, U.S.S.R., failed to
perform assigned duties, and
(5) on 20 October 1978 at Poti, U.S.S.R., failed to
perform assigned duties.
The hearing was held at New Orleans, Louisiana, on 15 November
1978 and, after a change of venue requested by Appellant, at
Houston, Texas, on 27 November 1978.
Appellant did not appear for hearing.
The Administrative Law Judge at Houston entered a plea of not
guilty to the charge and all specifications and properly proceeded
in the absence of Appellant.
The Investigating Officer introduced several documents into
evidence.
There was no defense.
After the hearing, on 5 February 1979, the Administrative Law
Judge rendered a written 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 three
months plus twelve months on twenty four months' probation.
The entire decision was served on 21 February 1979. Appeal
was timely filed. | Appeal No. 2206 | Suspension and Revocation Appeals Authority | 5/12/1980 | 5/12/1980 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2059 - LESKINEN | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 5 November 1975, an Administrative Law Judge of
the United States Coast Guard at Boston, Massachusetts, after a
hearing at Detroit, Michigan, on 25 February 1975, admonished
Appellant upon finding him guilty of negligence. The single
specification found proved alleges that while serving as Master of
M/V H. LEE WHITE under authority of the license above captioned,
on or about 11 December 1974, Appellant, while directing the
navigation of that vessel upbound in restricted waters, wrongfully
failed to navigate the vessel with caution; notwithstanding the
fact that information of the proximity and approach of another
vessel was available to him (from radar observations) thereby
contributing to a collision between his vessel and M/V GEORGIOS A
while that vessel was downbound in the St. Clair River.
At the hearing, Appellant was represented by professional
counsel. Appellant entered a plea of not guilty to the charge and
specification. | Appeal No. 2059 | Suspension and Revocation Appeals Authority | 6/2/1976 | 6/2/1976 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2211 - DUNCAN | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 5 September 1979, an Administrative Law Judge
of the United States Coast Guard at New York, New York, suspended
Appellant's license for two months on nine months' probation, upon
finding him guilty of negligence. The specification found proved
alleged that while serving as operator on board the tug KATHRYNE E.
MCALLISTER, under authority of the license above captioned, at or
about 0100, 28 November 1978, Appellant failed to navigate said
vessel and its tow, the tank barge CIBRO PHILADELPHIA, with due
caution, resulting in the grounding of CIBRO PHILADELPHIA on Mill
Rock, East River, N.Y., and the subsequent discharge of 942 barrels
of #2 oil into the East River.
The hearing was held at New York, New York, in four sessions
during March and April, 1979.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification. | Appeal No. 2211 | Suspension and Revocation Appeals Authority | 5/22/1980 | 5/22/1980 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2218 - LASKI | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 6 April 1979, an Administrative Law Judge of
the United States Coast Guard at Norfolk, Virginia, admonished
Appellant upon finding him guilty of negligence. The specification
found proved alleged that while serving as Master on board SS
TRANSINDIANA under authority of the license above captioned, on 11
October 1978, Appellant wrongfully failed to navigate with due
caution as the burdened vessel by failing to keep out of the way of
SS ROBERT E. LEE in a crossing situation, in violation of Rules 15
and 16 of the International Rules of the Road.
The hearing was held at Norfolk, Virginia, on 6 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 three
exhibits and the testimony of one witness. | Appeal No. 2218 | Suspension and Revocation Appeals Authority | 6/4/1980 | 6/4/1980 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2108 - ROYSE | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 6 December 1976, an Administrative Law Judge of
the United States Coast Guard at Seattle, Washington suspended
Appellant's operator's license for two months on six months'
probation upon finding him guilty of negligence. The specification
found proved alleges that Appellant, serving as operator on board
the MULTNOMAH under authority of the license above captioned, on or
about 4 September 1976, while said vessel was underway on the
Columbia River, crossed the upstream sill of the Bonneville Lock
and Dam, entering the navigation lock chamber against a red light
and without authorization to enter, in violation of 33 CFR
207.718(d)(3) and 207.718(c).
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 five witnesses and six exhibits consisting of documentary
evidence. | Appeal No. 2108 | Suspension and Revocation Appeals Authority | 6/29/1977 | 6/29/1977 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2226 - DAVIS | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 6 December 1979, an Administrative Law Judge of
the United States Coast Guard at New Orleans, Louisiana, admonished
Appellant upon finding him guilty of misconduct. The specification
found proved alleges that while serving as Second Mate on board the
SS DELTA NORTE under authority of the document and license above
captioned, on or about 6 August 1979, Appellant wilfully disobeyed
a lawful order given him by the Chief Mate; to wit, he failed to
complete stripping the vessel's logbook before going ashore.
The hearing was held at New Orleans, Louisiana, on 3 October
1979, 7 November 1979, and 6 December 1979.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced in evidence the testimony
of the Chief Mate of the SS DELTA NORTE and two pieces of
documentary evidence: (a) certified extract from Shipping Articles
of SS DELTA NORTE (10 ex 2), (b) a copy of logbook entry of SS
DELTA NORTE (10 ex 4).
In defense, Appellant offered in evidence his own testimony
and a letter from Baker-Lyman Co., Inc. dated 15 October 1979. | Appeal No. 2226 | Suspension and Revocation Appeals Authority | 7/29/1980 | 7/29/1980 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2210 - HARRIS | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 6 February 1979, an Administrative Law Judge of
the United States Coast Guard at Houston, Texas, after a hearing at
Galveston, Texas, after a hearing at Galveston, Texas, on 10
January 1979, suspended the captioned documents for a period of one
month on probation for a period of six months upon finding
Appellant guilty of misconduct. The single specification of the
charge of misconduct found proved alleges that Appellant, while
serving as Master aboard BERING SEAL, under authority of the
captioned documents, did, from on or about 1 December to 22
December 1978, wrongfully operate the vessel without the complement
of crew required by the vessel's Certificate of Inspection, in that
he did not have the required number of able seamen aboard.
At the hearing, Appellant was represented by professional
counsel. Appellant entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced into evidence the
testimony of two witnesses and four documents.
In defense, Appellant introduced into evidence the testimony
of a witness and testified in his own behalf. | Appeal No. 2210 | Suspension and Revocation Appeals Authority | 5/20/1980 | 5/20/1980 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2154 - MCKEE | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 6 March 1978, an Administrative Law Judge of
the United States Coast Guard at Long Beach, California, after
hearing held at Valdez, Alaska, suspended Appellant's seaman's
documents for three months on twelve months' probation upon finding
him guilty of misconduct. The specification found proved alleges
that while serving as Master of the United States SS AMERICA SUN
under authority of the document and license above captioned, on or
about 8 December 1977, Appellant did, while the vessel "was
departing the Port of Valdez, Alaska, wrongfully fail to obey an
order regarding said vessel's speed issued by competent authority,
to wit, the Captain of the Port, Prince William Sound, Alaska,
which was issued by verbal direction of the Vessel Traffic Center."
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification.
After hearing, the Administrative Law Judge rendered a written decision in which he concluded that the charge and specification
had been proved. He entered an order suspending all documents
issued to Appellant for a period of three months on twelve months'
probation. | Appeal No. 2154 | Suspension and Revocation Appeals Authority | 5/11/1980 | 5/11/1980 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2123 - ARNOLD | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 6 May 1977, an Administrative Law Judge of the
United States Coast Guard at Seattle, Washington suspended
Appellant's license for four months on ten months' probation upon
finding him guilty of negligence. The specification found proved
alleges that while serving as operator on board the United States
towing vessel TECUMSEH, O.N. 258 916 under authority of the license
above captioned, on or about 5 August 1976, Appellant allowed the
towing bridle between his vessel and the barge SKIPANON to go slack
and drag on the bottom of the Coos River in a submarine cable area
causing the submarine cable to be broken.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification found proved.
The Investigating Officer introduced in evidence the sworn
testimony of Mssrs. Don Dillon, Dennis Reynolds, Homer Blakeney,
Steven Johnson, Orville Fuller, and Peter Busick, and the following documents: Affidavit of Service of the Charge; U.S. Army Engineer
District, Portland; "Coos Bay, Oregon 35' Channel Modification
General Plan"; U.S. Army Engineer District, Portland; "Coos Bay,
Oregon 35' Channel Modification Coos Bay and Empire Ranges";
Statement of Steven Phillip Johnson of 28 January 1977. | Appeal No. 2123 | Suspension and Revocation Appeals Authority | 6/14/1978 | 6/14/1978 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2205 - ROBLES | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 6 September 1978, an Administrative Law Judge
of the United States Coast Guard at Boston, Massachusetts,
suspended Appellant's documents for two months on twelve months'
probation, upon finding him guilty of misconduct. The
specification found proved alleged that while serving under
authority of the documents above captioned, on or about 5 June
1978, Appellant made a false statement of material fact, under
oath, in his application for a raise in grade of his license, filed
at Portland, Maine, when he stated he had not made application in
any other port and been denied a raise in grade within the previous
year when in fact he had applied and been denied a raise in grade
at Jacksonville, Florida, on 1 June 1978.
The hearing was held at Portland, Maine, from 6 July to 24
July 1978.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and specification.
The Investigating Officer introduced in evidence the testimony
of two witnesses and six exhibits.
In defense, Appellant offered in evidence his own testimony.
After the hearing, the Administrative Law Judge rendered a
written decision in which he concluded that the charge and
specification had been proved. He then entered an order suspending
all documents issued to Appellant for a period of two months on
twelve months' probation.
The entire decision was served on 15 September 1978. Appeal
was timely filed and perfected. | Appeal No. 2205 | Suspension and Revocation Appeals Authority | 5/12/1980 | 5/12/1980 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2056 - JOHNSON | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 7 August 1975, an Administrative Law Judge of
the United States Coast Guard at San Francisco suspended
Appellant's seaman documents for 3 months on 12 months' probation
upon finding him guilty of misconduct. The specification found
proved alleges that while serving as a Radio Officer on board the
United States SS PACIFIC BEAR under authority of the document and
license above captioned, on or about 22 November 1974, Appellant
disobeyed a lawful order of the Master to check for radio traffic
from Nagasaki, Japan.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced in evidence the testimony
of the ship's master and a consultant to the ship's owner, the
ship's log and other documents.
In defense, Appellant offered in evidence his own testimony
plus documentary and character evidence. | Appeal No. 2056 | Suspension and Revocation Appeals Authority | 4/1/1976 | 4/1/1976 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2063 - CORNELIUS | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 7 January 1976, an Administrative Law Judge of
the United States Coast Guard at Long Beach, California, suspended
Appellant's seaman documents for 6 months on 12 months' probation
upon finding him guilty of misconduct. The specifications found
proved allege that while serving under authority of the license
above captioned, on or about 3 December 1975, Appellant (1)
wrongfully failed to appear before the Investigating Officer at the
U.S. Coast Guard Marine Safety Office, San Diego, California,
pursuant to a subpoena issued on 26 November 1975 in the matter of
license number 112 067 issued to Lewis F. Burk, and (2) wrongfully
failed to appear before the Investigating Officer at the U.S. Coast
Guard Marine Safety Officer, San Diego, California, pursuant to a
subpoena issued on 26 November 1975 in the matter of license number
111 246 issued to Ralph Madruga.
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. 2063 | Suspension and Revocation Appeals Authority | 7/14/1976 | 7/14/1976 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2163 - WITTICH | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 7 June 1978, an Administrative Law Judge of the
United States Coast Guard at Jacksonville, Florida, after a hearing
at Jacksonville, Florida, on 30 May 1978, suspended Appellant's
license for a period of 6 months on probation for a period of 12
months upon finding him guilty of misconduct. The single
specification of misconduct found proved alleges that Appellant,
while serving as second assistant engineer aboard CAROLE G. INGRAM,
under authority of the captioned documents, did, on or about 25 May
1978, while in the service of CAROLE G. INGRAM and while on board
the INGRAM's tow, the barge IOS 3302, which was at anchor in the
St. John's River, Jacksonville, Florida, wrongfully assault and
batter by paushing down onto the sand locker of said barge, a
member of the crew. to wit AB Armando RODRIGUEZ.
At the hearing, Appellant represented himself. Appellant
entered a plea of not guilty to the charge and specification.
The Investigating Officer introduced into evidence the
testimony of two witnesses and seven documents.
In defense, Appellant introduced into evidence his own
testimony. | Appeal No. 2163 | Suspension and Revocation Appeals Authority | 9/6/1979 | 9/6/1979 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2101 - KELLOGG | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 8 April 1976, an Administrative Law Judge of
the United States Coast Guard at New York, New York suspended
Appellant's licenses for 3 months outright plus 3 months on 12
months' probation upon finding him guilty of negligence. The
specifications found proved allege that while serving as Master on
board the United States SS EDGAR M. QUEENY under authority of the
license above captioned, on or about 31 January 1975, Appellant did
not have "a competent person standing by in position to let the
anchor go promptly as the vessel was maneuvering in congested
waters," and that Appellant did "wrongfully fail to take positive
action in sufficient time to prevent a collision with the SS
CORINTHOS."
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and each
specification. | Appeal No. 2101 | Suspension and Revocation Appeals Authority | 4/26/1977 | 4/26/1977 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2088 - SORIANO | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 8 July 1976, an Administrative Law Judge of the
United States Coast Guard at Seattle Washington suspended
Appellant's license no. 442 203 for six months on twelve months'
probation upon finding him guilty of violation of a statute. The
specification found proved alleges that as President of Swiftsure,
Inc., owner of M/V MARLIN, O.N. 568 721, an uninspected vessel, on
or about 24 January 1976, Appellant specifically directed the
master of said vessel to get underway from Seattle, Washington,
wrongfully carrying freight for hire in willful violation of 46
U.S.C. 367 and 404.
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 with the
approval of Appellant and his counsel a stipulation of fact (T-7).
See CG Exhibit 1. | Appeal No. 2088 | Suspension and Revocation Appeals Authority | 1/3/1977 | 1/3/1977 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2094 - MILLER | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 8 May, 1975, an Administrative Law Judge of the
United States Coast Guard at New Orleans, Louisiana, suspended
Appellant's license for three months upon finding him guilty of
negligence. The specifications found proved alleged that while
serving as pilot on board the Norwegian SS BAUNE under authority of
the license above captioned, on or about 18 January 1974, Appellant
committed several faults which led to a collision at Mile 6 AHP,
Mississippi River, with SS KEY TRADER.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and each
specification.
A voluminous record of testimony, statements and exhibits was
complied by the parties. | Appeal No. 2094 | Suspension and Revocation Appeals Authority | 2/7/1977 | 2/7/1977 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2232 - MILLER | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 8 November 1978, an Administrative Law Judge of
the United States Coast Guard at San Francisco, California,
suspended Appellant's license outright for a period of six (6)
months upon finding him guilty of negligence. The one
specification of negligence found proved alleged that Appellant,
while serving as Chief Engineer aboard SS LURLINE, under authority
of his license, on or about 22 December 1977, failed to take
adequate precautions to prevent the overfilling of fuel oil tanks
and subsequent spilling of a harmful quantity of oil into the
navigable waters of the United States.
At the hearing, Appellant was represented by professional
counsel. Appellant entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced into evidence the
testimony of two witnesses and five documents. | Appeal No. 2232 | Suspension and Revocation Appeals Authority | 2/9/1981 | 2/9/1981 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2221 - CERCY | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 8 September 1978, an Administrative Law Judge
of the United States Coast Guard at New Orleans, Louisiana,
suspended Appellant's license for three months, plus three months
on twelve months' probation, upon finding him guilty of negligence.
The specification found proved alleged that while serving as
operator on board Motor Vessel TIGER STAR under authority of the
license above captioned, on 4 August 1978, Appellant negligently
fell asleep at the wheel, thereby contributing to a collision
between TIGER STAR and a fixed platform. A second charge of
misconduct was withdrawn at the outset of the proceeding.
The hearing was held at New Orleans on 15, 22 and 29 August,
and 8 September 1978.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty of the charge and
specification. | Appeal No. 2221 | Suspension and Revocation Appeals Authority | 6/12/1980 | 6/12/1980 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2035 - KROHN | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 9 April 1973, an Administrative Law Judge of
the United States Coast Guard at Houston, Texas, suspended
Appellant's seaman documents for two months outright plus three
months on six months' probation upon finding him guilty of
negligence. The specification found proved alleges that while
serving as Second Mate on board the SS MARINE FLORIDIAN under
authority of the document and license above captioned, on or about
20 January 1973, did wrongfully fail to navigate said vessel in
compliance with Rule 19 and Rule 22 of the International Rules of
the Road, while serving as the officer in charge of navigating said
vessel.
At the hearing, Appellant did not appear. A plea of not
guilty to the charge and specification was entered on Appellant's
behalf by the Administrative Law Judge.
The Investigating Officer introduced in evidence his own
testimony and documentary evidence consisting of sixteen exhibits. | Appeal No. 2035 | Suspension and Revocation Appeals Authority | 9/19/1975 | 9/19/1975 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2084 - WARREN | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 9 February 1976 an Administrative Law Judge of
the United States Coast Guard at New York, New York, suspended
Appellant's seaman documents for 8 months outright plus 4 months on
12 months' probation upon finding him guilty of misconduct. The
specification found proved alleges that while serving as a Second
Assistant Engineer on board the United States SS AMERICAN LEADER
under authority of the documents above captioned, on or about 21
July 1975, Appellant wrongfully assaulted and battered a fellow
crewmember.
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 three
exhibits and the testimony of three witnesses.
In defense, Appellant offered in evidence three exhibits and
his own testimony. | Appeal No. 2084 | Suspension and Revocation Appeals Authority | 11/9/1976 | 11/9/1976 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2040 - RAMIREZ | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 9 January 1975, an Administrative Law Judge of
the United States Coast Guard at San Francisco, California,
suspended Appellant's seaman documents for six months outright upon
finding him guilty of misconduct. The specifications found proved
allege that while serving as an oiler on board the SS HAWAIIAN
LEGISLATOR under authority of the document above captioned, on or
about 28 October 1974, Appellant did.
FIRST, wrongfully Assault and Batter by beating a member of
the crew, namely, 3rd Assistant Engineer Gilbert D. Quinn, and.
SECOND, wrongfully fail to perform his assigned duties by
reason of intoxication.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and both
specifications. | Appeal No. 2040 | Suspension and Revocation Appeals Authority | 10/17/1975 | 10/17/1975 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2054 - LEESE | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 9 July 1975, an Administrative Law Judge of the
United States Coast Guard at San Francisco, California, suspended
Appellant's seaman documents for three months on six months'
probation upon finding him guilty of negligence. The specification
found proved alleges that while serving as an Operator on board F/V
AMERICA, under authority of the license aboved captioned, on or
about 23 February 1975, Appellant, while the vessel was in Berkeley
Marina, Berkeley, California, failed to take adequate precautions
to prevent the spilling of a harmful quantity of oil into the
navigable waters of the United States. An additional charge of
misconduct, specifying that Appellant violated section 311(b) (3)
of the Federal Water Pollution Control Act Amendment of 1972 in
permitting a harmful quantity of oil to be discharged into the
navigable waters of the United States, was dismissed as
"duplicitous and unnecessary" by the Administrative Law Judge.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and each
specification. | Appeal No. 2054 | Suspension and Revocation Appeals Authority | 4/22/1976 | 4/22/1976 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2189 - BEY | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 9 July 1978, an Administrative Law Judge of the
United States Coast Guard at San Francisco, revoked Appellant's
Merchant Mariner's Document upon finding him guilty of misconduct.
The specification found proved alleges that while serving under the
authority of his document aboard USNS MISPILLION on or about 4
September 1977, while on U.S. Naval Base, Subic Bay, Republic of
the Philippines, Appellant did have in his possession a narcotic
drug, to wit: heroin.
At the hearing, which comprised nine sessions, Appellant was
at first represented by lay counsel but later retained professional
counsel. Appellant entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced in evidence nineteen
exhibits.
Appellant submitted no defense. | Appeal No. 2189 | Suspension and Revocation Appeals Authority | 3/25/1980 | 3/25/1980 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2185 - JONES | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 9 May 1978, an Administrative Law Judge of the
United States Coast Guard at New Orleans, Louisiana, after a
Hearing conducted at San Francisco, California, and New Orleans,
Louisiana, on various dates between 17 January 1977 and 5 January
1978, suspended Appellant's document for a period of six months
upon finding him guilty of misconduct. The four specifications of
the charge of misconduct found proved allege that Appellant, while
serving as QMED aboard SS DELTA MAR, under authority of the
captioned document did, on or about 26 October 1976, while said
vessel was at sea: (1) wrongfully assault and batter by beating a
member of the crew, Eugene Kyzar; (2) wrongfully assault and batter
with a portable radio the vessel's Master, Peter J. Bourgeois; (3)
wrongfully use foul and abusive language against the vessel's
Master, Peter J.Bourgeois; and (4) wrongfully disobey a lawful
command of the vessel's Master, Peter J. Bourgeois, in that
Appellant failed to stop using obscene and profane language against
said vessel's Master.
At the hearing, Appellant was represented by professional counsel. Appellant entered a plea of not guilty to the charge and
specifications.
The Investigating Officer introduced into evidence the
testimony of three witnesses, ten documents, three photographs, one
item of physical evidence, and four depositions.
In defense, Appellant introduced into evidence the testimony
of two witnesses, his own included, and two documents. | Appeal No. 2185 | Suspension and Revocation Appeals Authority | 2/22/1980 | 2/22/1980 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2106 - CARDWELL | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 9 November 1976, an Administrative Law Judge of
the United States Coast Guard at St. Louis, Missouri suspended
Appellant's license and other seaman's documents for two months
subject to six months probation upon finding him guilty of
inattention to duty. The specification found proved alleges that
while serving as Operator and Person-in-Charge on board the M/V
THOMAS C.L. NUGENT under authority of the license above captioned,
on or about 27 August 1976, Appellant wrongfully permitted the
discharge of oily bilge slops from that vessel in the navigable
waters of the United States, to wit, the Ohio River near Mile
572.0, causing a sheen upon the water's surface, a violation of the
Federal Water Pollution Control Act, Public Law 92-500 (86 Stat.
816).
At the hearing, Appellant was represented by professional
counsel and entered a plea of guilty to the charge and
specification. | Appeal No. 2106 | Suspension and Revocation Appeals Authority | 9/12/1977 | 9/12/1977 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2222 - FIOCCA | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 9 October 1979, an Administrative Law Judge of
the United States Coast Guard at New York, New York, suspended
Appellant's seaman's documents for four months, plus four months on
twelve months' probation, upon finding him guilty of misconduct and
negligence. The six specifications of misconduct found proved
allege that while serving as Boatswain on board SS MORMACWAVE under
authority of the document above captioned, Appellant: (1) on or
about 11 January 1979, failed to perform his duties; (2) on 12
January 1979, failed to perform his regularly assigned duties by
being absent from the vessel from 0800 to 1200 and from 1300 to
1700 without sufficient cause; (3) on 22 January 1979, failed to
perform his duties in that he was absent from the vessel 0830 to
1200 and from 1300 to 1700 without proper permission; (4) on 23
January 1979, failed to perform his regularly assigned duties from
0800 to 1200 and from 1300 to 1700 without proper permission; (5)
on 24 January 1979, failed to obey a lawful order in that when
asked by the Master if he would obey orders, he indicated to the
master that he would not obey orders; and (6) on 24 January 1979,
failed to obey a lawful order of the Chief Mate in that when
ordered to appear before the Master to have a log entry read to
him, he refused and sent the Chief Mate a note which said, "Drop
Dead. the X Bosin." | Appeal No. 2222 | Suspension and Revocation Appeals Authority | 7/21/1980 | 7/21/1980 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2201 - BROADNAX | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order rendered 12 January 1979, 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 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 30 November 1972, Appellant
was convicted by the Superior Court, State of California, In and
for the County of Stanislaus, a court of record, for violation of
Section 11500 of the California Health and Safety Code, a narcotic
drug law violation.
The hearing was held at Long Beach, California, on II January
1979.
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 one composite
exhibit.
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 by plea. He then entered an order
revoking all documents issued to Appellant.
The entire decision was served on 18 January 1979. Appeal was
timely filed on 8 February 1979 and perfected on the same day. | Appeal No. 2201 | Suspension and Revocation Appeals Authority | 4/28/1980 | 4/28/1980 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2128 - HOLLINGSWORTH | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order rendered on 15 July 1977, an Administrative Law Judge
of the United States Coast Guard at Seattle, Washington, admonished
Appellant upon finding him guilty of misconduct. The specification
found proved alleges that while serving as a third pantryman on
board the SS President Fillmore under authority of the document
above captioned, on or about 13 May 1977, appellant did "wrongfully
create a disturbance aboard said vessel by yelling and addressing
foul and abusive language to a fellow crewmember, J. B. ALLEN."
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 seven
exhibits.
In defense, Appellant offered in evidence his own testimony
and no exhibits.
At the end of the hearing, the Judge rendered a written
decision in which he concluded that the charge and specification
had been proved. He then served a written order of admonition on
Appellant. | Appeal No. 2128 | Suspension and Revocation Appeals Authority | 7/27/1978 | 7/27/1978 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2023 - KOBERGER | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 code of Federal Regulations
137.30-1 (now 5.30-1).
By order dated 11 January 1974, and Administrative Law Judge
of the United States Coast Guard at San Francisco, California,
suspended Appellant's seaman document for four months on twelve
months' probation upon finding him guilty of misconduct. The
specification found proved alleges that while serving as Chief
Steward on board the United States SS AMERICAN CHIEFTAIN under
authority of the document above captioned, on or about 15 September
1973, Appellant did assault first Assistant Engineer Joseph Urei,
Z-518662-D1, in the Officer' Pantry.
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 vessel's
log entry concerning the incident and the testimony of four
witnesses. | Appeal No. 2023 | Suspension and Revocation Appeals Authority | 6/3/1975 | 6/3/1975 | | 12/21/2017 |