| Suspension and Revocation Appeals Authority | 2714 - EAJA DAVIS | APPLICATION FOR ATTORNEY'S FEES FROM THE UNITED STATES COAST
GUARD
APPEARANCES
For the Government:
Mr. Brian C. Crockett, Esq.
Suspension and Revocation National Center of Expertise
For Applicant:
Mr. Brian McEwing, Esq.
Reeves McEwing, LLP
Administrative Law Judge: Walter J. Brudzinski
This appeal is taken in accordance with 5 U.S.C. § 504 and 49 C.F.R. Part 6.
By order dated June 5, 2014, an Administrative Law Judge (ALJ") of the United States
Coast Guard denied the application for attorney's fees and expenses of Clint Walker Davis, Jr.
("Applicant"), incurred as a result of defending himself at a Suspension and Revocationproceeding ("S&R proceeding") against a charge of use of or addiction to the use of dangerous
drugs brought by the Coast Guard against his merchant mariner credential.
In its Complaint, the Coast Guard alleged that Applicant, an active-duty Coast Guard
member, also the holder of a Coast Guard-issued merchant mariner credential, submitted to a
Coast Guard-mandated random drug test on January 11, 2012. The urine sample allegedly
provided by Applicant subsequently tested positive for the presence of cocaine metabolites. | Appeal No. 2714 | Suspension and Revocation Appeals Authority | 2/26/2016 | 2/26/2016 | | 10/31/2017 |
| Suspension and Revocation Appeals Authority | 2715 - SOLOMON | APPEARANCES
For the Government:
CWO Dan Sammons, USCG
LT John D. Nee, USCG
Senior Investigating Officer Mark Gibbs
For Respondent:
Graham W. Syfert, Esq.
Administrative Law Judge: Dean C. Metry
This appeal is taken in accordance with 46 U.S.C. Chapter 77, 46 C.F.R. Part 5, and
33 C.F.R. Part 20.
By a Decision and Order (hereinafter "D&O") dated May 15, 2013, an Administrative Law
Judge of the United States Coast Guard (hereinafter "ALJ") suspended the Merchant Mariner
Document of Ms. Simone Joyce Solomon (hereinafter "Respondent") for fourteen months upon
finding proved one charge of misconduct. The specification found proved alleged that on July 2,
2012, Respondent, while serving as a crewmember aboard the vessel ALLIANCE
CHARLESTON, refused a chemical test, in violation of 49 C.F.R. § 40.191(b), by submitting what
according to 49 C.F.R. § 40.93(b) was a substituted urine specimen.
Respondent subsequently appealed the D&O to the Commandant, United States Coast
Guard, who affirmed the D&O. Respondent then appealed to the National Transportation Safety
Board (NTSB). In Zukunft v. Solomon, NTSB Order No. EM-213 (March 24, 2016), the NTSB
remanded the matter for further examination of salient issues.
The parties now advise that they have reached a tentative settlement agreement, and
request that the matter be remanded to the ALJ to allow the agreement to be effected. | Appeal No. 2715 | Suspension and Revocation Appeals Authority | 10/3/2016 | 10/3/2016 | | 10/31/2017 |
| Suspension and Revocation Appeals Authority | 2716 - CHESBROUGH temp, license | APPEARANCES
For the Government:
LCDR Benjamin M. Robinson
Coast Guard Sector Columbia River
Respondent:
Mr. Richard Albert Chesbrough, pro se
Administrative Law Judge: George J. Jordan
This appeal is taken in accordance with 46 U.S.C. Chapter 77, 46 C.F.R. Part 5, and
33 C.F.R. Part 20.
On July 26, 2016, an Administrative Law Judge (hereinafter "ALJ") of the United States
Coast Guard issued a Decision and Order revoking the Merchant Mariner Credentials of
Mr. Richard A. Chesbrough (hereinafter "Respondent") upon finding proved two specifications
of misconduct, and one specification of conviction of an offense that would preclude issuance of : "
a Coast Guard MMC.
On July 22, 2016, Respondent filed a Notice of Appeal in the matter. He perfected his
appeal by filing an Appellate Brief on August 30, 2016. In a letter dated August 3 0, 2016, Respondent requested issuance of a Temporary
Mariner Credential as appellate action commenced in his case. The ALJ considered
Respondent's request and, on October 13, 2016, issued a Decision and Order denying issuance of
a temporary credential to Respondent. Via letter dated October 29, 2016, Respondent attacks the
ALJ's denial of a temporary credential, among other things, and requests that his credential be
returned to him while he waits for the outcome of his case. I am treating this as an appeal of the
ALJ's denial of his request for a temporary credential.
The ALJ's decision on the temporary credential refers to all tlu·ee of the allegations found
proved: Allegations Two (misconduct: making a false statement in a casualty investigation),
Three (misconduct: attempting to induce a witness to testify falsely in a marine casualty
investigation), and Six (conviction of an offense that would prevent the issuance or renewal of a
MMC). | Appeal No. 2716 | Suspension and Revocation Appeals Authority | 3/23/2017 | 3/23/2017 | | 10/31/2017 |
| Suspension and Revocation Appeals Authority | 2701 - CHRISTIAN | DECISION OF THE COMMANDANT ON APPEAL FROM DENIAL OF
APPLICATION FOR ATTORNEY'S FEES FROM THE UNITED STATES COAST
GUARD
This appeal is taken in accordance with S U.S.C. § S04 and 49 C.F.R. Part 6.
By order dated July 21,2011, an Administrative Law Judge (hereinafter "AU") of the
United States Coast Guard denied Aaron Louis Christian's (hereinafter "Respondent's")
application for attorney's fees and expenses incurred as a result of defending himself against a
charge of misconduct brought by the Coast Guard against his merchant mariner credentials.
Through its original Complaint, the Coast Guard alleged that Respondent committed misconduct
and violation of law or regulation by manifesting a blood alcohol content level in excess of the
Department of Transportation's Breath Alcohol standards. The Coast Guard subsequently
amended its Complaint to remove the "violation of law or regulation" allegation. The allegation
of misconduct remained and was a pending charge throughout all stages of the proceeding
against Respondent's merchant mariner credentials. The misconduct allegation alleged that
Respondent violated a company policy which prohibits employees from reporting to work under
the influence of alcohol. | Appeal No. 2701 | Suspension and Revocation Appeals Authority | 7/22/2013 | 7/22/2013 | | 10/31/2017 |
| Suspension and Revocation Appeals Authority | 2693 - CONTRERAS | By a Decision and Order (hereinafter "D&O") dated March 17,2009, Walter
Brudzinski, an Administrative Law Judge (hereinafter "ALJ") of the United States Coast
Guard, at San Diego, CA, revoked the Merchant Mariner Document of Mr. Rocky Mel
Contreras (hereinafter "Respondent") upon finding proved five counts of misconduct.
The misconduct charges were that: Respondent refused to stand his lookout watch in the
manner ordered by the Chief Mate on the MN LIBERTY EAGLE; that Respondent, on
three separate occasions, failed to obey the orders of the Master of the MN LIBERTY
EAGLE to report for master's logging and dismissal procedures; and, that Respondent
failed to reveal a 2003 conviction for vandalism on an April 2005 official Coast Guard
application (Form CG-7l9B). Through the same D&O, Judge Brudzinski found one
additional count of misconduct not proved and dismissed, without prejudice, two counts alleging violation a/law or regulation. At all times during the proceeding Respondent
appeared pro se and appeals pro se. | Appeal No. 2693 | Suspension and Revocation Appeals Authority | 4/4/2011 | 4/4/2011 | | 11/27/2017 |
| Suspension and Revocation Appeals Authority | 2694 - LANGLEY | By a Decision and Order (hereinafter "D&O") delivered from the bench on
February 26, 2010, and memorialized via written D&O dated March 2, 2010 (hereinafter
"D&O II"), Administrative Law Judge (hereinafter "ALJ") Michael J. Devine of the
United States Coast Guard at Norfolk, Virginia, revoked the Merchant Mariner
Document of Mr. Harold Langley (hereinafter "Respondent") upon finding proved one
charge of misconduct. The misconduct charge found proved alleged that, while serving
as a crew member aboard the USNS REGULUS, Respondent submitted a substituted
urine sample during a random drug test conducted on June 29, 2009.
FACTS & PROCEDURAL HISTORY
At all times relevant herein, Respondent was the holder of a Coast Guard-issued
Merchant Mariner Document. [D&O II at 3] On June 29, 2009, Respondent was
employed by Maersk Line as a crew member aboard the USNS REGULUS and was
working under the authority of his Coast Guard-issued Merchant Mariner Document. | Appeal No. 2694 | Suspension and Revocation Appeals Authority | 5/25/2011 | 5/25/2011 | | 11/27/2017 |
| Suspension and Revocation Appeals Authority | 2695 - AILSWORTH | This appeal is taken in accordance with 46 U.S.C. § 7701 et seq., 46 C.F.R. Part
5, and the procedures set forth in 33 C.F.R. Part 20.
By a decision and order (hereinafter "D&O") dated August 31, 2009, Michael J.
Devine, an Administrative Law Judge (hereinafter "ALJ") of the United States Coast
Guard, at Norfolk, Virginia, revoked the merchant mariner license of Mr. William Dea
Ailsworth (hereinafter "Respondent"), upon finding proved one charge of negligence and
two charges of violation of law or regulation. The first specification found proved
alleged that on January 11 , 2009, Respondent, the master of a towing vessel, grounded a
listing barge, the SL-119, and then caused it to sink on January 12, 2009, by negligently
removing it from its beached position on the shore before remedying the cause of the list.
The second specification found proved alleged that Respondent violated 46 C.F.R.
§ 4.05-10 by failing to submit a marine casualty report to the Coast Guard within five
days of the sinking. The third specification found proved alleged that Respondent
violated 46 C.F.R. § 4.05-1 by failing to notify the Coast Guard immediately of an occurrence materially affecting a vessel's seaworthiness when he failed to immediately
notify the Coast Guard of the list that caused him to ground the SL-119. The ALJ
dismissed a fourth specification alleging that Respondent wrongfully failed to comply
with a subpoena to appear.
APPEARANCES: Michael L. Donner, Sr., Esq., Hubbard, Terry & Britt, P.C. 293
Steamboat Road, Irvington, VA, 22480, for Respondent. The Coast Guard was
represented by LT Candice Casavant, LT Aidan Van Cleef, and LT Maria Wiener, U.S.
Coast Guard Sector Hampton Roads, 200 Granby Street, Suite 700, Norfolk VA, 23518. | Appeal No. 2695 | Suspension and Revocation Appeals Authority | 6/14/2011 | 6/14/2011 | | 11/27/2017 |
| Suspension and Revocation Appeals Authority | 2696 - CORSE | This appeal is taken in accordance with 46 U.S.c. § 7701 et seq., 46 C.F.R.
Part 5, and the procedures in 33 C.F.R. Part 20.
By a Default Order dated October 15,2010, Bruce T. Smith, an Administrative
Law Judge (hereinafter "ALJ") of the United States Coast Guard, revoked the Merchant
Mariner License of Mr. Brandon Scott Corse (hereinafter "Respondent") upon a finding
of default in a proceeding that alleged, as the basis for revocation, use of or addiction to
the use of dangerous drugs. The Complaint alleged that on January 23,2010,
Respondent submitted to a reasonable suspicion drug test and provided a urine sample
that tested positive for the presence of marijuana metabolites. | Appeal No. 2696 | Suspension and Revocation Appeals Authority | 7/18/2011 | 7/18/2011 | | 11/27/2017 |
| Suspension and Revocation Appeals Authority | 2697 - GREEN | This appeal is taken in accordance with 46 U.S.C. § 7703,46 C.F.R. Part 5, and the
procedures set forth in 33 C.F.R. Part 20.
By a Decision and Order (hereinafter "D&O") dated January 4,2011, Bruce T. Smith, an
Administrative Law Judge (hereinafter "ALJ") of the United States Coast Guard at Paducah,
Kentucky, ordered the revocation of the Merchant Mariner License of Mr. Randy Joe Green
(hereinafter "Respondent") upon finding proved one charge of use of or addiction to the use of
dangerous drugs.
The specification found proved alleged that Respondent submitted to a random drug test
on July 15,2010, and that the specimen that he provided subsequently tested positive for the
presence of marijuana metabolites. | Appeal No. 2697 | Suspension and Revocation Appeals Authority | 11/14/2011 | 11/14/2011 | | 11/27/2017 |
| Suspension and Revocation Appeals Authority | 2698 - HOCKING | By a Decision and Order (hereinafter “D&O”) dated January 4, 2011, Michael J. Devine,
an Administrative Law Judge (hereinafter “ALJ”) of the United States Coast Guard, ordered the
revocation of the Merchant Mariner License of Mr. James Bruce Hocking (hereinafter
“Respondent”) upon finding proved one charge of incompetence.
The specification found proved alleged that, after Respondent submitted a completed
Merchant Mariner Physical Examination Report (Form CG-719K) to the Coast Guard on
December 4, 2008, the National Maritime Center (hereinafter “NMC”), on April 2, 2009,
informed Respondent that he was not medically fit for merchant mariner duties due to a heart
condition and the placement of an Implantable Cardioverter Defibrillator (hereinafter “ICD”).
Thereafter, on multiple occasions between May 18, 2009, and May 31, 2009, Respondent served
as Master of the M/V NANTUCKET, a Coast Guard-inspected passenger ferry, upon the waters
of Nantucket Sound. The specification alleges that by so operating the vessel while not
medically fit to do so, Respondent committed an act of incompetence. | Appeal No. 2698 | Suspension and Revocation Appeals Authority | 4/25/2012 | 4/25/2012 | | 11/27/2017 |
| Suspension and Revocation Appeals Authority | 2700 -THOMAS | By a Decision and Order (hereinafter "D&O") dated June 2, 2011, Walter J. Brudzinski,
an Administrative Law Judge (hereinafter "ALJ'') of the United States Coast Guard, revoked the
Merchant Mariner credential of Mr. Corinthis Emile Thomas (hereinafter "Respondent") upon a
finding of default in a proceeding that alleged, as the basis for revocation, two counts of
incompetence and one count of misconduct.
PROCEDURAL HISTORY
NO. ·27 0 0
i
This case progressed as follows:
• January 28, 2011-Coast Guard files Complaint against Respondent's Merchant
Mariner credential alleging two counts of incompetence and one count of
misconduct.
• February 17, 2011-Complaint received at Respondent's address ofrecord and
signed for by Respondent.
• February 18, 2011-Respondent files his answer in the matter wherein he denies
all jurisdictional and factual allegations and agrees with the proposed hearing
dates of April 19, 20, or 21 , 2011, and the proposed hearing location at the
Alexander Hamilton Customs House in New York, New York.
• March 28, 2011-ALJ issues Scheduling Order in the case setting the hearing of
April 20, 2011, at the Alexander Hamilton Customs House in New York, New
York.
• April 13, 2011-Coast Guard files a Motion for a Pre-Hearing Conference to be
conducted via telephone.
• April 14, 2011-ALJ issues Scheduling Order- Pre-Hearing Conference
granting the Coast Guard's Motion for a Pre Hearing Conference and setting a
teleconference for April 18, 2011 at 3 :00 p.m. EST.
• April 18, 2011-Pre-Hearing Conference held, Respondent does not attend;
Coast Guard moves orally for default due to Respondent's failure to appear. ALJ
takes motion under advisement, providing Respondent the opportunity to appear
at the hearing. [Memorandum and Order of Pre-Hearing Teleconference at 1)
• April 20, 2011-Hearing held; Respondent does not attend and Coast Guard
again moves orally for a default in the matter. [Order to Show Cause at 1-2] | Appeal No. 2700 | Suspension and Revocation Appeals Authority | 7/13/2012 | 7/13/2012 | | 11/27/2017 |
| Suspension and Revocation Appeals Authority | 2691 - JORY | This appeal is taken in accordance with 46 U.S.C. § 7701 et seq., 46 C.F.R. Part 5
and the procedures set forth in 33 C.F.R. Part 20.
By a Decision and Order (hereinafter "D&O) dated December 5, 2008, Judge
Bruce T. Smith, an Administrative Law Judge (hereinafter "ALJ") of the United States
Coast Guard at Mobile, Alabama, revoked the Merchant Mariner Credentials of Mr. Jack
Anthony Jory (hereinafter "Respondent") upon finding that the Coast Guard proved, by
substantial evidence, that Respondent was a security risk that posed a threat to the safety
or security of a vessel. The factual allegations supporting the Coast Guard's charge
allege that "[o]n November 3, 2008, the Respondent did threaten the life of Jeff
Cunningham, Master of the MN SEA FOX .. .in violation of 46 USCA 7703(5)."
FACTS AND PROCEDURE
At all times relevant herein, Respondent was the holder of the Coast Guard issued
Merchant Mariner Credentials at issue here. [D&O at 3; Coast Guard Exhibit 1] | Appeal No. 2691 | Suspension and Revocation Appeals Authority | 12/22/2010 | 12/22/2010 | | 11/27/2017 |
| Suspension and Revocation Appeals Authority | 2692 - CHRISTIAN | By a Decision and Order (hereinafter "D&O") dated November 13, 2009, Bruce T.
Smith, an Administrative Law Judge (hereinafter "ALJ") of the United States Coast Guard at
New Orleans, Louisiana, granted a Motion to Dismiss filed by Mr. Aaron Christian (hereinafter
"Respondent") upon finding that the Coast Guard had failed to prove the misconduct charge
alleged in the Coast Guard's Amended Complaint.
FACTUAL AND PROCEDURAL HISTORY
Respondent was employed by Higman Marine Services and holds a merchant mariner's
license and a merchant mariner's document issued by the U.S. Coast Guard. [D&O at 2]
According to the Coast Guard's Complaint, on November 14, 2008, Respondent took and failed
an alcohol test, providing a breath sample that indicated a blood alcohol content in excess both of
federal limits and those permitted by his employer. [Id.l
The Coast Guard filed its original Complaint against Respondent's Coast Guard-issued
mariner credentials on May 6, 2009, alleging that Respondent committed misconduct and violation of law or regulation by manifesting a blood alcohol content level in excess of the
Department of Transportation's Breath Alcohol Test standards. [D&O at 2} On August 5, 2009,
the Coast Guard amended its Complaint to remove the "violation of law or regulation"
allegation. [Id.} The Coast Guard did not remove the allegation of misconduct1
, and it
remained a pending charge at all stages of the proceeding. [Id.} The misconduct allegation
alleged that Respondent violated a company policy which prohibits employees from reporting to
work under the influence of alcohol. | Appeal No. 2692 | Suspension and Revocation Appeals Authority | 2/28/2011 | 2/28/2011 | | 11/27/2017 |
| Suspension and Revocation Appeals Authority | 2685 - MATT | UNITED STATES OF AMERICA
DEPARTMENT OF HOMELAND SECURITY
UNITED STATES COAST GUARD
UNITED STATES OF AMERICA
UNITED STATES COAST GUARD
vs.
MERCHANT MARINER LICENSE
Issued to: WILLIAM S. MAIT
DECISION OF THE
VICE COMMANDANT
ON APPEAL
NO 2685
This appeal is taken in accordance with 46 U.S.C. § 7701 et seq., 46 C.F.R. Part 5,
and 33 C.F.R. Part 20.
Bya Decision and Order (hereinafter "D&O") dated May 13, 2008, Coast Guard
Administrative Law Judge (hereinafter "AU") Bruce T. Smith dismissed the Coast
Guard's Amended Complaint alleging violation oflaw or regulation (for refusal to
submit to pre-employment drug testing) against William S. Matt (hereinafter
"Respondent"). The ALJ dismissed the Coast Guard's allegation upon finding that the
Coast Guard did not prove, "by a preponderance of the reliable and credible evidence and
testimony as taken from the record considered as a whole" that Respondent failed to
submit to Coast Guard mandated drug testing. [D&O at 16] The Coast Guard appeals. | Appeal No. 2685 | Suspension and Revocation Appeals Authority | 1/5/2010 | 1/5/2010 | | 11/27/2017 |
| Suspension and Revocation Appeals Authority | 2686 - SALAMON | UNITED STATES OF AMERICA
DEPARTMENT OF HOMELAND SECURITY
UNITED STATES COAST GUARD
UNITED STATES OF AMERICA
UNITED STATES COAST GUARD
vs.
MERCHANT MARINER LICENSE
Issued to: VLADIMIR SALAMON
DECISION OF THE
COMMANDANT
ON APPEAL
NO. 2686
This appeal is taken in accordance with 46 U.S.c. § 7701 ef seq., 46 C.F.R. Part
5, and the procedures set forth in 33 C.F.R. Part 20.
FACTS & PROCEDURAL HISTORY
At all times relevant herein, Respondent was the holder of the Coast Guard issued
merchant mariner license at issue in this proceeding.
By a Decision and Order (hereinafter "D&O") dated May 2, 2008, Coast Guard
Chief Administrative Law Judge (hereinafter "CALJ") Joseph N. Ingolia, dismissed the
Coast Guard Complaint against the Merchant Mariner License of Vladimir Salamon
(hereinafter "Respondent") upon finding that the Investigating Officer (hereinafter "10")
failed to follow required regulations. The Complaint from which the D&O resulted
alleged that on August 14,2007, Respondent committed misconduct by failing to report a
marine casualty as required by 46 C.F.R. § 4.05-I(a). Additionally, the Complaint
alleged he committed acts of negligence by failing to sound the proper sound signals and obtain early warning of the risk of collision as prescribed by 33 U.S.c. §§ 2035(c) and
2007(b). | Appeal No. 2686 | Suspension and Revocation Appeals Authority | 5/22/2010 | 5/22/2010 | | 11/27/2017 |
| Suspension and Revocation Appeals Authority | 2687 - HANSEN | UNITED STATES OF AMERICA
DEPARTMENT OF HOMELAND SECURITY
UNITED STATES COAST GUARD
UNITED STATES OF AMERlCA
UNITED STATES COAST GUARD
vs.
DECISIO OF THE
VICE COMMANDA T
o APPEAL
MERCHANT MARINER LICENSE
and
MERCHANT MARINER DOCUMENT
Issued to: EDWARD K. HANSEN
NO. 2687
This appeal is taken in accordance with 46 U.S.C. § 7701 el seq., 46 C.F.R. Part
5, and the procedures set forth in 33 C.F.R. Part 20.
Bya Decision and Order (hereinafter "D&O") dated February 20, 2008,
Administrative Law Judge (hereinafter "AU") Michael J. Devine of the United States
Coast Guard at Norfolk, Virginia, suspended the Merchant Mariner Credentials of Mr.
Edward K. Hansen (hereinafter "Respondent") for one month on two months probation
upon finding proved one charge of violation of law or regulation. The specification
found proved alleged that, while serving as the master of M/V BETTY, Respondent
towed the TIB ATLANTIC SULPHUR NO.1 beyond the boundary line without a valid
load line certificate or coastwise load line exemption letter, in violation of 46 U.S.C. §§
5102 and 5103, and 46 C.F.R. § 42.07-1. | Appeal No. 2687 | Suspension and Revocation Appeals Authority | 6/8/2010 | 6/8/2010 | | 11/27/2017 |
| Suspension and Revocation Appeals Authority | 2688 - HENSLEY | UNITED STATES OF AMERICA
DEPARTMENT OF HOMELAND SECURITY
UNITED STATES COAST GUARD
UNITED STATES OF AMERICA
UNITED STATES COAST GUARD
vs.
MERCHANT MARINER LICENSE
Issued to: GARY L. HENSLEY
DECISION OF THE
VICE COMMANDANT
ON APPEAL
NO. 2688
This appeal is taken in accordance with 46 U.S.C. § 7701 ef seq., 46 C.F.R.
Part 5, and the procedures set forth in 33 C.F.R. Part 20.
By a Decision and Order (hereinafter "D&O") dated August 14, 2008, Coast
Guard Administrative Law Judge (hereinafter "AU") Bruce T. Smith dismissed the
Coast Guard's Complaint alleging use of or addiction to the use of dangerous drugs (for
failure of a pre-employment drug test) against Gary L. Hensley (hereinafter
"Respondent"). The AU dismissed the Coast Guard's Complaint upon finding that
"[t]he Coast Guard did not prove Respondent failed a pre-employment drug test
conducted in accordance with 46 C.F.R. Part 16 and 49 C.F.R. Part 40." [D&O at 17]
The Coast Guard appeals. | Appeal No. 2688 | Suspension and Revocation Appeals Authority | 6/14/2010 | 6/14/2010 | | 11/27/2017 |
| Suspension and Revocation Appeals Authority | 2689 - SHINE | UNITED STATES OF AMERICA
DEPARTME T OF HOMELAND SECURITY
UNITED STATES COAST GUARD
UNITED STATES OF AMERICA
UNITED STATES COAST GUARD
vs.
MERCHANT MARINER LICENSE
Issued to: ERIC NOR.\4A SHINE
DECISION OF THE
VICE COMMANDANT
ON APPEAL
NO. 2689
This appeal is taken in accordance with 46 U.S.C. § nOI el seq., 46 C.F.R. Part
5, and the procedures set forth in 33 C.F.R. Part 20.
Bya Decision and Order (hereinafter "D&O") dated November 13,2008, Coast
Guard Administrative Law Judge (hereinafter "AU") Walter J. Brudzinski revoked the
merchant mariner license afEric Norman Shine (hereinafter "Respondent) upon finding
proved the charge of incompetence. In finding the alleged violation proven, the AU
made 53 findings of fact, including several findings related to Respondent's actions
aboard two merchant vessels and others regarding Respondent's medical treatment
history. Respondent appeals.
APPEARANCE: Prior to filing his first appeal, Respondent was represented by
Forgie, Jacobs & Leonard (Peter S. Forgie, Esq.), 4165 E. Thousand Oaks Boulevard,
Suite 355, Westlake Village, CA 91362. From the time of his first appeal, Respondent
has appeared pro se. The Coast Guard was represented by LCDR Chris Tribolet of U.S.
Coast Guard Maintenance and Logistics Command Pacific, Alameda, California. | Appeal No. 2689 | Suspension and Revocation Appeals Authority | 10/30/2010 | 10/30/2010 | | 11/27/2017 |
| Suspension and Revocation Appeals Authority | 2690 - THOMAS | UNITED STATES OF AMERICA
DEPARTMENT OF HOMELAND SECURITY
UNITED STATES COAST GUARD
UNITED STATES OF AMERICA
UNITED STATES COAST GUARD
vs.
MERCHANT MARINER LICENSE
&
MERCHANT MARINER DOCUMENT
Issued to: MICHAEL J. THOMAS
DECISION OF THE
VICE COMMANDANT
ON APPEAL
NO·2690
This appeal is taken in accordance with 46 U.S.C. § 7701 et seq., 46 C.F.R.
Part 5, and the procedures set forth in 33 C.F.R. Part 20.
By a Decision and Order (hereinafter "0&0") dated October 2,2009, Coast
Guard Administrative Law Judge (hereinafter "AU") Bruce T. Smith revoked the
Merchant Mariner Credentials of Mr. Michael J. Thomas (hereinafter "Respondent")
upon finding the Coast Guard's Complaint alleging misconduct proved. The Complaint
alleged that Respondent committed an act of misconduct by refusing to submit to a post casualty
drug test ordered by Respondent's marine employer. | Appeal No. 2690 | Suspension and Revocation Appeals Authority | 12/13/2010 | 12/13/2010 | | 11/27/2017 |
| Suspension and Revocation Appeals Authority | 2681 - ROGERS | UNITED STATES OF AMERICA
DEPARTMENT OF HOMELAND SECURITY
UNITED STATES COAST GUARD
UNITED STATES OF AMERICA : DECISION OF THE
:
UNITED STATES COAST GUARD :
: VICE COMMANDANT
vs. :
: ON APPEAL
MERCHANT MARINER LICENSE :
: NO. 2681
:
:
Issued to: MURRAY RANDALL ROGERS :
This appeal is taken in accordance with 46 U.S.C. § 7701 et seq., 46 C.F.R. Part
5, and the procedures in 33 C.F.R. Part 20.
By an “Order Ruling on Proposed Sanctions Based on Non-Compliance with
Subpoena” dated March 25, 2005, (hereinafter “D&O”), an Administrative Law Judge
(hereinafter “ALJ”) of the United States Coast Guard at New Orleans, Louisiana,
dismissed the Coast Guard’s Complaint alleging both misconduct and violation of law or
regulation against Murray Randall Rogers (hereinafter “Respondent”), with prejudice.
The ALJ’s dismissal of the case, an unprecedented action in Coast Guard Suspension and
Revocation proceedings, was ordered as a remedy to Respondent for the Coast Guard’s
failure to comply with a subpoena for discovery of documents issued to the Investigating
Officer (hereinafter “I.O.”) by the ALJ. | Appeal No. 2681 | Suspension and Revocation Appeals Authority | 4/30/2008 | 4/30/2008 | | 11/27/2017 |
| Suspension and Revocation Appeals Authority | 2682 - REEVES | UNITED STATES OF AMERICA
DEPARTMENT OF HOMELAND SECURITY
UNITED STATES COAST GUARD
UNITED STATES OF AMERICA : DECISION OF THE
:
UNITED STATES COAST GUARD : COMMANDANT
:
vs. : ON APPEAL
:
MERCHANT MARINER DOCUMENT : NO. 2682
:
:
:
Issued to: ARLAN T. REEVES :
This appeal is taken in accordance with 46 U.S.C. § 7701 et seq., 46 C.F.R. Part
5, and the procedures set forth in 33 C.F.R. Part 20.
By an “Order Granting Coast Guard’s Motion for Default and Order of
Revocation” (hereinafter “Default Order”) dated April 5, 2007, Coast Guard
Administrative Law Judge (hereinafter “ALJ”) Anthony B. Canorro, revoked the
Merchant Mariner Document (hereinafter “MMD”) of Mr. Arlan T. Reeves (hereinafter
“Respondent”) upon a finding of default in a proceeding that alleged use of or addiction
to the use of dangerous drugs. The Complaint from which the Default Order resulted
alleged that on October 19, 2006, Respondent submitted to a post accident drug test and
provided a urine sample that tested positive for the presence of cocaine metabolites. | Appeal No. 2682 | Suspension and Revocation Appeals Authority | 5/8/2008 | 5/8/2008 | | 11/27/2017 |
| Suspension and Revocation Appeals Authority | 2683 - DESIMONE | UNITED STATES OF AMERICA
DEPARTMENT OF HOMELAND SECURITY
UNITED STATES COAST GUARD
UNITED STATES OF AMERICA
UNITED STATES COAST GUARD
VS.
MERCHANT MARINER LICENSE
Issued to: MICHAEL G. DESIMONE
DECISION OF THE
VICE COMMANDANT
ON APPEAL
N026S3
This appeal is taken in accordance with 46 U.S.c. § 7701 el seq., 46 C.F.R. Part 5,
and 33 C.F.R. Part 20.
By a Decision and Order dated July 8, 2005 (hereinafter "D&O"), Judge Walter J.
Brodzinski, an Administrative Law Judge (hereinafter "All") of the United States Coast
Guard at New York, New York, revoked the merchant mariner license of Mr. Michael G.
DeSimone (hereinafter "Respondent") upon finding proved a charge of misconduct. The
specification alleged that Respondent was convicted of violating a dangerous drug law of
the State ofNew York within 10 years of the initiation of the Coast Guard suspension and
revocation proceedings. | Appeal No. 2683 | Suspension and Revocation Appeals Authority | 11/6/2009 | 11/6/2009 | | 11/27/2017 |
| Suspension and Revocation Appeals Authority | 2684 - SCARBOUGH | UNITED STATES OF AMERICA
DEPARTMENT OF HOMELAND SECURITY
UNITED STATES COAST GUARD
UNITED STATES OF AMERICA
UNITED STATES COAST GUARD
vs.
DECISION OF THE
VICE COMMANDANT
ON APPEAL
MERCHANT MARINER LICENSE
Issued to: JAMES C. SCARBOUGH
NO.
1
2.684
This appeal is taken in accordance with 46 U.S.C. § 7701 et seq., 46 C.F.R. Part 5,
and the procedures set forth in 33 C.F.R. Part 20.
By an Order Approving Settlement Agreement and Denying Respondent's
Request to Set Aside Settlement Agreement dated October 25, 2007, an Administrative
Law Judge (hereinafter "ALl") of the United States Coast Guard approved a Settlement
Agreement between the Respondent and the Coast Guard in which Respondent's
Merchant Mariner License was suspended for one month following his admission of all
jurisdictional and factual allegations in the Complaint alleging violation of law or
regulation. Respondent subsequently perfected an appeal of the Settlement Agreement
on December 21, 2007, claiming he was coerced to enter into the Settlement Agreement.
I have learned that subsequent to the filing of his appeal, based on information from
Coast Guard Sector Guam and Respondent's counsel of record, that Respondent is deceased. | Appeal No. 2684 | Suspension and Revocation Appeals Authority | 12/6/2009 | 12/6/2009 | | 11/27/2017 |
| Suspension and Revocation Appeals Authority | 2588 - LASORSA | U N I T E D S T A T E S O F A M E R IC A
DEPARTMENT OF TRANSPORTATION
UNITED STATES COAST GUARD
UNITED STATES OF AMERICA
UNITED STATES COAST GUARD
vs.
LICENSE NO. 694718
Issued to Steven J. Lasorsa
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DECISION OF THE
VICE COMMANDANT
ON APPEAL
NO. 2588
This appeal is taken in accordance with 46 U.S.C. § 7702 and 46 C.F.R. § 5.701.
By order dated February 5, 1996, an Administrative Law Judge of the United States Coast Guard at
Norfolk, Virginia, suspended Appellants license based upon finding proved a charge of negligence and a
charge of violation of law or regulation. The single specification supporting the charge of negligence
alleged that Appellant failed to adequately navigate the M/V GRANITE STATE (O.N. 646798) while
mooring, causing the vessel to allide with a moored barge. The specification supporting the charge of
violation of law or regulation alleged that Appellant failed to give notice to the Coast Guard of the hull
damage which materially and adversely affected the seaworthiness of the M/V GRANITE STATE.
Hearings were held in Portland, Maine, on October 25, 1995, and December 5, 1995. Appellant was
represented by counsel and entered a response denying both charges and specifications. The
Administrative Law Judge introduced into evidence one exhibit. The Investigating Officer introduced
into evidence eight exhibits and the testimony of five witnesses. Appellant introduced into evidence four
exhibits, his own testimony and the testimony of one other witness. | Appeal No. 2588 | Suspension and Revocation Appeals Authority | 8/13/1997 | 8/13/1997 | | 11/27/2017 |
| Suspension and Revocation Appeals Authority | 2582 - SKINNER | U N I T E D S T A T E S O F A M E R I C A
DEPARTMENT OF TRANSPORTATION
UNITED STATES COAST GUARD
UNITED STATES OF AMERICA
UNITED STATES COAST GUARD
vs
LICENSE NO. 710272
Issued to: Mark R. Skinner, Appellant
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DECISION OF THE
VICE COMMANDANT
ON APPEAL
NO. 2582
This appeal is taken in accordance with 46 U.S.C. § 7702 and 46 C.F.R. § 5.701.
By order dated June 15, 1995, an Administrative Law Judge of the United States Coast Guard at
New Orleans, Louisiana, suspended Appellant's merchant mariner’s license for one month, upon
finding a charge of violation of law proved. The single specification supporting the charge was
found proved. The specification alleged that appellant, while serving under the authority of his
license, violated 46 U.S.C. § 8902 in allowing an unlicensed member of his crew to operate the
small passenger vessel, M/V BONNE AMIE.
Hearings were held in Mobile, Alabama on January 27, February 24, and May 12, 1995.
Appellant was represented by lawyer counsel and entered a response denying the charge and
specification. The Coast Guard Investigating Officer introduced into evidence the testimony of
three witnesses who were residents of and testified telephonically from Memphis, TN. The
Investigating Officer also introduced three exhibits into evidence. Appellant’s counsel, who was
also appellant’s father and owner of the vessel, testified as to the configuration of the vessel.
Appellant introduced two exhibits.
The Administrative Law Judge issued a written Decision and Order (D&O) on June 15, 1995. It
found the charge and supporting specifications proved, and suspended Appellant’s license for one
month outright with two months suspension on twelve months probation. The Decision and Order
were served on Appellant on June 19, 1995. Appellant filed a timely notice of appeal on July 6,
1995, and, after an extension, perfected it on November 20, 1995. | Appeal No. 2582 | Suspension and Revocation Appeals Authority | 5/5/1997 | 5/5/1997 | | 11/27/2017 |
| Suspension and Revocation Appeals Authority | 2583 - WRIGHT | U N I T E D S T A T E S O F A M E R I C A
DEPARTMENT OF TRANSPORTATION
UNITED STATES COAST GUARD
UNITED STATES OF AMERICA
UNITED STATES COAST GUARD
vs.
MERCHANT MARINER’S LICENSE
NO. 648313
AND
MERCHANT MARINER'S DOCUMENT
NO. [redacted] (OLD Z 58942)
Issued to: William E. Wright, Appellant
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DECISION OF THE
COMMANDANT
ON APPEAL
NO. 2583
This appeal is taken in accordance with 46 U.S.C. § 7702 and 46 C.F.R. § 5.701.
By an order dated April 10, 1995, an Administrative Law Judge of the United States Coast Guard
at Norfolk, Virginia, revoked Appellant's merchant mariner’s license, upon finding a charge of
use of a dangerous drug proved. The single specification supporting the charge alleged that
appellant was, as shown by a positive drug test, a user of a dangerous drug, to wit; Marijuana.
Hearings were held in New York, New York on October 24, 1994, and January 10, 1995.
Appellant was represented by counsel and entered a response denying the charge and
specification. The Coast Guard Investigating Officer introduced into evidence the testimony of
five witnesses and three exhibits. Appellant’s counsel introduced into evidence the testimony of
three witnesses and eleven exhibits. The Administrative Law Judge introduced six exhibits into
evidence on his own motion. | Appeal No. 2583 | Suspension and Revocation Appeals Authority | 7/7/1997 | 7/7/1997 | | 11/27/2017 |
| Suspension and Revocation Appeals Authority | 2584 - SHAKESPEARE | U N I T E D S T A T E S O F A M E R IC A
DEPARTMENT OF TRANSPORTATION
UNITED STATES COAST GUARD
UNITED STATES OF AMERICA
UNITED STATES COAST GUARD
vs.
LICENSE NOS. 641035 AND R35012
Issued to David R. Shakespeare
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DECISION OF THE
COMMANDANT
ON APPEAL
NO. 2584
This appeal is taken in accordance with 46 U.S.C. § 7702 and 46 C.F.R. § 5.701.
By an order dated February 1, 1996, an Administrative Law Judge of the United States Coast Guard at
Jacksonville, Florida, revoked Appellants above captioned licenses, upon finding a charge of use of a
dangerous drug proved. The single specification supporting the charge alleged that appellant was, as
shown by a positive drug test, a user of marijuana.
Hearings were held in Savannah, Georgia, on December 29, 1995, and January 26, 1996. Appellant
appeared pro se and entered a response denying the charge and specification. The Coast Guard
Investigating Officer introduced into evidence the testimony of four witnesses and twelve exhibits.
Appellant introduced into evidence his own testimony and five exhibits.
The Administrative Law Judges Decision and Order (D&O) was served on Appellant on February 5,
1996. Appellant filed a timely notice of appeal on March 4, 1996 and perfected it on March 28, 1996. | Appeal No. 2584 | Suspension and Revocation Appeals Authority | 7/10/1997 | 7/10/1997 | | 11/27/2017 |
| Suspension and Revocation Appeals Authority | 2585 - COULON | U N I T E D S T A T E S O F A M E R I C A
DEPARTMENT OF TRANSPORTATION
UNITED STATES COAST GUARD
UNITED STATES OF AMERICA
UNITED STATES COAST GUARD
vs.
License No. 601260
Issued to: JOHN F. COULON, Appellant.
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DECISION OF THE
VICE COMMANDANT
ON APPEAL
NO. 2585
This appeal is taken in accordance with 46 U.S.C. § 7702 and 46 C.F.R. § 5.701.
By order dated July 6, 1993, an Administrative Law Judge of the United States Coast Guard at
New Orleans, Louisiana, suspended Appellant’s license for three months, based upon finding
proved, a charge of negligence. The single specification supporting the charge alleged that, while
serving as Captain aboard the M/V EARLY BIRD on August 23, 1992, the Appellant negligently
moored to a Conoco oil and gas platform by failing to adhere to the posted sign indicating not to
tie up to the platform.
The hearing was held at New Orleans, Louisiana, on December 15, 1992, January 13, 1993, and
March 2, 1993. Appellant was represented at the hearing by professional counsel. At the hearing,
Appellant entered an answer of "deny" to the specification and the charge. The investigating
officer introduced four exhibits and the testimony of two witnesses into evidence. In defense, the
Appellant offered into evidence seven exhibits, the testimony of three witnesses and his own
testimony.
After the hearing, the Administrative Law Judge concluded that the charge and specification were
proved. He served a written order on Appellant suspending the captioned license, and all other
licenses issued to the Appellant by the Coast Guard for a period of three months. The entire
decision was served on July 6, 1993. Appeal was timely filed. | Appeal No. 2585 | Suspension and Revocation Appeals Authority | 7/21/1997 | 7/21/1997 | | 11/27/2017 |
| Suspension and Revocation Appeals Authority | 2586 - GREEN | U N I T E D S T A T E S O F A M E R I C A
DEPARTMENT OF TRANSPORTATION
UNITED STATES COAST GUARD
UNITED STATES OF AMERICA
UNITED STATES COAST GUARD
vs.
LICENSE NO. 625896
Issued to: Scott R. Green, Appellant
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DECISION OF THE
VICE COMMANDANT
ON APPEAL
NO. 2586
This appeal has been taken in accordance with 46 U.S.C. § 7702 and 46 C.F.R. § 5.701.
By order dated March 13, 1995, an Administrative Law Judge of the United States Coast Guard at
Jacksonville, Florida, suspended Appellants license for four months based upon finding proved a charge
of negligence. The single specification supporting the charge alleged that on or about September 23,
1993, Appellant failed to heed navigation information and negligently grounded his vessel and tow in
the Intracoastal Waterway (ICW), near North Miami, Florida.
The hearing was held at Miami, Florida, on May 24, 1994. Appellant was represented by professional
counsel and entered a response denying the charge and the specification. The hearing was continued on
September 2, 1994, and December 22, 1994.
During the hearings, the Coast Guard Investigating Officer introduced into evidence 17 exhibits and the
testimony of two witnesses. Appellant testified on his own behalf and offered 20 exhibits and the
testimony of four witnesses. The Administrative Law Judge entered five exhibits into the record.
At the end of the hearing on December 22, 1994, the Administrative Law Judge gave the parties the
opportunity to submit proposed findings of fact, conclusions of law, and closing arguments. The
submissions provided by each party were added to the record. On March 3, 1995, the Administrative
Law Judge informed both parties that he found the Coast Guards case proved and requested submission
of Appellants prior record from the Coast Guard and any evidence in mitigation from the Appellant. | Appeal No. 2586 | Suspension and Revocation Appeals Authority | 7/21/1997 | 7/21/1997 | | 11/27/2017 |
| Suspension and Revocation Appeals Authority | 2587 - Hudson | U N I T E D S T A T E S O F A M E R IC A
DEPARTMENT OF TRANSPORTATION
UNITED STATES COAST GUARD
UNITED STATES OF AMERICA
UNITED STATES COAST GUARD
vs.
LICENSE NO. 82831
Issued to Eric H. Hudson, Appellant
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DECISION OF THE
VICE COMMANDANT
ON APPEAL
NO. 2587
This appeal is taken in accordance with 46 U.S.C. § 7702 and 46 C.F.R. § 5.701.
By order dated February 22, 1995, an Administrative Law Judge of the United States Coast
Guard at St. Louis, Missouri, suspended Appellant’s license based upon finding proved two
specifications of violation of law or regulation. The first specification alleged that on June 12,
1993, while serving as operator of the M/V MISS KATE, Appellant failed to maintain a proper
lookout by all available means, in violation of 33 U.S.C. § 2005 (Rule 5 of the Inland Navigation
Rules). The second specification alleged that Appellant also failed to sound a danger signal in
violation of
33 U.S.C. § 2034 (Rule 34 of the Inland Navigation Rules). The Administrative Law Judge
dismissed one specification of negligence as vague, and likewise dismissed the charge. The
Administrative Law Judge also dismissed two other specifications of violation of law or
regulation upon finding them to be legally insufficient in accordance with 46 C.F.R. § 5.33.
The hearing was held and completed on November 17, 1993. Appellant, appearing pro se, entered
a response denying the charges and specifications. | Appeal No. 2587 | Suspension and Revocation Appeals Authority | 7/21/1997 | 7/21/1997 | | 11/27/2017 |
| Suspension and Revocation Appeals Authority | 2589 - MEYER | U N I T E D S T A T E S O F A M E R IC A
DEPARTMENT OF TRANSPORTATION
UNITED STATES COAST GUARD
UNITED STATES OF AMERICA
UNITED STATES COAST GUARD
vs.
LICENSE NO. 740972
AND
MERCHANT MARINER’S
DOCUMENT NO. [REDACTED]
Issued to Kenneth E. Meyer
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DECISION OF THE
COMMANDANT
ON APPEAL
NO. 2589
This appeal is taken in accordance with 46 U.S.C. § 7702 and 46 C.F.R. § 5.701.
By an order dated February 26, 1996, an Administrative Law Judge of the United States Coast
Guard at Norfolk, Virginia, revoked Appellant’s above-captioned license and Merchant Mariner’s
Document upon finding a charge of use of a dangerous drug proved. The single specification
supporting the charge alleged that Appellant was, as shown by a positive drug test, a user of
marijuana.
The hearing was held in Norfolk, Virginia, on February 13, 1996. Appellant appeared pro se and
entered a response denying the charge and specification. The Coast Guard Investigating Officer
introduced into evidence the testimony of four witnesses and nine exhibits. Appellant introduced
into evidence his own testimony. | Appeal No. 2589 | Suspension and Revocation Appeals Authority | 8/5/1997 | 8/5/1997 | | 11/27/2017 |
| Suspension and Revocation Appeals Authority | 2590 - LISTON | UNITED STATES OF AMERICA
DEPARTMENT OF TRANSPORTATION
UNITED STATES COAST GUARD
UNITED STATES OF AMERICA
UNITED STATES COAST GUARD
vs.
MERCHANT MARINER’S DOCUMENT
NO. Z (REDACTED
Issued to Michael L. Liston
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DECISION OF THE
COMMANDANT
ON APPEAL
NO. 2590
This appeal is taken in accordance with 46 U.S.C. § 7702 and 46 C.F.R. § 5.701.
By an order dated December 15, 1995, an Administrative Law Judge of the United States Coast
Guard at Jacksonville, Florida, revoked Appellant’s above captioned license, upon finding a
charge of use of a dangerous drug proved. The single specification supporting the charge alleged
that appellant was, as shown by a positive drug test, a user of marijuana.
The hearing was held in Tampa, Florida, on December 12, 1995. Appellant was represented by
counsel and entered a response denying the charge and specification. The Coast Guard
Investigating Officer introduced into evidence the testimony of three witnesses and seven
exhibits. Appellant introduced into evidence his own testimony and four exhibits.
The Administrative Law Judge’s Decision and Order (D&O) was served on Appellant on
December 18, 1995. Appellant received the transcript of the hearing on January 29, 1996.
Appellant filed a timely notice of appeal on January 16, 1996, and perfected it on March 29,
1996. | Appeal No. 2590 | Suspension and Revocation Appeals Authority | 8/5/1997 | 8/5/1997 | | 11/27/2017 |
| Suspension and Revocation Appeals Authority | 2580 - ADAMS | U N I T E D S T A T E S O F A M E R I C A
DEPARTMENT OF TRANSPORTATION
UNITED STATES COAST GUARD
UNITED STATES OF AMERICA
UNITED STATES COAST GUARD
vs.
MERCHANT MARINER'S LICENSE
NO. 729532
AND
MERCHANT MARINER'S DOCUMENT
NO. [REDACTED]
Issued to: ERVIN ADAMS, Appellant
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DECISION OF THE
VICE COMMANDANT
ON APPEAL
NO. 2580
This appeal is taken in accordance with 46 U.S.C. oe 7702 and 46 C.F.R. oe 5.701.
By an order dated September 28, 1994, an Administrative Law Judge of the United States Coast
Guard at Norfolk, Virginia suspended Appellant's license and merchant mariner's document for
six months, upon finding proved a charge of misconduct. Two specifications supporting the
misconduct charge were found proved. One specification alleged that appellant failed to perform
the required duties of a deck watch officer in leaving the ship's Global Positioning System (GPS)
receiver in the "locked" position instead of in the tracking mode. The other specification alleged
that appellant, after being re-instructed on the operation of the GPS, acted wrongfully and
responded to the master in such a belligerent, agitated and irrational manner as to require
relieving appellant of his watchstanding duties. One specification of misconduct was dismissed
during a hearing on July 6, 1994. Two other specifications under misconduct, and a charge of
incompetence and its supporting specification, were found not proved by the Administrative Law
Judge.
Hearings were held in Baltimore, MD, on April 20, 1994, and in Philadelphia, PA, on July 6,
1994. The Decision and Order with the findings noted above was served on appellant on September 13, 1994. Appellant filed a timely notice of appeal on | Appeal No. 2580 | Suspension and Revocation Appeals Authority | 11/27/1996 | 11/27/1996 | | 11/27/2017 |
| Suspension and Revocation Appeals Authority | 2581 - DRIGGERS | U N I T E D S T A T E S O F A M E R I C A
DEPARTMENT OF TRANSPORTATION
UNITED STATES COAST GUARD
UNITED STATES OF AMERICA
UNITED STATES COAST GUARD
vs.
LICENSE NO. 80607
Issued to: Bruce Driggers, Appellant
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DECISION OF THE
VICE COMMANDANT
ON APPEAL
NO. 2581
This appeal is taken in accordance with 46 U.S.C. 7702 and 46 C.F.R. 5.701.
By order dated February 17, 1995, an Administrative Law Judge of the United States Coast Guard at St.
Louis, Missouri, suspended Appellant's license based upon finding proved the charge of violation of law
or regulation. The single specification supporting the charge alleged that on June 12, 1993, while
serving as operator of the M/V MARGARET BRENT, Appellant failed to maintain a proper lookout by
all available means, in violation of 33 C.F.R. Part 81, Appendix A.
The hearing began on December 14, 1993, and was held for four consecutive days at Davenport, Iowa.
Appellant was represented by professional counsel and entered a response denying the charge and
specification.
The Coast Guard Investigating Officer introduced into evidence 19 exhibits and the testimony of eight
witnesses. In defense, Appellant offered into evidence 19 exhibits and the testimony of seven witnesses,
including himself. The Administrative Law Judge entered one exhibit into evidence. | Appeal No. 2581 | Suspension and Revocation Appeals Authority | 12/31/1996 | 12/31/1996 | | 11/27/2017 |
| Suspension and Revocation Appeals Authority | 2673 - MIKAN | UNITED STA TES OF AMERICA
DEPARTMENT OF HOMELAND SECURITY
UNITED STA TES COAST GUARD
UNITED ST A TES OF AMERICA
UNITED STA TES COAST GUARD
vs.
MERCHANT MARINER DOCUMENT
Issued to: MAUREEN ANN MIKAN
DECISION OF THE
VICE COMMANDANT
ON APPEAL
NO. 2 6 7 3
This appeal is taken in accordance with 46 USC§ 7701 et seq., 46 CFR Part 5,
and the procedures in 33 CFR Part 20.
By a Decision and Order (hereinafter "D&O") dated July 13, 2006, Judge
Anthony B. Canorro, an Administrative Law Judge (hereinafter "ALJ") of the United
States Coast Guard at Seattle, Washington, dismissed, without prejudice, the Coast
Guard's Complaint against Ms. Maureen Ann Mikan (hereinafter "Respondent") upon
determining that Respondent had voluntarily surrendered her merchant mariner document
on June 14, 2006.
PROCEDURAL HISTORY
On May 1, 2006, the Coast Guard issued a Complaint against, and sought
revocation of, Respondent's merchant mariner document alleging use of or addiction to
the use of dangerous drugs. [Complaint at 2, D&O at l] After an approved extension of
time in which to file her Answer, Respondent filed an Answer to the Complaint on June
19, 2006, wherein she admitted all jurisdictional allegations and agreed to the Coast
Guard's proposed order of revocation. (Answer at 1; D&O at 1] Thereafter, on June 14, | Appeal No. 2673 | Suspension and Revocation Appeals Authority | 1/28/2008 | 1/28/2008 | | 11/27/2017 |
| Suspension and Revocation Appeals Authority | 2674 - KOVALESKI | UNITED ST A TES OF AMERICA
DEPARTMENT OF HOMELAND SECURITY
UNITED STA TES COAST GUARD
UNITED STATES OF AMERICA
UNITED STATES COAST GUARD
vs.
MERCHANT MARINER LICENSE
Issued to: JASON WAYNE KOY ALESKI
DECISION OF THE
VICE COMMANDANT
ON APPEAL
NO. 26 7 4:
This appeal is taken in accordance with 46 USC§ 7701 et seq., 46 CFR Part 5,
and the procedures in 33 CFR Part 20.
By a Decision and Order (hereinafter "D&O") dated February 8, 2006, an
Administrative Law Judge (hereinafter "ALJ") of the United States Coast Guard at
Houston, Texas, revoked the merchant mariner license of Mr. Jason W. Kovaleski
(hereinafter "Respondent") upon finding proved a charge of conviction for a dangerous
drug law violation.
The specification found proved alleged that Respondent was convicted of
"Possession of Drug Paraphernalia" on August 13, 2002, by a Florida court.
PROCEDURAL HISTORY
On April 26, 2005, the Coast Guard issued a complaint against Respondent
alleging conviction of a dangerous drug law in that Respondent was convicted on August
13, 2002, in Panama City, Florida, of "Possession of Drug Paraphernalia." [Complaint at
2] On May 12, 2005, Respondent filed an Answer to the complaint on which he indicated | Appeal No. 2674 | Suspension and Revocation Appeals Authority | 1/28/2008 | 1/28/2008 | | 11/27/2017 |
| Suspension and Revocation Appeals Authority | 2675 - MILLS | UNITED STATES OF AMERICA
DEPARTMENT OF HOMELAND SECURITY
UNITED STATES COAST GUARD
UNITED STATES OF AMERICA
UNITED STA TES COAST GUARD
vs.
MERCHANT MARINER DOCUMENT
and
MERCHANT MARINER LICENSE
Issued to: HOW ARD C. MILLS
DECISION OF THE
VICE COMMANDANT
ON APPEAL
N0.26 7 5
This appeal is taken in accordance with 46 U.S.C. § 7701 et seq., 46 C.F.R. Part
5, and the procedures set forth in 33 C.F.R. Part 20.
By a Decision and Order (hereinafter "D&O") dated October 27, 2004, an
Administrative Law Judge (hereinafter "ALJ") of the United States Coast Guard
dismissed a Complaint against Mr. Howard C. Mills' (hereinafter "Respondent")
merchant mariner license and document upon finding the charges of violation of law or
regulation and misconduct not proved.
PROCEDURAL HISTORY
The Coast Guard filed its original Complaint against Respondent with the Coast
Guard ALJ Docketing Center on May 13, 2004. [D&O at 2] On June 7, 2004, the Coast
Guard filed an Amended Complaint (hereinafter "Complaint") which specifically
amended the factual allegations for the violation of law or regulation charge with the ALJ
Docketing Center. [Id.] Respondent's reply to the Complaint was received by the ALJ
Docketing Center on the same day. [Answer] In his Answer, although Respondent failed | Appeal No. 2675 | Suspension and Revocation Appeals Authority | 2/28/2008 | 2/28/2008 | | 11/27/2017 |
| Suspension and Revocation Appeals Authority | 2676 - PARKER | UNITED STATES OF AMERICA
DEPARTMENT OF HOMELAND SECURITY
UNITED STATES COAST GUARD
UNITED ST A TES OF AMERICA
UNITED ST ATES COAST GUARD
VS.
MERCHANT MARINER LICENSE &
MERCHANT MARINER DOCUMENT
Issued to: JOHN KENNETH PARKER
DECISION OF THE
VICE COMMANDANT
ON APPEAL
NO. 26 7 6
This appeal is taken in accordance with 46 U.S.C. § 7701 et seq., 46 C.F.R. Part 5,
and the procedures in 33 C.F.R. Part 20.
By an Order Denying Respondent's Motion to Set Aside Finding of Default
(hereinafter "D&O") dated November 8, 2005, Judge Walter J. Brudzinski, an
Administrative Law Judge (hereinafter "ALJ") of the United States Coast Guard at New
York, New York, upheld a previously issued Default Order suspending the merchant
mariner credentials of Mr. John Kenneth Parker (hereinafter "Respondent") for 12
months upon finding proved charges of negligence and violation of law or regulation.
The specifications found proved alleged that Respondent committed an act of
negligence and violated a law or regulation by violating a Safety and Security Zone while
serving as the master aboard the MN AURORA on March 4, 2005.
PROCEDURAL HISTORY
The instant case is the result of a Default Order issued by the ALJ. The
progression of the case is integral to a thorough understanding of the issue raised on
appeal. The case progressed as follows: | Appeal No. 2676 | Suspension and Revocation Appeals Authority | 2/28/2008 | 2/28/2008 | | 11/27/2017 |
| Suspension and Revocation Appeals Authority | 2677 - WALKER | UNITED STATES OF AMERICA
DEPARTMENT OF HOMELAND SECURITY
UNITED STATES COAST GUARD
UNITED STATES OF AMERICA : DECISION OF THE
UNITED STATES COAST GUARD :
: VICE COMMANDANT
vs. :
: ON APPEAL
:
MERCHANT MARINER DOCUMENT : NO: 2677
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Issued to: CHARLES EUGENE WALKER :
This appeal is taken in accordance with 46 U.S.C. § 7701 et seq., 46 C.F.R.
Part 5, and the procedures set forth in 33 C.F.R. Part 20.
By a Decision and Order (hereinafter “D&O”) dated January 30, 2007, the Chief
Administrative Law Judge (hereinafter “CALJ”) of the United States Coast Guard
granted the Coast Guard’s Motion for Default and ordered the suspension of the
Merchant Mariner Document of Mr. Charles Eugene Walker (hereinafter “Respondent”)
upon finding that Respondent failed to answer a Complaint properly filed by the Coast
Guard.
PROCEDURAL HISTORY
On November 1, 2006, the United States Coast Guard (hereinafter “Coast Guard”)
issued a Complaint against Respondent’s merchant mariner document alleging a single
specification of misconduct. [Complaint at 1] Pursuant to 46 U.S.C. § 7704(1)(b), the
Coast Guard sought the outright suspension of Respondent’s merchant mariner license
for a period of 15 days, followed by a probationary suspension period. [Id. at 2] The
Complaint and specification alleged that Respondent, while the holder of a merchant | Appeal No. 2677 | Suspension and Revocation Appeals Authority | 3/20/2008 | 3/20/2008 | | 11/27/2017 |
| Suspension and Revocation Appeals Authority | 2678 - SAVOIE | UNITED STATES OF AMERICA
DEPARTMENT OF HOMELAND SECURITY
UNITED STATES COAST GUARD
UNITED STATES OF AMERICA : DECISION OF THE
UNITED STATES COAST GUARD :
: VICE COMMANDANT
vs. :
: ON APPEAL
Merchant Mariner License :
and : NO.: 2678
Merchant Mariner Document :
:
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Issued to: WAYNE SAVOIE :
This appeal is taken in accordance with 46 USC § 7701 et seq., 46 CFR Part 5,
and the procedures in 33 CFR Part 20.
By a Decision and Order (hereinafter “D&O”) dated June 10, 2005, an
Administrative Law Judge (hereinafter “ALJ”) of the United States Coast Guard at New
Orleans, Louisiana, suspended the merchant mariner credentials of Mr. Wayne Savoie
(hereinafter “Respondent”) for a period of four months upon finding proved a charge of
conviction for a dangerous drug law violation. The Complaint alleged that on August
30, 2004, Respondent pleaded guilty to, and was convicted of, “Possession of Cocaine”
in a Louisiana court. | Appeal No. 2678 | Suspension and Revocation Appeals Authority | 3/20/2008 | 3/20/2008 | | 11/27/2017 |
| Suspension and Revocation Appeals Authority | 2679 - DRESSER | UNITED STATES OF AMERICA
DEPARTMENT OF HOMELAND SECURITY
UNITED STATES COAST GUARD
UNITED STATES OF AMERICA : DECISION OF THE
UNITED STATES COAST GUARD :
: VICE COMMANDANT
vs. :
: ON APPEAL
MERCHANT MARINER DOCUMENT :
and : No. 2679
MERCHANT MARINER LICENSE :
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Issued to: CHRISTOPHER J. DRESSER :
This appeal is taken in accordance with 46 U.S.C. § 7701 et seq., 46 C.F.R.
Part 5, and the procedures set forth in 33 C.F.R. Part 20.
By a Decision and Order (hereinafter “D&O”) dated June 14, 2005, an
Administrative Law Judge (hereinafter “ALJ”) of the United States Coast Guard at New
York, New York, revoked Respondent’s merchant mariner credentials upon finding
proved a charge of use of a dangerous drug. The single specification supporting the
charge alleged that on November 13, 1997, Respondent had marijuana metabolites
present in his body as was revealed through a pre-employment drug test.
PROCEDURAL HISTORY
The initial hearing was held in New Orleans, Louisiana on April 29, June 11, 12,
and 24, 1998, before The Honorable Archie R. Boggs, ALJ, now retired, who found the
charge proved. Respondent appealed the decision alleging several errors. In particular,
Respondent argued that the ALJ was disqualified because he had an ex parte | Appeal No. 2679 | Suspension and Revocation Appeals Authority | 4/2/2008 | 4/2/2008 | | 11/27/2017 |
| Suspension and Revocation Appeals Authority | 2680 - MCCARTHY | UNITED STATES OF AMERICA
DEPARTMENT OF HOMELAND SECURITY
UNITED STATES COAST GUARD
UNITED STATES OF AMERICA : DECISION OF THE
UNITED STATES COAST GUARD :
: VICE COMMANDANT
vs. :
: ON APPEAL
:
: NO. 2680
MERCHANT MARINER LICENSE :
:
:
Issued to: JOHN C. McCARTHY, III :
This appeal is taken in accordance with 46 U.S.C. § 7701-7705, 46 C.F.R. Part 5,
and the procedures in 33 C.F.R. Part 20.
By a bifurcated Decision and Order dated November 29, 2006 (hereinafter “D&O
I”), and December 28, 2006 (hereinafter “D&O II”), Judge Peter A. Fitzpatrick, an
Administrative Law Judge (hereinafter “ALJ”) of the United States Coast Guard at
Norfolk, Virginia, found that Mr. John C. McCarthy (hereinafter “Respondent”) had
committed acts of negligence and misconduct and ordered that Respondent’s merchant
mariner license be suspended, outright, for eight months followed by a suspension of
twelve months stayed on twelve months probation.
The specification supporting the negligence charge alleged that Respondent
operated the T/V CHARLESTON negligently by exceeding the minimum safe speed in
Savannah Harbor on March 14, 2006. The specification supporting the misconduct
charge alleged that Respondent violated 33 C.F.R. § 162.65(b)(3) by proceeding at a | Appeal No. 2680 | Suspension and Revocation Appeals Authority | 4/8/2008 | 4/8/2008 | | 11/27/2017 |
| Suspension and Revocation Appeals Authority | 2671 - BOUDREAUX | UNITED STA TES OF AMERICA
DEPARTMENT OF HOMELAND SECURITY
UNITED STATES COAST GUARD
UNITED STA TES OF AMERICA
UNITED STATES COAST GUARD
vs.
MERCHANT MARINER'S LICENSE
Issued to: ROY PAUL BOUDREAUX
DECISION OF THE
VICE COMMANDANT
ON APPEAL
N0:2 6 71
This appeal is taken in accordance with 46 U.S.C. § 7701 et seq., 46 C.F.R.
Part 5, and the procedures set forth in 33 C.F.R. Part 20.
By a Decision and Order (hereinafter "D&O") dated November 29, 2005, an
Administrative Law Judge (hereinafter "ALJ") of the United States Coast Guard
dismissed with prejudice a Complaint against Mr. Roy Paul Boudreaux's (hereinafter
"Respondent") merchant mariner license upon finding a single charge of misconduct not
proved consistent with 46 C.F.R. 5.567(a).
PROCEDURAL HISTORY
On December 20, 2004, the United States Coast Guard (hereinafter "Coast
Guard") issued a Complaint against Respondent's merchant mariner license alleging a
single specification of misconduct. [Complaint at 1) The Coast Guard sought to suspend
Respondent's merchant mariner license outright for a period of 12 months. [Id. at 2) The
specification alleged that while Respondent was acting under the authority of his Coast
Guard issued merchant mariner license, he failed to have a proper lookout on the tug and
tow UTV JOHN 3:16, which he was piloting in the Gulf lntracoastal Waterway, thereby | Appeal No. 2671 | Suspension and Revocation Appeals Authority | 10/27/2007 | 10/27/2007 | | 11/27/2017 |
| Suspension and Revocation Appeals Authority | 2672 - MARSHALL | UNITED STATES OF AMERICA
DEPARTMENT OF HOMELAND SECURITY
UNITED STATES COAST GUARD
UNITED ST A TES OF AMERICA
UNITED ST A TES COAST GUARD
vs.
MERCHANT MARINER LICENCSE
and
MERCHANT MARINER'S DOCUMENT
ISSUED TO: CLARENCE MARSHALL. Jr. :
DECISION OF THE
VICE COMMANDANT
ON APPEAL
No.26 7 2
This appeal is taken in accordance with 46 U.S.C. § 7701 et seq., 46 C.F.R.
Part 5, and the procedures set forth in 33 C.F.R. Part 20.
By a Decision and Order (hereinafter "D&O") dated October 28, 2004, Judge
Jeffie J. Massey, an Administrative Law Judge (hereinafter "ALJ") of the United States
Coast Guard at New Orleans, Louisiana, dismissed a Complaint against the merchant
mariner credentials of Mr. Clarence Marshall Jr. (hereinafter "Respondent") upon finding
not proved two charges of misconduct and one charge of violation of Law or regulation.
PROCEDURAL HISTORY
On June 24, 2004, the Coast Guard filed a Complaint against Respondent's
merchant mariner credentials alleging two acts of misconduct (refusal to submit to drug
and alcohol testing and consuming alcohol while acting under the authority of his mariner
credentials) and one act of violation of law or regulation (being under the influence of
alcohol while acting under the authority of his mariner credentials). (Complaint at 2]
The Complaint was properly served on Respondent via Certified Mail, Return Receipt, | Appeal No. 2672 | Suspension and Revocation Appeals Authority | 12/31/2007 | 12/31/2007 | | 11/27/2017 |
| Suspension and Revocation Appeals Authority | 2662 - VOORHEIS | This appeal is taken in accordance with 46 USC§ 7701 et seq., 46 CFR Part 5,
and the procedures in 33 CFR Part 20.
By a Decision and Order (hereinafter "D&O") dated July 8, 2005, an
Administrative Law Judge (hereinafter "ALJ") of the United States Coast Guard at
Baltimore, Maryland ordered the Coast Guard to return the merchant mariner document
of Mr. William Voorheis (hereinafter "Respondent") upon finding a charge of use of or
addiction to the use of dangerous drugs not proved.
The specification found not proved alleged that Respondent tested positive for
amphetamine as part of a periodic drug screening conducted on June 30, 2004. | Appeal No. 2662 | Suspension and Revocation Appeals Authority | 1/19/2007 | 1/19/2007 | | 11/28/2017 |
| Suspension and Revocation Appeals Authority | 2663 - LAW | This appeal is taken in accordance with 46 U.S.C. § 7701 el seq., 46 C.F.R. Part 5, and the procedures in 33 C.F.R. Part 20.
By a Decision and Order (hereinafter "D&O") dated July 8, 2005, an Administrative Law Judge (hereinafter "AU") of the United States Coast Guard at New Orleans, Louisiana, suspended the merchant mariner credentials issued to Mr. George L.
Law, Jr. (hereinafter "Respondent") for six months upon finding proved a charge of misconduct. The misconduct charge alleged that while performing official matters associated with his mariner credentials (applying for renewal of his merchant mariner
license, issuance of a duplicate merchant mariner document and issuance of an original Seafarer's Training, Certification and Watch keeping certificate), Respondent failed to disclose a criminal conviction in his application package in violation of 46 C.F.R. § 10.201 (h). Although the Coast Guard asserted that revocation was the mandatory sanction in cases involving fraud in the procurement of a mariner credential, the ALJ
imposed a sanction of six months suspension. | Appeal No. 2663 | Suspension and Revocation Appeals Authority | 8/6/2007 | 8/6/2007 | | 11/28/2017 |
| Suspension and Revocation Appeals Authority | 2664 - SHEA | This appeal is taken in accordance with 46 U.S.C. § 7701 et seq., 46 C.F.R.
Part 5, and the procedures set forth in 33 C.F.R. Part 20.
By a Decision and Order (hereinafter "D&O") dated January 25, 2005, an
Administrative Law Judge (hereinafter "ALJ") of the United States Coast Guard at
Honolulu, Hawaii, issued a decision revoking the merchant mariner credentials of
Mr. Patrick B. Shea, (hereinafter "Respondent") upon finding proved charges of both
misconduct and incompetence.
The first specification found proved alleged that Respondent committed
misconduct by abandoning his watch station, without a relief, while underway on the
SS EWA on December 18, 2003. The second specification found proved alleged that
Respondent was incompetent due to his suffering from bipolar disorder which caused him
to abandon his watch station on the SS EWA on December 18, 2003, and act in an
irrational manner, which resulted in Respondent being relieved of all duties and being
placed in restraints and confined to his quarters until the end of the vessel's voyage. | Appeal No. 2664 | Suspension and Revocation Appeals Authority | 8/7/2007 | 8/7/2007 | | 11/28/2017 |
| Suspension and Revocation Appeals Authority | 2665 - DUBROC | This appeal is taken in accordance with 46 USC§ 7701 et seq., 46 CFR Part 5,
and 33 CPR Part 20.
By a Revocation Order1 (hereinafter "Default Order") dated September 14, 2004,
an Administrative Law Judge (hereinafter "ALJ") of the United States Coast Guard at
Norfolk, Virginia, revoked the Merchant Mariner Document (hereinafter "MMD") of
Mr. Dieter P. Dubroc (hereinafter "Respondent'') upon a finding of default in a
proceeding that alleged, as the basis for revocation, use of or addiction to the use of
dangerous drugs. The Complaint alleged that on June 11, 2003, Respondent submitted to
a random drug test and provided a urine sample that tested positive for the presence of
cocaine metabolite. | Appeal No. 2665 | Suspension and Revocation Appeals Authority | 8/7/2007 | 8/7/2007 | | 11/28/2017 |
| Suspension and Revocation Appeals Authority | 2666 - SPENCE | This appeal is taken in accordance with 46 U.S.C. § 7701, et seq., 46 C.F.R. Part
5, and the procedures in 33 C.F.R. Part 20.
By a Decision and Order (hereinafter "D&O") dated July 6, 2004, an
Administrative Law Judge (hereinafter "ALJ") of the United States Coast Guard at
Norfolk, Virginia, revoked the license of Mr. Bruce Allen Spence (hereinafter
"Respondent") upon finding proved one charge of violation of law or regulation and two
charges of misconduct.
The violation of law or regulation charge was based on the Coast Guard's
allegation that Respondent, while serving as Master of the MN COMMANDER,
submitted to a random alcohol test that revealed that Respondent had a Blood Alcohol
Concentration (hereinafter "BAC") of .176%. The misconduct charges were based on
allegations that Respondent wrongfully refused to submit to both a confirmation blood
alcohol test and a random drug test. | Appeal No. 2666 | Suspension and Revocation Appeals Authority | 8/7/2007 | 8/7/2007 | | 11/28/2017 |
| Suspension and Revocation Appeals Authority | 2667 - THOMPSON | This appeal is taken in accordance with 46 USC§ 7701 et seq., 46 C.F.R. Part 5, and the
procedures in 33 C.F.R. Part 20.
By a Decision and Order (hereinafter "D&O") dated October 13, 2004, an Administrative
Law Judge (hereinafter "ALJ") of the United States Coast Guard at New Orleans, Louisiana,
dismissed a Complaint brought by Coast Guard Marine Safety Office Morgan City, Louisiana
(hereinafter "MSO Morgan City") against the merchant mariner license of Mr. Aubrey A.
Thompson, Jr., (hereinafter "Respondent") after finding not proved two charges: 1) that
Respondent was a user of or was addicted to the use of dangerous drugs and 2) that Respondent
committed an act of misconduct. | Appeal No. 2667 | Suspension and Revocation Appeals Authority | 8/10/2007 | 8/10/2007 | | 11/28/2017 |