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Suspension and Revocation Appeals Authority2681 - ROGERSUNITED 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. 2681Suspension and Revocation Appeals Authority4/30/20084/30/200811/27/2017
Suspension and Revocation Appeals Authority2680 - MCCARTHYUNITED 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 aAppeal No. 2680Suspension and Revocation Appeals Authority4/8/20084/8/200811/27/2017
Suspension and Revocation Appeals Authority2677 - WALKERUNITED 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 : : : 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 merchantAppeal No. 2677Suspension and Revocation Appeals Authority3/20/20083/20/200811/27/2017
Suspension and Revocation Appeals Authority2679 - DRESSERUNITED 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 : : : 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 parteAppeal No. 2679Suspension and Revocation Appeals Authority4/2/20084/2/200811/27/2017
Suspension and Revocation Appeals Authority2678 - SAVOIEUNITED 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 : : : 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. 2678Suspension and Revocation Appeals Authority3/20/20083/20/200811/27/2017
Suspension and Revocation Appeals Authority2675 - MILLSUNITED 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 failedAppeal No. 2675Suspension and Revocation Appeals Authority2/28/20082/28/200811/27/2017
Suspension and Revocation Appeals Authority2684 - SCARBOUGHUNITED 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. 2684Suspension and Revocation Appeals Authority12/6/200912/6/200911/27/2017
Suspension and Revocation Appeals Authority2690 - THOMASUNITED 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. 2690Suspension and Revocation Appeals Authority12/13/201012/13/201011/27/2017
Suspension and Revocation Appeals Authority2688 - HENSLEYUNITED 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. 2688Suspension and Revocation Appeals Authority6/14/20106/14/201011/27/2017
Suspension and Revocation Appeals Authority2683 - DESIMONEUNITED 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. 2683Suspension and Revocation Appeals Authority11/6/200911/6/200911/27/2017
Suspension and Revocation Appeals Authority2686 - SALAMONUNITED 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. 2686Suspension and Revocation Appeals Authority5/22/20105/22/201011/27/2017
Suspension and Revocation Appeals Authority2685 - MATTUNITED 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. 2685Suspension and Revocation Appeals Authority1/5/20101/5/201011/27/2017
Suspension and Revocation Appeals Authority2687 - HANSENUNITED 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. 2687Suspension and Revocation Appeals Authority6/8/20106/8/201011/27/2017
Suspension and Revocation Appeals Authority2590 - LISTONUNITED 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 : : : : : : : : 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. 2590Suspension and Revocation Appeals Authority8/5/19978/5/199711/27/2017
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