| Suspension and Revocation Appeals Authority | 2529 - WILLIAMS | This appeal has been taken in accordance with 46 U.S.C. 7702
and 46 C.F.R. 5.701.
By an order dated 7 November 1990, an Administrative Law Judge
of the United States Coast Guard at Seattle, Washington revoked
Appellant's License and Merchant Mariner's Document upon finding
proved the charge of use of dangerous drugs. The single
specification supporting the charge alleged that, on or about 8
February 1990, Appellant had marijuana metabolites present in his
body in the City of Seattle at, or in the vicinity of, Ballard
Hospital, as was revealed through a drug screening test.
The hearing was held at Seattle, Washington, on 10 August
1990. Appellant was represented by professional counsel.
Appellant entered a response of denying the charge and
specification as provided in 46 C.F.R. 5.527. The Investigating
Officer introduced three exhibits into evidence and two witnesses
testified at his request. One exhibit was introduced by the
Administrative Law Judge. Appellant introduced three exhibits into
evidence and four witnesses testified on his behalf. Appellant
also testified on his own behalf. The Administrative Law Judge's
final order revoking all licenses and documents issued to Appellant | Appeal No. 2529 | Suspension and Revocation Appeals Authority | 9/9/1991 | 9/9/1991 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2530 - GULLEY | This appeal has been taken in accordance with 46 U. S. C.
7702 and 46 C. F. R. 5.701.
By an order dated 8 January 1990, an Administrative Law Judge
of the United States Coast Guard at New York, New York revoked
Appellant's Merchant Mariner's Document upon finding proved the
charge of use of dangerous drugs. The single specification
supporting the charge alleged that, on or about 9 February 1990,
Appellant was tested and found to be a user of a dangerous drug, to
wit: cocaine.
The hearing was held at New York, New York on 30 October 1990.
The Investigating Officer introduced one exhibit into evidence and
introduced the testimony of one witness. Appellant appeared
prose and testified in his own behalf. Appellant entered
a response of "deny" to the charge and specification as provided in
46 C. F. R. 5.527.
The Administrative Law Judge's written order revoking
Appellant's Merchant Mariner's Document was entered on 8 January
1990 (It is noted that this is an administrative error. The date
should read "1991"). The decision and order was served on
Appellant on 17 January 1991. Appellant filed a notice of appeal
on 11 February 1991. Upon request, a transcript of the proceedings
was served on Appellant on 8 April 1991. Appellant submitted a
brief on 17 June 1991, having received an extension of the filing
deadline. Accordingly, this matter is properly before the Commandant for review. | Appeal No. 2530 | Suspension and Revocation Appeals Authority | 11/8/1991 | 11/8/1991 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2451 - PAULSEN | This appeal has been taken in accordance with 46 U.S.C. 7702
and 46 CFR 5.701.
By order dated 21 January 1985, an Administrative Law Judge of
the United States Coast Guard at Alameda, California revoked
Appellant's document upon finding proved the charges of Misconduct
and Use of Narcotics. The misconduct charge was supported by two
specifications. The first alleged that Appellant, while serving as
Fireman/Watertender aboard SS Constitutional, under authority of
the captioned document, did on or about 22 February 1984 while the
vessel was at sea enroute to Nawiliwili, Kauai, wrongfully use
narcotics, to wit: Cocaine. The second misconduct specification
alleged that while serving as in the same capacity at the same time
and place Appellant wrongfully distributed cocaine to a member of
the crew. The specification under the charge of Use of Narcotics
alleged that Appellant, while serving as Fireman/Watertender aboard
SS Constitution, being the holder of captioned document, was on or
about 22 Feb 1984 while the vessel was en route to Nawiliwili,
Kauai, a user of narcotics and did use certain narcotics, to wit:
cocaine.
The hearing was held at Honolulu, Hawaii, on 10, 22, 23, and
24 March 1984. The hearing in this case was consolidated with four
other cases arising from incidents aboard the Constitution. | Appeal No. 2451 | Suspension and Revocation Appeals Authority | 6/11/1987 | 6/11/1987 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2452 - MORGANDE | This appeal has been taken in accordance with 46 U.S.C. 7702
and 46 CFR 5.701.
By order dated 4 November 1986, as Administrative Law Judge of
the United States Coast Guard at Alameda, California suspended
Appellant's document for a period of 18 months, plus an additional
twelve months suspension on 24 months' probation upon finding
proved the charge of misconduct. The charge found proved was
supported by six specifications.
The first specification alleged that Appellant, while serving
as Able Bodied Seaman aboard S/S Mason LYKES, under authority of
the captioned document, did, on or about 1650, 6 June 1983 while
the vessel was in Apra Harbor, Guam, wrongfully disobey a lawful
command of the Third Mate, in that he refused to go to the bow as
directed. The second specification alleged that Appellant, while
serving in the same capacity on or about 1230, 9 July 1983, while
the vessel was at the Port of Oakland, California, wrongfully
assaulted and battered the Chief Mate, by poking Appellant's finger
into the Chief Mate's chest. The third specification alleged that
Appellant, while serving in the same capacity, on or about 1230 9
July 1983, while the vessel was at the Port of Oakland, California,
wrongfully assaulted and battered the Master by grabbing his arm.
The fourth specification alleged that Appellant, while serving in
the same capacity, on or about 9 July 1983, while the vessel was at
the Port of Oakland, California, wrongfully interfered with the
Master, in his official duty to protect a member of the crew, by refusing to obey the Master's order to leave the ship. The fifth
specification alleged that Appellant, while serving as Able Bodied
Seaman aboard S/S SANTA JUANA, under authority of the captioned
documents, on or about 1030, 17 August 1985 while the vessel was at
sea, wrongfully assaulted and battered a member of the crew by
striking him. | Appeal No. 2452 | Suspension and Revocation Appeals Authority | 6/24/1987 | 6/24/1987 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2453 - WEDGEWORTH | This appeal has been taken in accordance with 46 U.S.C. 7702
and 46 CFR Part 5, Subpart J.
By order dated 3 October 1986, an Administrative Law Judge of
the United States Coast Guard at St. Louis, Missouri, suspended
Appellant's license for four months remitted on twelve months
probation upon finding proved a charge of negligence. The
negligence charge was supported by a specification which alleged
that Appellant, while serving as operator on board the M/V TAMERA
PICKETT, under authority of the captioned document, on or about 26
August 1985, failed to maintain adequate control of said vessel and
tow resulting in an allision with the stationary DREDGE II at
approximately Mile 283 on the Arkansas River.
The hearing was held at Memphis, Tennessee, on 28 May 1986.
Appellant was represented by professional counsel at the
hearing, and denied the charge and specification.
The Investigating Officer introduced in evidence seven
exhibits and the testimony of three witnesses. In defense,
Appellant introduced in evidence four exhibits, his own testimony, | Appeal No. 2453 | Suspension and Revocation Appeals Authority | 6/22/1987 | 6/22/1987 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2454 - LYONS | This appeal has been taken in accordance with 46 U.S.C. 7702
and 46 CFR Part 5, Subpart J.
By order of 3 October 1986, an Administrative Law Judge of the
United States Coast Guard at St. Louis, Missouri, suspended
Appellant's license and merchant mariner's document outright for
one year, plus an additional three months remitted on eighteen
months probation, upon finding proved the charge of misconduct.
The specification found proved allege that Appellant did, under the
authority of the captioned license, while serving as pilot aboard
the M/V FEDERAL CALUMET, at or about 8:00 p.m. on 25 November 1985,
wrongfully direct the movement of the vessel in St. Louis Bay,
Superior, Wisconsin, while under the influence of an intoxicant.
The hearing was held at Duluth, Minnesota, on 21 May 1986.
Appellant was present at the hearing, and was represented by
professional counsel. He denied the charge and specification.
The Investigating Officer introduced in evidence the testimony
of three witnesses, and also introduced five exhibits. | Appeal No. 2454 | Suspension and Revocation Appeals Authority | 6/26/1987 | 6/26/1987 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2455 - WARDELL | This appeal has been taken in accordance with 46 U.S.C. 7702 and
46 CFR Part e, Subpart J.
By order of 5 March 1986, an Administrative Law Judge of the
United States Coast guard at Seattle, Washington, suspended
Appellant's license outright for three months upon finding proved the
charge of negligence. The specification found proved alleges that
Appellant did, under the authority of the captioned license, while
serving as pilot aboard the SS GREAT LAND, at or about 1:05 to 1:23
a.m. on 17 March 1985, during the vessel's approach on Cook Inlet and
Knik Arm to Terminal 3. Port of Anchorage City Dock, wrongfully fail
to properly navigate the vessel thereby causing an allision of the
vessel with Terminal 3. Port of Anchorage City Dock.
The hearing was held at Anchorage, Alaska, on 4,5,6, and 7
November 1985. Appellant was present at the hearing, and was
represented by professional counsel. He denied the charge and
specification.
The Investigating Officer introduced in evidence the testimony of
eight witnesses, and also introduced thirty-four exhibits. | Appeal No. 2455 | Suspension and Revocation Appeals Authority | 7/20/1987 | 7/20/1987 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2456 - BURKE | This appeal has been taken in accordance with 46 U.S.C. 7702
and 46 CFR P art 5, Subpart J.
By order of 7 October 1986, an Administrative Law Judge of the
United States Coast Guard at Norfolk, Virginia, suspended
Appellant's license and merchant mariner's document outright for
three months, plus six months remitted on probation for twelve
months, upon fining proved the charge of misconduct. The
specification found proved alleges that Appellant did, while acting
under the authority of the captioned documents, on or about 3 March
1986, at the Regional Examination Center, Boston, Massachusetts,
wrongfully submit an application for a raise of grade, form CG-866,
with invalid information on the sea service form, claiming ocean
service onboard the SS LAKE CHARLES when the vessel was in a
"lay-up " status.
The hearing was held at Norfolk, Virginia, on 7 October 1986.
Appellant was present at the hearing, and was represented by
professional counsel. He denied the charge and specification.
The Investigating Officer introduced in evidence the testimony
of five witnesses, and also introduced three exhibits. | Appeal No. 2456 | Suspension and Revocation Appeals Authority | 7/23/1987 | 7/23/1987 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2457 - YOUNG | This appeal has been taken in accordance with 46 U.S.C. 7702 and
46 CFR Part 5, Subpart J.
By order of 23 June 1986, and Administrative Law Judge of the
United States Coast Guard at New York, New York, suspended Appellant's
license and merchant mariner's document for four months, remitted on
twelve months probation, upon finding proved the charge of negligence.
The first specification found proved alleges that Appellant, under the
authority of the captioned license, while serving as operator aboard
the M/V MARJORIE B. MCALLISTER, on or about 15 November 1985, failed
safely to navigate the M/V MARJORIE B. MCALLISTER, its tow, the T/B
CIBRO SAVANNAH, and the assist tug M/V WALTON, within the Chelsea
River, Boston Harbor, Massachusetts, contributing to the allision of
the T/B CIBRO SAVANNAH with the fending system of the Chelsea Street
Bridge resulting in damage to the fending system. The second
specification found proved alleges that Appellant, while serving as
stated above, failed safely to navigate the M/V MAJORIE B. MCALLISTER,
contributing to the allision of the T/B CIBRO SAVANNAH with the moored
tug LEIGH ANN REINAUER.
Three other specifications alleging negligence were found not
proved. They alleged that Appellant failed safely to navigate the
flotilla described, contributing to the allision with and damage to
Chelsea River Lighted Buoy No. 2 by the tank barge and the assist tug,
that Appellant failed safely to navigate the assist tug, and that
Appellant failed safely to navigate the flotilla, contributing to the | Appeal No. 2457 | Suspension and Revocation Appeals Authority | 8/5/1987 | 8/5/1987 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2458 - GERMAN | This appeal has been taken in accordance with 46 U.S.C. 7702 and
46 CFR 5.701.
By order dated 12 March 1987, an Administrative Law Judge of the
United States Coast Guard at Charleston, South Carolina, revoked
Appellant's merchant mariner's document upon finding proved the charge
of misconduct. The charge was supported by two specifications, both
of which were found proved. The first specification alleged that at
or about 1515 on December 6, 1986, while serving aborad the USNS
SIRIUS, moored at the Naval Station, Norfolk, Virginia, the Appellant,
acting under the authority of the captioned document, wrongfully had
in his possession a dangerous drug, namely marijuana. The second
specification alleges that Appellant, at the same time and date and
while serving in the same capacity, wrongfully had in his possession
an alcoholic beverage, namely beer, in violation of a ship's standing
order.
The hearing was held at Charleston, South Carolina on 12 March
1987.
At the hearing Appellant represented himself and answered admit to the first specification and no contest to the second specification.
The Investigating Officer introduced in evidence six exhibits and
no witnesses were called to testify. | Appeal No. 2458 | Suspension and Revocation Appeals Authority | 10/14/1987 | 10/14/1987 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2459 - LORMAND | This appeal has been taken in accordance with 46 U.S.C. 7702 and
46 CFR 5.701.
By order dated 13 November 1985, an Administrative Law Judge of
the United States Coast Guard at New Orleans, Louisiana, revoked
Appellant's license and Merchant Mariner's Document upon finding
proved the charge of conviction for narcotic drug law violation. The
specification found proved alleges that, being the holder of the
captioned license and document, on or about 27 June 1983, Appellant
was convicted by the 16th Judicial District Court of St. Martin's
Parish, Louisiana for attempted possession of marijuana, barbiturates,
and cocaine with intent to distribute, in violation of the Revised
Statutes of Louisiana.
The hearing was held at New Orleans, Louisiana, on 5 and 13
November 1985.
Appellant appeared at the hearing without counsel and admitted
that he had been convicted as set forth in the specification in issue. | Appeal No. 2459 | Suspension and Revocation Appeals Authority | 10/19/1987 | 10/19/1987 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2460 - REED | This appeal has been taken in accordance with 46 U.S.C. 7702 and
46 CFR Part 5, Subpart J.
By order of 24 November 1986, an Administrative Law Judge of the
United States Coast Guard at Alameda, California, revoked Appellant's
merchant mariner's document upon finding him incompetent to serve on
board merchant vessels of the United States.
the incompetence charge is supported by three specifications
which allege that Appellant, while serving under the authority of his
Merchant Mariner's document as an Able-bodied Seaman aboard the SS
PRESIDENT FILLMORE, while the ship was at sea, did:
(1) At or about 1300 hours, 8 June 1986, fail to obey an order, to
wit: After specifically being told not to use water about any
electrical equipment, he washed down the anchor windlass hydraulic
unit and associated electrical equipment with salt water;
(2) Between the hours of 0000 and 0400 on 19 March 1986, improperly
disrupt engine room operations, to wit: he was observed to be talking | Appeal No. 2460 | Suspension and Revocation Appeals Authority | 11/5/1987 | 11/5/1987 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2461 - KITTRELL | This appeal has been taken in accordance with 46 U.S.C. SS7702
and 46 CFR SS5.701.
By order dated 22 January 1987, an Administrative Law Judge of
the United States Coast Guard at St. Louis, Missouri admonished
Appellant upon finding proved the charge of Violation of Regulation.
The charge was initially supported by three specifications. However,
the Administrative Law Judge found one specification involving 46 CRF
SS35.35-1(c) not proved and dismissed this count.
One specification found proved alleged that Appellant, serving as
person-in-charge aboard Tank Barge T-7953, under the authority of his
merchant mariner's document, on or about 25 April 1986, while
transferring oil to Tank Barge T-7953 from Packer River Terminal at
Mile 857.0, Upper Mississippi River, wrongfully absented himself from
the barge in violation of 33 CFR 156.120(s).
The remaining specification found proved alleged that Appellant,
serving as person-in-charge aboard Tank Barge T-7953, under the
authority of his merchant mariner's document, on or about 25 April
1986, while transferring oil to Tank Barge T-7953 from Packer River
Terminal at Mile 857.0, Upper Mississippi River, wrongfully failed to
provide a flame screen or proper supervision for the open No. One
ullage hole in violation of 46 CFR 35.30-10. | Appeal No. 2461 | Suspension and Revocation Appeals Authority | 12/7/1987 | 12/7/1987 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2462 - ARMSTEAD | This appeal has been taken in accordance with 46 U.S.C. SS7702
and 46 CFR SS5.701.
By order dated 12 June 1987, an Administrative Law Judge of the
United States Coast Guard at New Orleans, Louisiana, revoked
Appellant's Merchant Mariner's Document upon finding proved the charge
of conviction for a narcotic drug law violation. The charge was
supported by two specifications. The specifications found proved
alleged that Appellant, being the holder of the captioned document, on
or about 7 July 1982 and 18 November 1982, respectively, was convicted
by the Criminal District Court for teh Parish of Orleans, State of
Louisiana for possession of marijuana in violation of the Revised
Statutes of Louisiana.
The hearing wsa held at New Orleans, Louisiana, on 18 March, 29
April, and 9 June 1987.
Appellant appeared at the hearing with counsel, Harry Cantrell,
Jr., Esq. Appellant entered an answer of no contest to the charge and
specifications in accordance with 46 CFR SS5.527(a). | Appeal No. 2462 | Suspension and Revocation Appeals Authority | | | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2464 - FUTCHER | This appeal has been taken in accordance with 46 CFR Part 5,
Subpart J. 46 CFR SS5.701.
By order dated 24 March 1986, an Administrative Law Judge of the
United States Coast Guard at New York, New York, revoked Appellant's
license and merchant mariner's document upon finding proved a charge
of misconduct. The charge was supported by four specifications which
alleged that Appellant, while serving as Pilot/Mate on board the M/V
CAPE MAY, on or about 31 July 1985 wrongfully fraternized with a 14-
year-old female passenger, wrongfully engaged in undue familiarity
with a 14-year-old female passenger, wrongfully engaged in sexual
intercourse with a 14-year-old female passenger, and wrongfully failed
to exclude a 14-year-old female passenger from the pilot house and
bridge of the vessel, as prohibited by 46 CFR 78.10-1.
The hearing was held at Philadelphia, Pennsylvania, on 11
December 1985, 5 February 1986 and 18 February 1986. | Appeal No. 2464 | Suspension and Revocation Appeals Authority | | | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2465 - O'CONNELL | This appeal has been taken in accordance with 46 U.S.C. SS7702
and 46 CFR Part 5, Subpart J.
By order of 11 February 1987, an Administrative Law Judge of the
United States Coast Guard at Tampa, Florida, suspended Appellant's
license outright for four months, plus nine months remitted on twelve
months probation, upon finding proved the charge of negligence. He
also suspended Appellant's license outright for an additional two
months for violating a previous order of suspension on probation. The
specification found proved alleges that Appellant did, while serving
as pilot aboard the M/V SEAFARER under the authority of the captioned
license, on or about 19 August 1985, while the vessel was assisting
the T/B OCEAN 255 inbound in Tampa Bay, fail to perform his duty to
direct and control the vessel as required, in that he failed
adequately or prudently to navigate the vessel resulting in the
grounding of the tank barge OCEAN 255 in the vicinity of Buoy 11J,
Tampa Bay, Florida. | Appeal No. 2465 | Suspension and Revocation Appeals Authority | 5/10/1988 | 5/10/1988 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2466 - SMITH | This appeal has been taken in accordance with 46 U.S.C. 7702 and
46 CFR 5.701.
By order dated 3 November 1987, an Administrative Law Judge of
the United States Coast Guard at St. Louis, Missouri, suspended
Appellant's license for two months' probation upon finding proved the
charge of negligence and misconduct. The single specification
supporting the negligence charge found proved alleges that on or about
13 August 1987, Appellant, while serving as operator aboard the M/V M.
T. SCHEU, under the authority of the captioned license, at
approximately Mile 198.1, Arkansas River, negligently allowed an
unlicensed individual to operate an uninspected towing vessel and
assume direct control of the operation of that vessel. The single
specification supporting the misconduct charge found proved alleges
that on or about 13 August 1987, Appellant did , while serving as
operator aboard the M/V M.T. SCHEU, under the authority of the
captioned license, at approximately Mile 198.1, Arkansas River,
wrongfully permit said vessel to be operated in violation of the
manning requirements of 46 U.S.C. 8904. | Appeal No. 2466 | Suspension and Revocation Appeals Authority | 6/28/1988 | 6/28/1988 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2467 - TOMBARI | This request for issuance of a temporary license has been
accepted and reviewed in accordance with 46 U.S.C. SS7701 and 46
CFR SS5.701.
By order dated 4 November 1987, an Administrative Law Judge
of the United States Coast Guard at New York, New York, suspended
outright Appellant's license for twelve months and for a further
twelve months on probation upon finding proved a charge of
negligence. The negligence charge was supported by a single
specification which alleged that Appellant, while serving as
Chief Engineer aboard the R/V ENDEAVOR on or about 11 August
1986, negligently failed to ensure that safety precautions, such
as (1) that the connections were in fact completed at the
connection box aboard the vessel; (2) that shore power was
available as indicated at the distribution panel; (3) that the
connections at the shore side connection box were properly
completed; (4) that communications between the [Appellant] and
his subordinates verified that the ship was ready to receive
shore power; (5) that the subordinate engineers aboard the vessel
were aware that the evolution was about to take place; the
evolution specifically being the shifting of ship's power to shore power, were taken prior to directing the shifting of the
electrical load from the ship's power to shore power, which
resulted in the death of Miss Alison Rollins, who was serving as
an engineer aboard the R/V ENDEAVOR on the day in question. | Appeal No. 2467 | Suspension and Revocation Appeals Authority | 7/12/1988 | 7/12/1988 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2468 - LEWIN | This appeal has been taken in accordance with 46 U.S.C. 7702 and
46 CFR 5.701.
By order dated 30 June 1987, an Administrative Law Judge of the
United States Coast Guard at Seattle, Washington, suspended outright
Appellant's Merchant Mariner's License with endorsements for a period
of two months upon finding proved a Charge of Misconduct, supported by
four specifications and a Charge of Negligence, supported by one
specification.
The first specification found proved under the Charge of
Misconduct alleged that Appellant, while acting under the authority of
the captioned license as pilot aboard the T/V CHEVRON COLORADO, on or
about 14 August 1986, while said vessel was underway on the Columbia
River, wrongfully failed to comply with 33 U.S.C. 2006, Inland
Navigation Rule 6, by failing to travel at a moderated speed in fog
and restricted visibility, contributing to the collision with the
barge T/B FOSS 121.
The second specification found proved under the Charge of
Misconduct alleged that Appellant, while acting under the authority of
the captioned license a pilot aboard the T/V CHEVRON COLORADO, on or
about 14 August 1986, while said vessel was underway on the Columbia
River, wrongfully failed to comply with 33 U.S.C. 2007, Inland
Navigation Rule 7, by failing to properly determine the risk of
collision between the T/V CHEVRON COLORADO and the barge T/B FOSS
121, contributing to the collision of these vessels. | Appeal No. 2468 | Suspension and Revocation Appeals Authority | 7/12/1988 | 7/12/1988 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2469 - VETTER | This request for issuance of a temporary license has been
accepted and reviewed in accordance with 46 U.S.C. 7701 and 46 CFR
5.707.
By order dated 22 March 1988, an Administrative Law Judge of
the United States Coast Guard at Long Beach, California, revoked
Appellant's license and document upon finding proved a charge of
misconduct. The misconduct charge was supported by four
specifications which alleged that Appellant, while serving as Third
Assistant Engineer aboard the S/S OVERSEAS CHICAGO on or about 3
February 1988, (1) wrongfully returned from shore leave
approximately one half hour prior to his scheduled watch in an
intoxicated condition; (2) wrongfully assaulted and battered the
Master, Cecil Smith by striking him with his fist and kicking him;
(3) wrongfully created a disturbance by using foul and abusive
language toward the Master, Cecil Smith; and (4) wrongfully
assaulted and battered the Chief Mate, William Miller by kicking
him.
On 20 April 1988, Appellant filed a notice of appeal and
requested that the Order of the Administrative Law Judge be stayed
pending appeal or that a temporary license pending appeal be
issued. On 21 April 1988, the Administrative Law Judge denied
Appellant's request for a temporary license. On 23 May 1988,
Appellant filed a notice of appeal from the denial of his request
for a stay in this matter or the issuance of a temporary license.
Appellant has not filed a brief in support of his notice of appeal. | Appeal No. 2469 | Suspension and Revocation Appeals Authority | 8/2/1988 | 8/2/1988 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2470 - GIACHETTI | This appeal has been taken in accordance with 46 U.S.C. SS7702
and 46 CFR Part 5, Subpart J.
By order of 13 November 1985, an Administrative Law Judge of the
United States Coast Guard at New York, New York, revoked Appellant's
license and merchant mariner's document, upon finding proved the
charge of misconduct. The specifications found proved allege that
Appellant did, while serving as master aboard the SS MORMACSTAR, under
the authority of the captioned documents, on or about 9 October 1984,
fail to obey the orders of the Military Sealift Command Preparedness
Group One to get the vessel underway for convoy exercises and a
surveillance run; and that Appellant did, while serving as stated, on
the same date, commit an act of barratry by instituting an illegal job
action by wrongfully refusing to sail the vessel as ordered by its
owner and the Department of the Navy, thereby causing the vessel to be
placed off hire from its charter, an act which was to the injury of
the owner.
The hearing was held at Philadelphia, Pennsylvania, on 21 May and
12 June 1985. Appellant was present at the hearing, and was
represented by professional counsel. He denied the charge and
specifications. | Appeal No. 2470 | Suspension and Revocation Appeals Authority | 8/23/1988 | 8/23/1988 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2471 - BARTLETT | This appeal has been taken in accordance with 46 U.S.C.
SS7702 and 46 CFR SS5.701.
By his order dated 16 June 1987, an Administrative Law Judge
of the United States Coast Guard at Los Angeles/Long Beach,
California, revoked Appellant's License and Document upon finding
proved the charge of misconduct. The three specifications
thereunder found proved allege that Appellant, while serving
under the authority ofthe captioned document and license, on bard
the SS PRESIDENT F.D. ROOSEVELT: (1) on 11 August 1986,
wrongfully had in his possession Valium (Diazepam); (2) on 11
August 1986, wrongfully attempted to enter the room of a
crewmember; and (3) on 18 August 1986, wrongfully falsified a
government document by giving false information regarding his
prior record when seeking to upgrade his license.
The hearing was held at Long Beach, California on 16
December 1986, 8 and 29 January 1987, and on 18 February 1987.
At the hearing, Appellant was represented by professional counsel
and entered an answer of deny to the charge and specifications. | Appeal No. 2471 | Suspension and Revocation Appeals Authority | 10/6/1988 | 10/6/1988 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2472 - GARDNER | This appeal has been taken in accordance with 46 U.S.C. #7702 and
46 CFR #5.701.
By order dated on 28 September 1987, an Administrarive Law Judge
of the United States Coast Guard at Houston, Texas, suspended,
on six months probation, Appellant's Merchant Mariner's License and
Document for a period of one month upon finding proved a Charge
of Misconduct, supported by one specification.
The specification found proved under the Charge of Misconduct
alleged that Appellant, while serving as Master aboard the ferry
CONE JOHNSON, under the authority of the captioned license and
document, did, at or about 2:49 PM local time on 21 June 1987.
while overtaking a sailing vessel on Galveston Bay, a navigable
waterway of the United States, fail to keep out of the way of
the overtaken vessel as required by Rule 13 of the Inland Navigation
Rules, to wit: the ferry CONE JOHNSON's passage did cause the
operator of the sailing vessel to lose control of his vessel. | Appeal No. 2472 | Suspension and Revocation Appeals Authority | 8/6/1987 | 8/6/1987 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2473 - MARTUCCI | This appeal has been taken in accordance with 46 U.S.C. 7702 and
46 CFR 5.701.
By his order dated 23 December 1987, an Administrative Law Judge
of the United States Coast Guard at Houston, Texas, revoked
Appellant's Document upon finding proved the charge of misconduct.
The specification thereunder found proved alleged that Appellant,
while serving under the authority of the captioned document, on board
the USNS CAPELLA, did wrongfully have in his possession certain
narcotics, to wit: hashish. The charge was brought by the Government
under the provisions of 46 U.S.C. 7704.
The hearing was held at Port Arthur, Texas on 19 October 1987.
On 18 October 1987, Appellant had requested a change of venue to
Hawaii, where he was residing, however, that request was denied,
hearing on 19 October 1987 was held without the presence of the
Appellant and under the in absentia provisions of 46 C.F.R. 5.515.
In accordance with 46 C.F.R. 5.527 the Administrative Law Judge
entered an answer of deny on behalf of the Appellant to the charge and
specification. | Appeal No. 2473 | Suspension and Revocation Appeals Authority | 11/7/1988 | 11/7/1988 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2474 - CARMIENKE | This appeal has been taken in accordance with 46 U.S.C. SS7702
and 46 CFR SS5.701.
By order dated 4 September 1987, an Administrative Law Judge of
the United States Coast Guard at Houston, Texas, suspended outright
Appellant's Merchant Mariner's License and Document for one month, and
further suspended them for an additional two months under probationary
terms for six months following the termination of the outright
suspension. This order was issued upon finding proved a charge of
misconduct and a charge of negligence. Each charge was supported by
one specification. The misconduct charge was initially supported by
two specifications. The first specification was withdrawn at the
hearing. The misconduct charge and specification found proved that
Appellant, while serving as the operator of the tug ORION, under the
authority of the captioned license and document, on or about 27
February 1987, failed to maintain a proper lookout by sight and
hearing as required by Rule 5 of the International Regulations for
Preventing Collisions at Sea, 1972 (COLREGS '72), 33 U.S.C. foll.
1602, which contributed to the collision of the barge USL-501, while
under the tow of the tug ORION, with the M/V UNITED PEACE in the Gulf
of Mexico in the vicinity of the Sabine Pass Sea Buoy. The negligence
charge and specification found proved that Appellant, while acting as
the operator on board the tug ORION, under the authority of the
captioned license and document, on or about 27 February 1987, failed
to take early and substantial action to avoid a collision with the M/V
UNITED PEACE, as required by Rule 8(a) and 8(c) of the International
Regulations for Preventing Collisions at Sea, 1972 (COLREGS '72), 33
U.S.C. foll. 1602. | Appeal No. 2474 | Suspension and Revocation Appeals Authority | 11/10/1988 | 11/10/1988 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2475 - BOURDO | This appeal has been taken in accordance with 46 U.S.C. 7702 and
46 CFR 5.701.
By order dated 4 November 1987, an Administrative Law Judge of
the United States Coast Guard at Norfolk, Virginia, suspended
Appellant's Merchant Mariner's Licenses for a period of seventeen
months. The licenses were suspended outright for the first five
months of this suspension period. Appellant would serve the following
twelve months of the suspension on probation provided that no charge
under 46 U.S.C. 7703 or 7704, or any other navigation or vessel
inspection law, was proved of outright suspension or acts committed
within twelve months form the date of termination of the foregoing
outright suspension. This order was issued upon finding proved the
charges of misconduct and violation of regulation. Each charge was
supported by thirty-one specifications. A charge of negligence
supported by nine specifications was withdrawn by the Investigating
Officer prior to Appellant's answer being entered. | Appeal No. 2475 | Suspension and Revocation Appeals Authority | 11/7/1988 | 11/7/1988 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2476 - BLAKE | This appeal has been taken in accordance with 46 U.S.C. 7702 and 46
CFR 5.701.
By order dated 16 December 1987, an Administrative Law Judge of the
United States coast Guard at Alameda, California, revoked Appellant's
Merchant Mariner's Document. This order was issued upon finding proved
a charge of misconduct supported by a single specification. The
specification found proved that Appellant, while serving as an Able-
Bodied Seaman aboard the G/T CHEVRON OREGON, under the authority of the
captioned document, did, on or about 26 December 1986, while said vessel
was at the loading/unloading facility offshore of El Segundo,
California, wrongfully have in his possession certain narcotic drugs, to
wit, marijuana.
The hearing was held at Alameda, California, on 22 July 1987. The
Appellant was represented by professional counsel at the hearing and
entered an answer of deny to the charge and specification. The
Investigating Officer introduced a total of six exhibits which were
admitted into evidence, and called three witnesses, two of whom
testified in person, and one who testified via a conference telephone
connection from Long Beach Coast Guard Marine Safety Office. Appellant
introduced no evidence and called no witnesses on his own behalf. The
Decision and Order was served on Appellant on 18 December 1987. A
notice of appeal was received by the Administrative Law Judge on 13
January 1988. | Appeal No. 2476 | Suspension and Revocation Appeals Authority | 11/30/1988 | 11/30/1988 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2477 - TOMBARI | This appeal has been taken in accordance with 46 U.S.C. 7702
and 46 C.F.R. 5.701.
By his order dated 14 December 1987, an Administrative Law
Judge of the United States Coast Guard at New York, New York,
suspended Appellant's License for twelve months plus on additional
twelve months remitted on twelve months probation upon finding
proved the charge of negligence. The specification thereunder
found proved alleged that Appellant, while serving in the capacity
of Chief Engineer under the authority of the captioned license, on
board the R/V ENDEAVOR, did fail to insure that certain safety
precautions were taken regarding the shifting of the electrical
load from ship's power to shore power, resulting in the death of an
Assistant Engineering Officer on or about 11 August, 1986. The
hearing was held at Providence, Rhode Island on 9, 10 and 11
December 1986, and on 30 September 1987. To clarify any confusion
regarding this case, it must be noted that the Administrative Law
Judge who initially presided over the hearings in December, 1986,
died on 14 August 1987. Before his death, he had completed his
findings and conclusion of law, but had not rendered a final
Decision and Order. The case was reassigned to another
Administrative Law Judge on 1 September 1987, who subsequently
completed the hearing on 30 September 1987, and issued the final Decision and Order on 4 November 1987. | Appeal No. 2477 | Suspension and Revocation Appeals Authority | 12/28/1988 | 12/28/1988 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2478 - DUPRE | This appeal has been taken in accordance with 46 U.S.C. SS7702
and 46 CFR SS5.701.
By his order dated 30 September 1987, an Administrative Law Judge
of the United States Coast Guard at Houston, Texas, suspended
Appellant's Merchant Mariner's license and document for a period of
one month upon finding proved the charges of negligence, misconduct,
and violation of law. The specification supporting the charge of
negligence alleged that Appellant, while serving under the authority
of his above-captioned license and document, aboard the towing vessel
ADMIRAL LEE, did, on 15 February 1987, tow the unmanned freight barge
CMS-754 in an unsafe and hazardous manner, to wit: operating with a
load in excess of the vessel's stability letter. The specification
supporting the charge of misconduct alleged that Appellant, acting
under the authority of his license and document aboard the ADMIRAL
LEE, on 15 February 1987, failed to insure that the CMS-754 was loaded
in compliance with the vessel's stability letter issued by the U.S.
Coast Guard. The specification supporting the charge of violation of
law alleged that Appellant, under the authority of his license and
document, violated 46 U.S.C. SS2302, however, the Coast Guard withdrew
this charge and its specification at the commencement of the hearing.
The hearing was held at Houston, Texas on 5 August 1987. The
Appellant was represented by professional counsel and entered an
answer of denial to the charges and specifications. | Appeal No. 2478 | Suspension and Revocation Appeals Authority | 2/4/1988 | 2/4/1988 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2479 - BRANCH | This appeal has been taken in accordance with 46 U.S.C. SS7702
and 46 CFR SS5.701.
By order dated 8 February 1988, an Administrative Law Judge of
the United States Coast Guard at New Orleans, Louisiana, suspended
Appellant's Merchant Mariner's License for three months remitted on
conditions of probation for twelve months. This order was issued upon
finding proved a charge of negligence supported by a single
specification. The specification found proved that Appellant, while
serving as a towboat operator aboard the M/V BILL FROREICH, under the
authority of the captioned license, did, on or about 5 October 1987,
negligently navigate said vessel by failing to arrange a proper
meeting situation with the M/V JANET DICHARRY, thereby contributing to
a collision in the vicinity of mile marker 179 on the Gulf
Intracoastal Waterway.
The hearing was held at New Orleans, Louisiana on 20 January
1988. Appellant appeared at the hearing with counsel, and entered, in
accordance with 46 CFR SS5.527(a), an answer of deny to the charge of
negligence and the supporting specification.
The Investigating Officer introduced in evidence five exhibits
and called three witnesses.
Following the conclusion of the Coast Guard's case, Appellant
moved to dismiss the charge and specification for failure of proof.
The Administrative Law Judge took the motion under advisement, and
Appellant elected not to present any evidence or call any witnesses in
his own behalf.
After the hearing the Administrative Law Judge rendered a
decision in which he concluded that the charge and specification had
been found proved, and entered a written order suspending all licenses
and/or documents issued to Appellant as specified above. | Appeal No. 2479 | Suspension and Revocation Appeals Authority | 1/5/1989 | 1/5/1989 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2480 - LETT | This appeal has been taken in accordance with 46 U.S.C. SS7702
and 46 CFR SS5.701.
By order dated 17b February 1988, an Administrative Law Judge of
the United States Coast Guard at Seattle, Washington, admonished
Appellant. This order was issued upon finding proved a charge of
Violation of Law supported by two specifications. The first
specification found proved that Appellant, while serving as Master of
the M/V ALASKAN HERO, under the authority of the captioned license,
did, from on or about 27 July 1987 through 24 September 1987, operate
said vessel on the high seas while engaging or employing an unlicensed
individual to serve as mate in violation of 46 U.S.C. SS8304. The
second specification found proved that Appellant, while serving as
Master of the M/V ALASKAN HERO, under the authority of the captioned
license, did, from on or about 27 July 1987 through 24 September 1987,
on the high seas, allow a non- U.S. citizen to serve as an officer in
charge of a deck watch on a documented vessel in violation of 46
U.S.C. SS8103. | Appeal No. 2480 | Suspension and Revocation Appeals Authority | 1/21/1989 | 1/21/1989 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2481 - CROWLEY | This appeal has been taken in accordance with 46 U.S.C. 7702 and
46 CFR 5.701.
By order dated 8 December 1987, an Administrative Law Judge of
the United States Coast Guard at New York, New York, suspended
outright Appellant's Merchant Mariner's Document for five months.
This order was issued upon finding proved a charge of violation of
law, supported by one specification. The charge and specification
found proved that Appellant did serve as deckhand on board the tug
MORIA MORAN, under the authority of the captioned document, on or
about 12 February 1987 to on or about 18 February 1987, after
surrounding the captioned document on 18 January 1987 to the U.S.
Coast Guard in compliance with the Decision and Order issued by the
Administrative Law Judge at New York on 14 January 1987 and prior to
the document's return in violation of 46 U.S.C. 8701(b).
The hearing was held at New York, New York, on 1 May 1987.
Appellant appeared at the hearing and was represented by non-lawyer
counsel. Appellant entered, in accordance with 46 CFR 5.527(a), an
answer of no contest to the charge and specification.
The Investigating Officer introduced one exhibit into evidence
and called no witnesses.
Appellant introduced no exhibits into evidence and called no
witnesses. Appellant did not testify under oath, however, he did make
unsworn, mitigating statements in his own behalf. | Appeal No. 2481 | Suspension and Revocation Appeals Authority | 2/7/1989 | 2/7/1989 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2482 - WATSON | This appeal has been taken in accordance with 46 U.S.C. SS7702
and 46 CFR SS5.701.
By her order dated 11 July 1986, an Administrative Law Judge of
the United States Coast Guard at St. Louis, Missouri suspended
Appellant's License for four months plus an additional four months
remitted on twelve months probation upon finding proved the charge of
misconduct. This case was remanded to the Administrative Law Judge by
the Vice-Commandant in Appeal Decision 2446 (WATSON) on 19 March
1987 in order to rule on proposed findings of fact and conclusions of
law. Consistent with the remand, the Administrative Law Judge
subsequently issued rulings on the proposed findings of fact and
conclusions of law on 1 April 1987. On 12 April 1988, the
Administrative Law Judge reinstated the original decision and order of
11 July 1986, incorporating by reference the Rulings on the proposed
findings of fact and conclusions of law. | Appeal No. 2482 | Suspension and Revocation Appeals Authority | 2/24/1989 | 2/24/1989 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2483 - TOMBARI | This application for an award of fees and expenses under the
Equal Access to Justice Act has been received and reviewed in
accordance with 5 U.S.C. 504 and 49 CFR Part 6.
On 29 January 1988, Appellant requested that the Commandant
issue a temporary license as a Chief Engineer with prior
endorsements pending appeal of the Decision & Order of the
Administrative Law Judge in the suspension and revocation
proceeding. On 12 July 1988, the Vice Commandant denied
Appellant's request for a temporary license. See Appeal
Decision 2467 (TOMBARI).
By order dated 30 November 1988, the National Transportation
Safety Board reversed the decision of the Vice-Commandant denying
the issuance of a temporary license to the Appellant. See
Commandant v. Tombari, NTSB Order No. EM-150 (1988). On 22
February 1989, Appellant applied for attorney's fees and other
expenses under the Equal Access to Justice Act (5 U.S.C. 504)
incurred in connection with his appeal from the decision of the
Vice Commandant denying Appellant's application for a temporary
license. | Appeal No. 2483 | Suspension and Revocation Appeals Authority | 4/14/1989 | 4/14/1989 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2484 - VETTER | This appeal has been taken in accordance with 46 U.S.C. SS7702
and 46 CFR SS5.701, 5.607.
By his order dated 22 March 1988, an Administrative Law Judge of
the United States Coast Guard at Lost Angeles, California, revoked
Appellant's Merchant Mariner's license and document upon finding
proved the charge of misconduct. The specifications supporting the
charge of misconduct alleged that Appellant, while serving under the
authority of his above-captioned license and document, aboard the SS
OVERSEAS CHICAGO, did, on 3 February 1988, wrongfully report for watch
in an intoxicated condition, wrongfully assault and batter the master
and the chief mate, and wrongfully create a disturbance aboard the
OVERSEAS CHICAGO.
The hearing was held in absentia under the provisions of 46
C.F.R. SS515.5(a) at Los Angeles, California on 9 March 1988. The
Investigating Officer introduced the testimony of three witnesses and
four exhibits into evidence. The Administrative Law Judge issued his
final Decision and Order on 22 March 1988. | Appeal No. 2484 | Suspension and Revocation Appeals Authority | 5/3/1989 | 5/3/1989 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2485 - YATES | This appeal has been taken in accordance with 46 U.S.C. 7702 and 46
CFR 5.701.
By order dated 29 March 1988, an Administrative Law Judge of the
United States Coast Guard at Houston, Texas, suspended outright Appellant's
Merchant Mariner's License and document for one month. In addition,
Appellant's license and document were further suspended for two months,
remitted on twelve months probation, upon finding proved the charge of
negligence. The charge was supported by two specifications, both of which
were found proved. The first specification found proved alleged that
Appellant, while serving as the operator on board the motor vessel
ENTERPRISE, under the authority of the captioned documents, at or about 1930
on 5 December 1987, did wrongfully fail to properly assess the effect of the
tidal current on his vessel and tow, while attempting to dock port side to
the Conoco Clifton Ridge Barge Dock, resulting in an allision with the ship
dock fender system at Conoco Clifton Ridge Dock, resulting in an allision
with the ship dock fender system at Conoco Clifton Ridge Terminal, at or on
the Calcasieu River. The second specification found proved alleged that
Appellant, while serving as the operator on board the motor vessel
ENTERPRISE, under the authority of the captioned documents, at or about 1930
on 5 December 1987, did fail to properly arrange his tow for docking at the Conoco Clifton Ridge Terminal, resulting in an allision with the ship dock
fender system at conoco Clifton Ridge Terminal, at or on the Calcasieu
River. | Appeal No. 2485 | Suspension and Revocation Appeals Authority | 5/19/1989 | 5/19/1989 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2486 - GOETZ | This appeal has been taken in accordance with 46 U.S.C. SS7702
and 46 CFR SS5.701.
By order dated 19 April 1988, an Administrative Law Judge of the
United States Coast Guard at Norfolk, Virginia, suspended Appellant's
Merchant Mariner's License outright for twelve months, upon finding
proved the charges of negligence and misconduct. The negligence
charge was supported by one specification, which was found proved.
The misconduct charge was supported by the negligence charge found
proved alleged that Appellant, while serving as the Master aboard the
motor vessel JET TRADER, under the authority of the captioned
documents, on or about 27 June 1987, failed to maintain a proper
lookout, creating a hazardous situation which led to a collision
between the M/V JET TRADER and a 16 foot pleasure craft. The first
specification under the misconduct charge found proved alleged that
Appellant, while serving in the same capacity at the same time failed
to take action to avoid a collision with a 16 foot pleasure craft, as
required by 33 USC 2008 (Rule 8 of the Inland Navigation Rules)
resulting in a collision with the pleasure craft. The second
specification found proved alleged that Appellant, while serving in
the same capacity at the same time failed to render assistance after
the collision with the pleasure craft, as required by 46 USC 2303(a). | Appeal No. 2486 | Suspension and Revocation Appeals Authority | 6/29/1989 | 6/29/1989 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2487 - THOMAS | This appeal has been taken in accordance with 46 U.S.C. SS7702
and 46 CFR SS5.701, 5.607.
By his order dated 15 January 1988, an Administrative Law Judge
of the United States Coast Guard at Norfolk, Virginia, suspended
Appellant's Merchant Mariner's license for three months, plus an
additional suspension for three months, remitted on three months
probation, upon finding proved the charge of negligence. A charge of
misconduct supported by two specifications was found not proved. The
two specifications supporting the charge of negligence alleged that
Appellant, while serving under the authority of his above-captioned
license, aboard the M/V VENTURE, did, on 22 October 1986, negligently
absent himself from the wheelhouse of the vessel, endangering the
life, limb and property of the passengers and crew, and that on that
same date, Appellant negligently failed to post a lookout. The
hearing was held at Charlotte Amalie, St. Thomas, Virgin Islands on 12
February, 4 and 5 June 1987. Appellant was represented by
professional counsel and introduced six exhibits into evidence as well
as the testimony of three witnesses and the Appellant. Appellant
entered a response of DENIAL to the charge and specifications. The
Investigating Officer introduced five exhibits that were received into evidence. Four witnesses testified at the request of the
Investigating Officer. The Administrative Law Judge's decision was
issued on 24 October 1987 and his final order issued on 15 January
1988. | Appeal No. 2487 | Suspension and Revocation Appeals Authority | 7/12/1989 | 7/12/1989 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2488 - PATTON | This petition has been taken in accordance with 46 U.S.C.
7701 and 46 C.F.R. Part 5, Subpart I.
By his order dated 10 June 1988, an Administrative Law Judge
of the United States Coast Guard at Philadelphia, Pennsylvania,
suspended Appellant's license and document for a period of three
months, remitted on six months probation upon finding proved the
charge of misconduct. The specification supporting the charge of
misconduct alleged that Appellant, while serving under the
authority of his above-captioned license and document, aboard the
T/V CHEMICAL PIONEER, did, on 3 December 1987, wrongfully direct
and control said vessel, which was engaged in a coastwise voyage.
Subsequent to the Administrative Law Judge's Decision and Order,
the Appellant filed a notice of appeal on 21 July 1988. Subsequent
to the hearing, Appellant received evidence from the U.S. Coast
Guard (a copy of correspondence from Chief, Regional Examination
Center, Marine Safety Office, Baltimore, MD., on the subject of
docking masters and pilotage requirements) which was not available
at the time of the hearing. Consequently, on 23 November 1988,
Appellant filed a petition to reopen the hearing on the basis of
the newly discovered evidence, pursuant to 46 C.F.R. 5.603. This
was supplemented by a letter dated 20 January 1989.
Appearance: Timothy D. Persons, Esq., Krusen Evans & Byrne,
Suite 1100, Curtis Center, Independence Square West, Sixth & Walnut
Streets, Philadelphia, PA 19106, [REDACTED]. | Appeal No. 2488 | Suspension and Revocation Appeals Authority | 7/17/1989 | 7/17/1989 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2489 - JUSTICE | This appeal has been taken in accordance with 46 U.S.C. 7702 and 46
CFR 5.701.
By his order dated 30 June 1988, an Administrative Law Judge of the
United States Coast Guard at Long Beach, California, revoked Appellant's
Merchant Mariner's Document and License upon finding proved the charge
of misconduct. The misconduct charge was supported by one specification
which was found proved. The specification found proved alleged that
Appellant, while serving under the authority of the captioned documents,
on board the S/S SEA-LAND PACIFIC on or about 21 April 1988, did
wrongfully have in his possession controlled substances, as defined in
21 U.S.C. 812 and 21 C.F.R. 1308.14, to wit, Diazepam and Seconal.
The hearing was held at Long Beach, California on 15 June 1988.
Appellant appeared at the hearing and was represented by professional
counsel. Appellant entered, in accordance with 46 C.F.R. 5.527(a), an
answer of denial to the charge and specification.
The Investigating Officer introduced six exhibits into evidence and
called two witnesses.
Appellant introduced one exhibit into evidence and testified in his
own behalf.
After the hearing, the Administrative Law Judge rendered a decision
in which he concluded that the charge and specification had been found proved, and entered a written order revoking Appellant's license and
document.
The complete Decision and Order was served on Appellant on 5 July
1988. Notice of Appeal was timely filed on 2 August 1988. Following
the receipt of the transcript of the proceedings, Appellant's brief was
timely received on 6 December 1988. Accordingly, this matter is
properly before the Commandant for disposition. | Appeal No. 2489 | Suspension and Revocation Appeals Authority | 8/22/1989 | 8/22/1989 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2490 - PALMER | This appeal has been taken in accordance with 46 U.S.C. SS7703
and 46 CFR SS5.701.
By order dated 18 August 1988, an Administrative Law Judge of the
United States Coast Guard at Long Beach, California, suspended
Appellant's Seaman's license for three months, remitted on twelve
months probation. The suspension was based upon a finding of proved
of the charge of misconduct. The specifications supporting the charge
allege violations of law and regulation, that while serving as
Operator on board the M/V ROMAN HOLIDAY and under teh authority of the
above-captioned license, Appellant, did, on or about 11 December 1987,
while said vessel was located in Newport harbor, California:
a) operate said vessel without having on board a valid U.S. Coast
Guard Certificate of Inspection, while carrying more than six
passengers, a violation of 46 U.S.C. 3311;
b) operate said vessel without having on board a valid U.S. Coast
Guard Certificate of Documentation while operating on a coastwise
voyage, a violation of 46 C.F.R. 67.45-21;
c) operate said vessel in restricted visibility without a proper sounding device, a violation of the Inland Rules of the Road, Rule 33
and Rule 35;
d) operate said vessel without having the required three fire
extinguishers in serviceable condition, a violation of 46 C.F.R.
25.30-20; and
e) operate said vessel in restricted visibility without the proper
masthead and side navigation lights, a violation of the Inland Rules
of the Road, Rule 21 and Rule 23.
The hearing was held at Long Beach, California, on 21 January, 26
January, 3 February, 17 February, 23 March, and 13 April 1988.
Appellant was represented at the hearing by professional counsel. At
the hearing, Appellant entered an answer of "deny" to the five
specifications and the charge of Violation of Law or Regulation. | Appeal No. 2490 | Suspension and Revocation Appeals Authority | 10/26/1989 | 10/26/1989 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2491 - BETHEL | This appeal has been taken in accordance with 46 U.S.C. 7702 and
46 CFR 5.701.
By order dated 6 May 1988, an Administrative Law Judge of the
United States Coast Guard at Norfolk, Virginia, suspended outright
Appellant's Merchant Mariner's License for three months, upon finding
proved the charge of misconduct. In addition, Appellant's license was
further suspended for six months, remitted on six months probation.
The charge was supported by one specification, which was found
proved.
The specification alleged that Appellant, while serving as the
docking master on board the motor vessel SEA LION, under the authority
of the captioned document, did at or about 0100 on 26 April 1987, did
attempt to undock the vessel while under the influence of intoxicants.
The hearing was held at Philadelphia, Pennsylvania, on 27 January
1988. Appellant appeared at the hearing and was represented by lawyer
counsel. Appellant entered, in accordance with 46 CFR 5.527(a), answers of denial to the charge and specification.
The Investigating Officer introduced eight exhibits into evidence
and called two witnesses.
Appellant introduced three exhibits into evidence and called five
witnesses. Additionally, Appellant testified at the hearing in his
own behalf. | Appeal No. 2491 | Suspension and Revocation Appeals Authority | 12/15/1989 | 12/15/1989 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2492 - RATH | This appeal has been taken in accordance with 46 U.S.C. 7702 and
46 CFR 5.701.
By his order dated 22 January 1988, an Administrative Law Judge
of the United States Coast Guard at Alameda, California, suspended
Appellant's Merchant Mariner's Document and License for six months,
remitted on twelve months probation, upon finding proved the charges
of misconduct and negligence. The misconduct charge was supported by
three specifications which were found proved. A fourth specification
was dismissed by the Administrative Law Judge. The negligence charge
was supported by one specification which was found proved.
Specification one to the charge of misconduct alleges that
Appellant, as Master aboard the M/V PRESIDENT EISENHOWER, while
serving under the authority of the above-captioned license and
document, on or about 0600, 25 October 1986, wrongfully violated 33
U.S.C. 20009(e) by failing to take steps to safely pass another vessel
(barge #417) in a narrow channel.
Specification two alleges that at the same time and date
aforementioned, Appellant wrongfully violated 33 U.S.C. 2006 by
failing to proceed at a safe speed causing a collision with barge
#417. | Appeal No. 2492 | Suspension and Revocation Appeals Authority | 12/8/1989 | 12/8/1989 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2493 - KAAUA | This appeal has been taken in accordance with 46 U.S.C. SS7702
and 46 CFR SS5.701.
By order dated 9 May 1988, an Administrative Law Judge of the
United States Coast Guard at Honolulu, Hawaii, revoked Appellant's
Merchant Mariner's Document. This order was issued upon finding
proved a charge of misconduct supported by two specifications. The
specifications found proved were that Appellant, while serving as an
Ordinary Seaman/Waitress aboard the SS INDEPENDENCE, under the
authority of the captioned document, on or about 11 March 1988, while
said vessel was at sea, did wrongfully have in her possession certain
narcotic drugs, to wit, marijuana, and did wrongfully have in her
possession certain drug paraphernalia, to wit, a pipe and rolling
papers.
The hearing was held at Honolulu, Hawaii, on 9 May 1988. The
Appellant was represented by professional counsel at the hearing and
entered an answer of deny to the charge and to each specification.
The Investigating Officer introduced a total of six exhibits which
were admitted into evidence, and called two witnesses, one of whom
testified in person, and one whom testified via a conference telephone
connection from the Naval Investigative Service Forensic Science
Laboratory at Pearl Harbor, Hawaii. The Appellant introduced eight
exhibits which were admitted into evidence, and called one witness who
testified in person. Appellant also voluntarily testified in her own
defense. | Appeal No. 2493 | Suspension and Revocation Appeals Authority | 1/11/1989 | 1/11/1989 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2494 - PUGH | This appeal has been taken in accordance with 46 U.S.C. SS7702
and 46 CFR SS5.701.
By his order dated 14 October 1988, an Administrative law Judge
of the United States Coast Guard at Port Arthur, Texas, revoked
Appellant's Merchant Mariner's License upon finding proved the charge
and specification of misconduct for possession of marijuana.
The specification alleges that Appellant, while serving under the
authority of his license as operator of the M/V C PROWLER, on 22 March
1988, was in possession of marijuana in violation of a narcotic drug
law.
The hearing was held at Port Arthur, Texas on 30 August 1988.
Appellant appeared at the hearing together with his wife and, after
being advised of his right to professional counsel by the
Administrative Law Judge, chose to be represented pro se.
The Investigating Officer called five witnesses who testified
under oath and presented six exhibits which were admitted into
evidence. Appellant called one witness who testified under oath, in
addition, testified on his own behalf under oath. Upon finding proved the charge and specification of misconduct, the Administrative law
Judge revoked Appellant's license. | Appeal No. 2494 | Suspension and Revocation Appeals Authority | 1/16/1990 | 1/16/1990 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2495 - ZELVICK | This appeal has been taken in accordance with 46 U.S.C. SS7702
and 46 C.F.R. SS5.507.
On January 29, 1990, the attorney for the respondent filed a
letter with Coast Guard Administrative Law Judge Rosemary Denson, who
is assigned to this case, requesting recusal. By order dated January
30, 1990, Judge Denson field a Decision on Respondent's Request for
Recusal, denying the same, and, on February 9, 1990, Respondent
appealed the Decision to the Commandant pursuant to 46 C.F.R. 5.507.
Appearance: Mr. Harold L. Witsaman, Esq., Ray Robinson, Hanninen
& Carle, 135 S. LaSalle Street, Suite 1916, Chicago, Illinois 60603-
4233. | Appeal No. 2495 | Suspension and Revocation Appeals Authority | 3/12/1990 | 3/12/1990 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2496 - MCGRATH | This appeal has been taken in accordance with 46 U.S.C. 7702 and
46 CFR 5.701.
By his order dated 2 November 1988, an Administrative Law Judge
of the United States Coast Guard at Alameda, California, suspended
Appellant's license for two months, remitted on eight months
probation, having found proved the charges of misconduct and
negligence. The specification supporting the charge of misconduct
alleged a violation of law and regulation, that while serving as
Operator on board the S/V KIALOA II and under the authority of the
above-captioned license, Appellant did, on or about 3 October 1987,
while said vessel was located in San Francisco Bay, California operate
said vessel without a Certificate of Inspection while carrying eight
passengers.
The specification supporting the charge of negligence alleged
that Appellant operated the S/V KIALOA II in an unsafe condition in
violation of twelve safety regulations while carrying eight
passengers.
The hearing was held at Alameda, California, on 29 and 30 October
1987 and on 2 November 1987. Appellant was represented at the hearing by professional counsel. At the hearing, Appellant entered an answer
of "deny" to the charges and specifications. | Appeal No. 2496 | Suspension and Revocation Appeals Authority | 4/8/1990 | 4/8/1990 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2497 - GUIZZOTTI | This appeal has been taken in accordance with 46 U.S.C. SS7702
and 46 CFR SS5.701.
By his order dated 14 September 1988, an Administrative Law Judge
of the United States Coast Guard at Seattle, Washington, revoked
Appellant's Merchant Mariner's License upon finding proved the charge
of misconduct. The single specification supporting the charge of
misconduct alleged that, on 1 September 1987, ,Appellant, while
serving as Operator aboard the M/V ROSE under the authority of his
above-captioned license, did wrongfully rape a passenger while on
board the vessel at Vancouver, Washington.
The hearing was held at Portland, Oregon, on May 10, 1988.
Appellant was represented by professional counsel and introduced two
exhibits into evidence as well as the testimony of one witness.
Appellant entered a response of DENIAL to the charge and specification
as provided in 46 C.F.R. SS5.527. The Investigating Officer
introduced seventeen exhibits that were received into evidence. Three
witnesses testified at the request of the Investigating Officer.
The Administrative Law Judge's final order revoking all of appellant's
licenses and documents was entered on 14 September 1988. An order
authorizing issuance of a temporary license to Appellant to serve on non-passenger carrying vessels was entered 22 September 1988. | Appeal No. 2497 | Suspension and Revocation Appeals Authority | 4/10/1990 | 4/10/1990 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2498 - KLATT | This appeal has been taken in accordance with 46 U.S.C. SS7702
and 46 CFR SS5.701.
By his order dated 30 January 1989, an Administrative Law Judge
of the United States Coast Guard at Alameda, California, issued an
admonishment to Appellant upon finding proved the charge of violation
of law. The charge was supported by one specification which was found
proved. The specification alleged that Appellant, while serving as
master under the authority of the captioned documents, on board the
S/S COVE LIBERTY on or about 11 March 1988, did wrongfully discharge
oil from his vessel into U.S. navigable waters in violation of 33
U.S.C. SS1321.
The hearing was held at Alameda, California on 12 April 1988.
Appellant appeared at the hearing and was represented by professional
counsel. Appellant entered, in accordance with 46 C.F.R. SS5.527(a),
an answer of deny to the charge and specification.
The Investigating Officer introduced seven exhibits into evidence
and called two witnesses. | Appeal No. 2498 | Suspension and Revocation Appeals Authority | 4/10/1990 | 4/10/1990 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2499 - AILSWORTH | This appeal has been taken in accordance with 46 U.S.C. SS7702
and 46 C.F.R. SS5.707(e).
By orders dated January 22 and February 8, 1990, an
Administrative Law Judge of the United States Coast Guard at Norfolk,
Virginia, ordered an outright suspension for twelve months of
Appellant's Operator of Uninspected Towing Vessel license upon finding
proved the charges of negligence and misconduct.
These charges arose out of a July 7, 1989, allision by
Appellant's tug, the MILDRED A., while in tow of barge SL-7809, with a
pier of the Jamison Cove Marina, as the flotilla was proceeding
inbound on the Urbanna Creek in Virginia. The Administrative Law
Judge found that Appellant throttled the engine beyond 900 rpm when
backing full after attempting a turn, thereby activating an overspeed
trip device which, as it was designed to do, caused the engine to
stall.
The single specification supporting the charge of negligence
alleged, essentially, that Appellant failed to adequately control the
movements of the tug and tow. The two specifications supporting the
charge of misconduct alleged that Appellant wrongfully failed to sound | Appeal No. 2499 | Suspension and Revocation Appeals Authority | 5/3/1990 | 5/3/1990 | | 11/30/2017 |