| Suspension and Revocation Appeals Authority | 2404 - MCALLISTER | This appeal has ben taken in accordance with 46 U.S.C. 7702
and 46 CFR 5.30-1.
By order dated 17 August 1984, an Administrative Law Judge of
the United States Coast Guard at New York, New York admonished
Appellant upon finding proved the charge of negligence. The
specification found proved alleges that Appellant, while serving as
operator on board the Tug MARJORIE B. McALLISTER under the
authority of the license above captioned, on or about 9 January
1983 while the tug was pushing the loaded T/B McALLISTER 80,
negligently failed to navigate with due caution resulting in the
grounding of the T/B McALLISTER 80 at Diamond Reef, Hudson River,
New York, resulting in a gasoline spill into the Hudson River.
The hearing was held at New York, New York, on various dates
between May 18, 1983 and August 15, 1984.
At the hearing Appellant was represented by professional
counsel, and entered a plea of not guilty to the charge and
specification. | Appeal No. 2404 | Suspension and Revocation Appeals Authority | 9/9/1985 | 9/9/1985 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2405 - LEON | This appeal has been taken in accordance with 46 CFR 5.30-15.
By order dated 21 May 1985, and Administrative Law Judge of
the United States Coast Guard at Norfolk, Virginia, revoked
Appellant's merchant mariner's document upon finding proved a
charge of misconduct. The charge was supported by three
specifications which alleged that Appellant, while serving as A.B.
on board the S.S. STONEWALL JACKSON, on or about 1 February 1985
wrongfully failed to perform his duty as lookout by being asleep on
watch; on or about 3 February 1985 wrongfully failed to perform his
duty as lookout by not relieving the watch; and on or about 19
February 1985 had in his possession marijuana.
On 18 June 1985, Appellant filed a notice of appeal and
requested a temporary document pending appeal. The Administrative
Law Judge denied the request by order dated 21 June 1985. | Appeal No. 2405 | Suspension and Revocation Appeals Authority | 9/6/1985 | 9/6/1985 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2406 - ZOFCHAK | This appeal has been taken in accordance with Title 46 U.S.C.
7702, 46 CFR 5.30-1, and 46 CFR 5.30-15.
By order dated 30 August 1984, an Administrative Law Judge of
the United States Coast Guard at Key West, Florida, revoked
Appellant's license upon finding proved the charge of misconduct.
The specification found proved alleges that while serving as
Operator aboard the state numbered vessel FL-1263-BH under the
authority of the captioned document, Appellant did, on or about 4
March 1984, wrongfully operate said vessel under the influence of
alcohol.
The hearing was held at Key West, Florida, on 25 and 26 July
and 30 August 1984.
At the hearing, Appellant elected to represent himself, and
entered a plea of not guilty to the charge and specification.
The Investigating Officer introduced in evidence nine exhibits
including the depositions of three witnesses. | Appeal No. 2406 | Suspension and Revocation Appeals Authority | 9/11/1985 | 9/11/1985 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2407 - GONSALVES | This appeal has been taken in accordance with Title 46 U.S.C.
7702 and 46 CFR 5.30-1.
By order dated 6 April 1984, an Administrative Law Judge of
the United States Coast Guard at Honolulu, Hawaii, suspended
Appellant's license for six months plus an additional six months
remitted on 12 months' probation, upon finding proved the charge of
negligence. The specification originally alleged that Appellant
while serving as Chief Engineer aboard the F/V OCEAN PEARL under
authority of the captioned license did on or about 21 November 1983
while said vessel was at sea negligently allow oxygen and starting
fluid (ether) to be used to start the vessel's main engine which
resulted in an explosion which fatally burned the Master and
seriously burned six other crewmembers.
At sessions of the hearing convened in Honolulu, Hawaii, on 17
and 18 January 1984, Appellant was absent but was represented by
professional counsel. | Appeal No. 2407 | Suspension and Revocation Appeals Authority | 9/17/1985 | 9/17/1985 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2408 - BROWN | This appeal has been taken in accordance with 46 U.S.C.
7702(b) and 46 CFR 5.30-1.
By order dated 22 April 1985, an Administrative Law Judge of
the United States Coast Guard at Jacksonville, Florida, revoked
Appellant's motorboat operator's license upon finding proved the
charge of conviction of a dangerous drug law violation. The
specification found proved alleged that while being the holder of
the above captioned license, on or about 21 December 1981,
Appellant was convicted in the Circuit Court of Monroe County,
Florida, a court of record, for possession of marijuana. The
Administrative Law Judge also found proved a second charge of
misconduct and its supporting specification which alleged that
Appellant, while serving under the authority of his license, on or
about 19 August 1982, wrongfully made a fraudulent statement in his
application for license renewal by answering "no" to the question:
"Have you been convicted by any court - including military court -
for other than a minor traffic violation?"
The hearing was held at Miami, Florida, on 15 March 1985 and
9 April 1985. | Appeal No. 2408 | Suspension and Revocation Appeals Authority | 10/2/1985 | 10/2/1985 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2409 - PLACZKIEWICZ | This appeal has been taken in accordance with 46 U.S.C.
7702(b) and 46 CFR 5.30.
By order dated 14 September 1984, an Administrative Law Judge
of the United States Coast Guard at Norfolk, Virginia, suspended
Appellant's license for ten months and eighteen days upon finding
proved the charge of negligence. The specification found proved
alleges that while serving as operator on board the uninspected
passenger vessel M/V DEEP SPIN, under authority of his license, on
or about 26 June 1984, Appellant failed to navigate the vessel with
due regard for existing conditions, while approaching a bend in the
Toussaint Channel, causing the vessel to ground.
The hearing was held at Toledo, Ohio, on 9 August and 12
September 1984.
At the hearing, Appellant was represented by professional
counsel. He entered a plea of not guilty to the charge and
specification. | Appeal No. 2409 | Suspension and Revocation Appeals Authority | 10/2/1985 | 10/2/1985 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2410 - FERNANDEZ | This appeal has been taken in accordance with 46 U.S.C. 7702 and 46
CFR 5.30-1.
By order dated 15 November 1984, an Administrative Law Judge of the
United States Coast Guard at Honolulu, Hawaii, suspended Appellant's license
and document for three months outright plus an additional six months on
twelve months' probation upon finding proved the charge of misconduct. The
specification originally alleged that while serving as third officer aboard
S.S. CONSTITUTION, under the authority of the captioned documents, on or
about 29 September 1984. Appellant wrongfully assaulted and battered by
beating with fists and kicking the Chief Engineer. At the conclusion of the
evidence, and subsequent to closing arguments, the Administrative Law Judge
amended the specification to read that Appellant wrongfully entered into
mutual combat with the Chief Engineer.
The hearing was held at Honolulu, Hawaii, on 15 November 1984.
At the hearing Appellant was represented by professional counsel and
entered a plea of not guilty to the charge and specification.
The Investigating Officer introduced in evidence five exhibits and the
testimony of five witnesses. | Appeal No. 2410 | Suspension and Revocation Appeals Authority | 10/3/1985 | 10/3/1985 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2411 - SIMMONS | This appeal has been taken in accordance with 46 U.S.C. 7702 and
46 CFR 5.30-1.
By order dated 2 July 1984, an Administrative Law Judge of the
United States Coast Guard at Alameda, California, suspended
Appellant's license for one month outright upon finding proved the
charge of negligence. The specification found proved alleges that
while serving as Operator aboard the M/V AMERICAN EAGLE, under the
authority of the captioned document, on 20 May 1984, while the vessel
was navigating San Francisco Bay in the vicinity of the San
Francisco - Oakland Bay Bridge, appellant failed to take adequate
precautions to prevent a collision with the S/V FINE FEATHER resulting
in a collision with and the sinking of that vessel.
The hearing was held at Alameda, California, on 2 July 1984.
At the hearing Appellant was represented by professional counsel
and entered a plea of not guilty to the charge and specification.
The Investigating Officer introduced in evidence six exhibits and
the testimony of three witnesses. | Appeal No. 2411 | Suspension and Revocation Appeals Authority | 10/17/1985 | 10/17/1985 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2412 - LOUVIERE | This appeal has been taken in accordance with 46 U.S.C.
7702(b) and 46 CFR 5.30-1.
By order dated 23 January 1984, an Administrative Law Judge of
the United States Coast Guard at Houston, Texas, suspended
Appellant's seaman's license and document for a period of two
months plus an additional three months on six months' probation
upon finding proved a charge of negligence and a charge of
misconduct. The specifications supporting these two charges allege
that Appellant, while serving as operator of the M/V EDGAR BROWN,
JR., under the authority of the captioned documents, on or about 24
November 1983, negligently navigated the vessel at approximately
Mile 285 of the Gulf Intracoastal Waterway, thereby contributing to
a collision between his vessel and the T/B AMOCO VIRGINIA; and
that, on the same date, he wrongfully failed to arrange a proper
meeting situation with the M/V AMOCO ATLANTA at approximately Mile
285 of the Gulf Intracoastal Waterway.
The hearing was held at Port Arthur, Texas, on 22 December
1983.
At the hearing Appellant was represented by professional
counsel and entered pleas of not guilty to both charges and
specifications. | Appeal No. 2412 | Suspension and Revocation Appeals Authority | 10/18/1985 | 10/18/1985 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2413 - KEYS | This appeal has been taken in accordance with 46 U.S.C. 7702 and
46 CFR 5.30-1.
By order dated 4 December 1984, and Administrative Law Judge of
the United States Coast Guard at New York, New York, revoked
Appellant's merchant mariner's document upon finding proved the
charge of misconduct. The specifications found proved allege that
Appellant, while serving as Able-bodied seaman aboard the SS SANTA
ROSA, under the authority of the captioned document, on 8 July 1984:
(1) failed to turn to for docking operations, and (2) had in his
possession marijuana and valium.
The hearing was held at Philadelphia, Pennsylvania on
21 November 1984.
At the hearing Appellant was represented by professional counsel
and entered a plea of not guilty to the charge and both
specifications.
The Investigating Officer introduced in evidence two exhibits and
the testimony of one witness.
In defense, Appellant testified in his own behalf. | Appeal No. 2413 | Suspension and Revocation Appeals Authority | 10/18/1985 | 10/18/1985 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2414 - HOLLOWELL | This appeal has been taken in accordance with 46 U.S.C. 7702 and
46 CFR 5.30-1.
By order dated 4 December 1984, and Administrative Law Judge of
the United States Coast Guard at New York, New York, revoked
Appellant's merchant mariner's document upon finding proved the
charge of misconduct. The specifications found proved allege that
Appellant, while serving as Able-bodied seaman aboard the SS SANTA
ROSA, under the authority of the captioned document, on 8 July 1984:
(1) failed to turn to for docking operations, and (2) had in his
possession marijuana and valium.
The hearing was held at Philadelphia, Pennsylvania on
21 November 1984.
At the hearing Appellant was represented by professional counsel
and entered a plea of not guilty to the charge and both
specifications.
The Investigating Officer introduced in evidence two exhibits and
the testimony of one witness.
In defense, Appellant testified in his own behalf. | Appeal No. 2414 | Suspension and Revocation Appeals Authority | 11/27/1985 | 11/27/1985 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2415 - MARSHBURN | This appeal has been taken in accordance with 46 U.S.C. 7702 and
former 46 CFR 5.30-1 (currently 46 CFR Part 5, Subpart J.).
By order dated 13 February l984, an Administrative Law Judge of
the United States Coast Guard at Norfolk, Virginia, suspended
Appellant's license for three months on six months' probation upon
finding proved the charge of negligence. The specification found
proved alleges that while serving as Operator aboard the Tug CHAUNCY
[sic], under the authority of the captioned document, on 26 August
1983, while the vessel was navigating the Alligator River - Pungo
River Canal, NC, Appellant maneuvered his flotilla - the towing vessel
and two nonpropelled barges - resulting in an collision between the
lead barge and the Fairfield Swing Bridge.
The hearing was held at Wilmington, North Carolina, on 15
September 1983.
At the hearing Appellant was represented by professional counsel
and entered a plea of not guilty to the charge and specification.
The Investigating Officer introduced in evidence four exhibits
and the testimony of three witnesses. | Appeal No. 2415 | Suspension and Revocation Appeals Authority | 11/27/1985 | 11/27/1985 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2416 - MOORE | This appeal has been taken in accordance with 46 U.S.C. 7702
and former 46 CAR 5.30-1 (currently 46 CFR Part 5, Subpart J.).
By order dated 30 May 1984, an Administrative Law Judge of the
United States Coast Guard at St. Louis, Missouri, suspended
Appellant's license for three months on twelve months' probation
upon finding proved the charge of negligence. The specification
found proved alleges that Appellant, while serving as operator
aboard the M/V THERESA SELEY, under the authority of the captioned
document, on or about 1 September 1983, did fail to operate the
vessel in safe and prudent manner in the area of miles 956-959,
Ohio River, to wit, operating said vessel in the above river area
when its draft exceeded the channel project depth, resulting in
damage to and subsequent pollution from the vessel.
The hearing was held at Paducah, Kentucky, on 1 November 1983.
At the hearing Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
supporting specification.
The Investigating Officer introduced in evidence eight
exhibits and the testimony of three witnesses. | Appeal No. 2416 | Suspension and Revocation Appeals Authority | 1/3/1986 | 1/3/1986 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2417 - YOUNG | This appeal has been taken in accordance with Title 46 U.S.C.
7702 and 46 CFR 5.30-1.
By order dated 24 January 1984, an Administrative Law Judge of
the United States Coast Guard at Long Beach, California, revoked
Appellant's merchant mariner's document upon finding him guilty of
misconduct and upon finding him incompetent to serve on board
merchant vessels of the United States.
The misconduct charge is supported by six specifications which
allege that Appellant, while serving as Able-Bodied Seaman aboard
the TT BAY RIDGE under the authority of his document, on or about
1 January 1984, did wrongfully:
(1) fail to perform his prescribed duties as lookout while
the TT BAY RIDGE was underway in the Pacific Ocean;
(2) fail to obey a lawful order of the Third Officer who was
on the bridge and ordering [sic] him in the capacity of the
Bridge Watch Officer to return to his lookout duty;
(3) fail to obey the orders of the Master when told to
accompany him to his office for logging at 2100 hours:
(4) create a disturbance on the bridge of the TT BAY RIDGE by
verbally confronting the Bosun while he was performing the
duties of Helmsman on the 2000 to 2400 bridge watch; | Appeal No. 2417 | Suspension and Revocation Appeals Authority | 1/3/1985 | 1/3/1985 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2418 - DOUGHERTY | This appeal has been taken in accordance with 46 U.S.C. 7702
and former 46 CFR 5.30-1 (currently 46 CFR Part 5, Subpart J).
By order dated 24 April 1985, an Administrative Law Judge of
the United States Coast Guard at St. Louis, Missouri, suspended
Appellant's license for three months remitted on twelve months'
probation upon finding proved the charge of negligence. The
specification found proved alleges that Appellant, while serving as
Operator board the M/V JAMES E. NIVIN, under the authority of the
captioned document, on or about 8 February 1984, failed to operate
his vessel so as to avoid alliding with the mooring cell on the
Kentucky side of the Portland Canal in Louisville, Kentucky.
The hearing was held at Louisville, Kentucky, on 25 April
1984.
At the hearing Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced in evidence eight
exhibits. | Appeal No. 2418 | Suspension and Revocation Appeals Authority | 2/11/1986 | 2/11/1986 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2419 - MURPHY | This appeal has been taken in accordance with 46 U.S.C. 7702
and former 46 CFR 5.30-1 (currently 46 CFR Part 5, Subpart J).
By order dated 17 May 1985, an Administrative Law Judge of the
United States Coast Guard at St. Louis, Missouri, suspended
Appellant's license for two months outright plus an additional two
months on eight months' probation upon finding proved the charge of
negligence. The specification found proved alleges that
Appellant,while serving as Operator aboard the M/V JOE BOBZIEN,
under the authority of the captioned document, on or about 6
January 1985, navigated his tow in such a manner as to cause the
tow to collide with the fleeted barges at Mile 808.5, Ohio River,
left descending bank.
The hearing was held at Evansville, Indiana, on 20 February
1985.
At the hearing Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification. | Appeal No. 2419 | Suspension and Revocation Appeals Authority | 3/3/1986 | 3/3/1986 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2420 - LENTZ. | This appeal has been taken in accordance with 46 U.S.C. 7702
and former 46 CFR 5.30-1 (currently 46 CFR Part 5, Subpart J.).
By order dated 25 February 1985, an Administrative Law Judge
of the United States Coast Guard at Long Beach, California,
suspended Appellant's license for twelve months outright plus an
additional three months on twelve months' probation upon finding
proved the charge of negligence. The specification found proved
alleges that Appellant, while serving as Operator aboard the M/V
CAPT DARCE, under the authority of the captioned document, on or
about 25 August 1984, while the vessel was underway in San Pedro
Bay with the barge SPARTAN 110 in tow, negligently failed to
maintain a proper lookout. A second specification, alleging a
failure to navigate the CAPT DARCE with due caution, thereby
causing an allision between the barge SPARTAN 110 and the anchored
P/C GOOD ID, was found not proved.
The hearing was held at Long Beach, California, on 22 October
1984, 20 November 1984 and 6 February 1985. | Appeal No. 2420 | Suspension and Revocation Appeals Authority | 3/18/1986 | 3/18/1986 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2421 - RADER | This appeal has been taken in accordance with 46 U.S.C. 7702
and 46 CFR 5.30-1.
By order dated 12 April 1985, and Administrative Law Judge of
the United States Coast Guard at Seattle, Washington, suspended
Appellant's license for two months outright upon finding proved the
charge of negligence. The specification found proved alleges that
while serving as Operator aboard the TUG WESTERN COMET, under the
authority of the captioned document, on 26 April 1984, Appellant
failed to maintain a proper lookout, contributing to a collision
with a pleasure vessel on the Willamette River at approximately
river mile 3.5.
The hearing was held at Seattle, Washington, on 5 February
1985.
At the hearing Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced in evidence ten exhibits
and the testimony of two witnesses. | Appeal No. 2421 | Suspension and Revocation Appeals Authority | 3/25/1986 | 3/25/1986 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2422 - GIBBONS | This appeal has been taken in accordance with 46 U.S.C. 7702
and former 46 CFR 5.30-1 (currently 46 CFR Part 5, Subpart J.).
By order dated 4 March 1985, an Administrative Law Judge of
the United States Coast Guard at Houston, Texas, suspended
Appellant's document for six months outright plus an additional six
months' suspension on twelve months' probation upon finding proved
the charge of misconduct. The notice of hearing, charge and
specifications set forth two charges of misconduct, each supported
by one specification. At the outset of the hearing, the
Administrative Law Judge amended the charges by substituting in
lieu thereof a single charge of misconduct supported by the two
specifications. The specifications found proved allege that
Appellant, while serving as Boatswain aboard the M/V COVE SAILOR,
under authority of the captioned document, (1) did on or about 27
January 1985, the said vessel being at sea, wrongfully assault and
batter an Able Bodied Seaman by striking him in the throat and
kicking him in the stomach, head and back, and (2) did on or about
25 January 1985, wrongfully assault the Chief Pumpman by making
threatening remarks.
The hearing was held at Houston, Texas, on 4 February 1985.
Appellant failed to appear at the hearing. The Administrative
Law Judge entered a plea of not guilty on Appellant's behalf to the
charge and each specification. The hearing was conducted in
absentia. | Appeal No. 2422 | Suspension and Revocation Appeals Authority | 6/2/1986 | 6/2/1986 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2423 - WESSELLS | This appeal has been taken in accordance with 46 U.S.C. 7702
and former 46 CFR 5.30-1 (currently 46 CFR Part 5, Subpart J.).
By order dated 13 February 1985, an Administrative Law Judge
of the United States Coast Guard at Alameda, California, suspended
Appellant's license for one month on three months' probation upon
finding proved the charge of misconduct. The specification found
proved alleges that Appellant, while serving as Chief Engineer
aboard USNS CONTENDER T-AGOS-2, under authority of the captioned
document, did on or about 22 September 1984, while said vessel was
moored in Oakland, California, wrongfully fail to perform his
duties due to intoxication.
The hearing was held at Alameda, California, on 9 October 1984
and 13 February 1985. On 9 October 1984, Appellant did not
personally attend the hearing but he was represented by
professional counsel. Counsel entered a plea of not guilty on
Appellant's behalf to the charge and supporting specification.
Appellant was present with counsel when the hearing reconvened on
13 February 1985. | Appeal No. 2423 | Suspension and Revocation Appeals Authority | 6/5/1986 | 6/5/1986 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2424 - CAVANAUGH | This appeal has been taken in accordance with 46 U. S. C. 7702
and 46 CFR 5.30-1.
By order dated 31 January 1985, an Administrative Law Judge of
the United States Coast Guard at Alameda, California, revoked
Appellant's seaman's document upon finding proved a charge of
misconduct and a charge of being a user of a dangerous drug. The
specifications supporting these two charges allege that Appellant,
while serving under authority of the captioned document on board
the SS CONSTITUTION did, on or about 1900 24 February 1984 while
said vessel was at sea, wrongfully use cocaine and at the same time
and place, being holder of the captioned document, was a user of
and did use cocaine.
The hearing was held at Honolulu, Hawaii, on 10, 23 and 24
March 1984.
At the hearing Appellant was represented by professional
counsel and entered a plea of not guilty to the charges and
specifications.
The Investigating Officer introduced in evidence four exhibits
and the testimony of five witnesses.
In defense, Appellant introduced in evidence two exhibits, his
own testimony, and the testimony of four additional witnesses. | Appeal No. 2424 | Suspension and Revocation Appeals Authority | 6/6/1986 | 6/6/1986 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2425 - BUTTNER | This appeal has been taken in accordance with 46 U.S.C. 7702
and 46 CFR 5.30-1.
By order dated 17 December 1984, an Administrative Law Judge
of the United States Coast Guard at Almadea, California, suspended
Appellant's license for three months remitted on nine months'
probation upon finding proved the charged of negligence. The
specification found proved alleges that while serving as Pilot
aboard the S.S. CORNUCOPIA, under the authority of the captioned
document, on 1 June 1984, Appellant navigated the vessel in a
negligent manner, resulting in an allision with and the dragging
off-station of the San Francisco Bay, Blossom Rock Buoy (LLNR 592).
The hearing was held at Alameda, California, on 5 and 18
September 1984.
At the hearing Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced in evidence six exhibits
and the testimony of two witnesses. | Appeal No. 2425 | Suspension and Revocation Appeals Authority | 6/5/1986 | 6/5/1986 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2426 - FUTCHER | This appeal has been taken in accordance with 46 CFR 5.707.
By order dated 24 March 1986, an Administrative Law Judge of
the United States Coast Guard at New York, New York, revoked
Appellant's license and merchant mariner's document upon finding
proved a charge of misconduct. The charge was supported by four
specifications which alleged that Appellant, while serving as
Pilot/Mate on board the M/V CAPE MAY, on or about 31 July 1985
wrongfully fraternized with a 14-year-old female passenger,
wrongfully engaged in undue familiarity with a 14-year-old female
passenger, wrongfully engaged in sexual intercourse with a
14-year-old female passenger, and wrongfully failed to exclude a
14-year-old female passenger from the pilot hose and bridge of the
vessel, as prohibited by 46 CFR 78.10-1.
On 3 April 1986, Appellant filed a notice of appeal and
requested a temporary document pending appeal. The Administrative
Law Judge denied the request by order dated 7 April 1986.
BASES OF APPEAL
This appeal has been taken from the denial of a temporary
document.Appellant urges that the administrative Law Judge erred in
finding the specifications proved and in revoking Appellant's
license and document. Appellant contends further that he should be
issued a temporary license because he cannot be presumed to be a
hazard to the navigation of any vessel. | Appeal No. 2426 | Suspension and Revocation Appeals Authority | 7/21/1986 | 7/21/1986 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2427 - JEFFRIES | This appeal has been taken in accordance with 46 U.S.C. 7702 and
46 CFR 5.30-1.
By order dated 29 August 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
charges of misconduct and incompetence. The misconduct charge was
supported by two specifications. The first alleged that, under the
authority of the captioned documents aboard the SS EDGAR M. QUEENY, on
or about 1 June 1985, Appellant had in his possession alcoholic
beverages, to wit, beer and rum. The second misconduct specification
alleged that, at the same place and time, Appellant wrongfully
rendered himself unfit to stand his scheduled watch due to
intoxication. The incompetence charge was supported by a single
specification alleging that, while serving as Third Assistant Engineer
aboard the SS EDGAR M. QUEENY under the authority of the captioned
documents, on or about 1 June 1985, Appellant was and presently i
incompetent to perform duties as third engineer due to alcoholism.
The hearing was held at Philadelphia, Pennsylvania, on 23 July
and 15 August 1985.
Appellant appeared at the hearing without counsel and entered a
plea of guilty to the first misconduct specification, and pleas of not
guilty to the second misconduct specification and the incompetence
charge and specification. | Appeal No. 2427 | Suspension and Revocation Appeals Authority | 8/29/1985 | 8/29/1985 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2428 - NEAT | This appeal has been taken in accordance with 46 U.S.C. 7702
and 46 CFR 5.30-1.
By order dated 23 July 1958, an Administrative Law Judge of
the United States Coast Guard at Jacksonville, Florida, revoked
Appellant's license upon finding proved the charge of "narcotics
conviction." The specification found proved alleges that, being
the holder of the captioned document, on or about 12 June 1987,
Appellant was convicted by the Twenty-fourth Judicial District
Court, Parish of Jefferson, State of Louisiana, a court of record,
for knowingly and intentionally possessing with intent to
distribute a controlled dangerous substance, to wit: marijuana. A
second charge, alleging misconduct, was found not proved.
The hearing was held at Miami, Florida, on 23 July 1985.
Appellant appeared at the hearing without counsel and entered
a plea of not guilty to the charge and specification.
The Investigating Officer introduced in evidence two exhibits. | Appeal No. 2428 | Suspension and Revocation Appeals Authority | 8/7/1986 | 8/7/1986 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2429 - ROBERTS | This appeal has been taken in accordance with 46 U.S.C. 7702
and 46 CFR 5.30-1.
By order dated 10 June 1985, an Administrative Law Judge of
the United States Coast Guard at New York, New York, admonished
Appellant upon finding proved the charge of misconduct. The
specification found proved alleges that while serving as pilot
aboard the Greek flag M/V VERGO, under the authority of the
captioned documents, on 4 September 1984, Appellant piloted the
vessel on the Delaware River from Fairless Steel Works, Trenton,
New Jersey, to Philadelphia, Pennsylvania, an are beyond the scope
of his license. Aa second charge, alleging negligence, was found
not proved and was dismissed.
The hearing was held at Philadelphia, Pennsylvania, on 28
March, 18 April, and 8 May 1985.
At the hearing Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification. | Appeal No. 2429 | Suspension and Revocation Appeals Authority | 8/5/1986 | 8/5/1986 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2430 - BARNHART | This appeal has been taken in accordance with 46 U.S.C. 7702
and 46 CFR 5.30-1.
By order dated 12 June 1985, an Administrative Law Judge of
the United States Coast Guard at Long Beach, California, revoked
Appellant's merchant mariner's document upon finding proved the
charge of misconduct. The specification supporting the charge
alleges that Appellant, while serving as pumpman on board the SS
LION OF CALIFORNIA, under authority of the captioned document, did
on or about 19 April 1985 at Berth 118, Los Angeles Harbor,
wrongfully have in his possession certain narcotics, to wit:
marijuana.
The hearing was held at Long Beach, California, on 10 and 24
May 1985.
Appellant appeared at the hearing without counsel and entered
a plea of not guilty to the charge and specification.
The Investigating Officer introduced in evidence three
exhibits and the testimony of one witness.
In defense, Appellant testified in his own behalf. | Appeal No. 2430 | Suspension and Revocation Appeals Authority | 8/4/1986 | 8/4/1986 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2431 - HERNANDEZ | This appeal has been taken in accordance with 46 U.S.C. 7702 and
46 CFR 5.30-1 (currently 46 CFR Part 5, Subpart J).
By order dated 28 February 1985, an Administrative Law Judge of
the United States Coast Guard at Houston, Texas, suspended Appellant's
document for one month outright plus an additional two months'
suspension on ten months' probation upon finding proved the charges of
misconduct and inattention to duty. The misconduct charge was
supported by two specifications. The specifications found proved
allege that Appellant, while serving as person in charge aboard T/B
NMS 1906, under authority of the captioned documents, on or about
1655, 27 January 1985, (1) did fail to insure that the cargo tank
butterworth covers were securely shut prior to cargo transfer
resulting in an oil spill into the Calcasieu River (33 CFR
156.120(e)), and (2) did transfer oil from said barge without the
required oil transfer procedures. The inattention to duty
specification found proved alleges that Appellant, while serving as
aforesaid, did fail to insure both of the required fire extinguishers
were in serviceable condition prior to cargo oil transfer.
The hearing was held at Port Arthur, Texas, on 19 February 1985.
At the hearing, Appellant appeared without professional counsel and
entered a plea of not guilty to the charges and supporting
specifications.
The Investigating Officer introduced in evidence six exhibits and
the testimony of two witnesses. In defense, Appellant introduced in
evidence two exhibits.
The Administrative Law Judge rendered a written Decision and
Order on 28 February 1985. He concluded that the charge and
specifications of misconduct and the charge and specification of
inattention to duty had been proved and suspended Appellant's document
for one month outright plus an additional two months' suspension on
ten months' probation. | Appeal No. 2431 | Suspension and Revocation Appeals Authority | 8/21/1986 | 8/21/1986 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2432 - LEON | This appeal has been taken in accordance with 46 U.SC. 7702
and former 46 CFR 5.30-1 (currently 46 CFR Part 5, Subpart J).
By order dated 18 June 1985, an Administrative Law Judge of
the United States Coast Guard at Norfolk, Virginia, revoked
Appellant's merchant mariner's document upon finding proved a
charge of misconduct. The charge was supported by three
specifications which alleged that appellant, while serving as A.B.
on board the S.S. STONEWALL JACKSON, on or about 1 February 1985
wrongfully failed to perform his duty as lookout by being asleep on
watch; on or about 3 February 1985 wrongfully failed to perform his
duty as lookout by not timely relieving the watch; and on or about
19 February 1985 had in his possession marijuana.
The hearing was held at Norfolk, Virginia, on 19 March, 2
April, 24 April, 15 May, and 21 May 1985. At the hearing,
Appellant was represented by professional counsel and entered a
plea of not guilty to the charges and supporting specifications.
The Investigating Officer introduced in evidence five exhibits
and the testimony of one witness. In defense, Appellant testified
on his own behalf, and introduced in evidence one exhibit and the
testimony of one additional witness. | Appeal No. 2432 | Suspension and Revocation Appeals Authority | 9/4/1986 | 9/4/1986 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2433 - BARNABY | This appeal has been taken in accordance with 46 U.S.C. 7702
and 46 CFR 5.701.
By order dated 3 February 1986, an Administrative Law Judge of
the United States Coast Guard at St. Louis, Missouri, revoked
Appellant's license upon finding proved the charges of "conviction
of a narcotic drug law violation" and "misconduct." The first
specification found proved alleges that, being the holder of the
captioned document, on or about 22 December 1978, Appellant was
convicted in the Circuit Court of Cook County, Illinois for
possession of cannabis, a dangerous drug with intent to distribute
a controlled dangerous substance, to wit: marijuana. The second
specification found proved alleges that Appellant, while making
application to the U.S. Coast Guard Regional Examination Center,
Toledo, Ohio for renewal of his license, misrepresented the
particulars of his prior record by failing to reveal a prior
conviction for possession of cannabis. | Appeal No. 2433 | Suspension and Revocation Appeals Authority | 9/22/1986 | 9/22/1986 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2434 - CORVELEYN | This appeal has been taken in accordance with 46 U.S.C. 7702
and 46 CFR 5.701.
By order dated 7 March 1986, an Administrative Law Judge of
the United States Coast Guard at Alameda, California, suspended
Appellant's license for six months remitted on twelve months'
probation upon finding proved the charge of Violation of
Regulation. The specification found proved alleges that while
serving as Master aboard the S.S. AMERICAN SPITFIRE, under the
authority of the captioned document, on or about 17 December 1985,
Appellant sailed from Midway Island in the Pacific Ocean with
incompatible cargo stowage in hold no. 2. The specification
further alleges that certain Class X-A explosives were incompatibly
stowed with certain Class VII explosives, in that the two were
separated by a structure made of wood boards that did not meet the
minimum requirements for a partition bulkhead, in violation of 46
CFR 146.29-51(a) and (b), the chart accompanying 46 CFR 146.29-99
and 46 CFR 146.29-100, and the definition of a partition bulkhead
at 46 CFR 146.29-11(c)(36). A second specification also alleging
a violation of regulation was found not proved and was dismissed by
the Administrative Law Judge. | Appeal No. 2434 | Suspension and Revocation Appeals Authority | 10/1/1986 | 10/1/1986 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2435 - BABER | This appeal has been taken in accordance with 46 U.S.C. 7702
and 46 CFR 5.701.
By order dated 22 January 1985, an Administrative Law Judge of
the United States Coast Guard at Miami, Florida, revoked
Appellant's license upon finding proved the charge of conviction
for a narcotic drug law violation. The specification found proved
alleges that, being the holder of the captioned document, on or
about 12 August 1983, Appellant was convicted by the Circuit Court
of Broward County, Florida for possession of cocaine, in violation
of F.S. 893.03(2)(a)(4) and F.S. 893.13(1)(e).
The hearing was held at Miami, Florida, on 22 January 1985.
Appellant appeared at the hearing without counsel and entered
a plea of guilty to the charge and specification.
The Investigating Officer introduced in evidence five
exhibits.
Appellant introduced in evidence one exhibit and his own
testimony. | Appeal No. 2435 | Suspension and Revocation Appeals Authority | 10/14/1986 | 10/14/1986 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2436 - STAFFNEY | This appeal has been taken in accordance with 46 USC 7702 and
46 CFR 5.701.
By order dated 1 November 1985, an Administrative Law Judge of
the United States Coast Guard at Jacksonville, Florida, suspended
Appellant's license for one month, remitted on three months'
probation, upon finding proved the charge of misconduct. The first
specification found proved alleges that Appellant, under the
authority of the captioned license, between 22 and 27 January 1985,
wrongfully operated the vessel ZENOVIA carrying passengers for hire
while the vessel was documented exclusively for pleasure, in
violation of 46 CFR 67.45-19. The second specification found
proved alleges that Appellant, under the authority of the captioned
license, during the same time period, wrongfully operated the
ZENOVIA carrying passengers for hire while liquified petroleum gas
was used, in violation of 46 CFR 25.45-1(a), 46 CFR 147.03-11 and
46 CFR 147.05-100 Table S. | Appeal No. 2436 | Suspension and Revocation Appeals Authority | 10/14/1986 | 10/14/1986 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2437 - SMITH | This review has been taken in accordance with 46 U.S.C. 7702 and
46 CFR Part 5, Subpart K.
By order dated 25 June 1985, an Administrative Law Judge of the
United States Coast Guard at St. Louis, Missouri, suspended
Respondent's license for three months on twelve months probation upon
finding proved the charge of negligence. The specification found
proved alleges that Respondent, while serving as Operator aboard the
M/V STEEL CHALLENGER, under the authority of the captioned document,
on or about 15 January 1985, failed to maintain adequate control of
his vessel and tow thereby allowing the tow to allide with the
Greenville Highway Bridge at Mile 531.3, Lower Mississippi River.
That order was appealed. On appeal, the Vice Commandant issued
an order in which he set aside the finding of the Administrative Law
Judge as to the charge of negligence, vacated the order suspending
Respondent's license, and remanded the case to the Administrative Law
Judge for further proceedings. Appeal Decision 2437 (SMITH).
On remand, the Administrative Law Judge reopened the hearing.
The reopened hearing was held at Memphis, Tennessee, on 3 March 1987. | Appeal No. 2437 | Suspension and Revocation Appeals Authority | 11/25/1987 | 11/25/1987 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2438 - TURNER | This appeal has been taken in accordance with 46 U.S.C. 7702
and former 46 CFR 5.30-1 (currently 46 CFR Part 5, Subpart J).
By order dated 19 July 1985, an Administrative Law Judge of
the United States Coast Guard at Houston, Texas, suspended
Appellant's license for six months upon finding proved the charges
of negligence and misconduct. The negligence specifications found
proved alleges that Appellant, while serving as operator aboard the
M/V GULF QUEEN, under authority of the captioned document, did on
or about 9 March 1985 fail to sound proper whistle signals, while
said vessel was at anchor in an area of restricted visibility, at
or near 28°55'N and 92°52'W in the Gulf of Mexico. The misconduct
specification found proved alleges that Appellant did, on or about
8 March 1985, proceed on a voyage of greater than 12 hours, without
the required number of licensed operators on board, at or near
28°55'N and 92°52'W in the Gulf of Mexico.
The hearing was held at Port Arthur, Texas, on 15 April 1985.
At the hearing, Appellant was represented by professional counsel
and entered a plea of not guilty to the charges and supporting
specifications. | Appeal No. 2438 | Suspension and Revocation Appeals Authority | 11/24/1986 | 11/24/1986 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2439 - FREDERICKS | This appeal has been taken in accordance with 46 CFR 5.707.
By order dated 22 September 1986, an Administrative Law Judge
of the United States Coast Guard at Norfolk, Virginia, revoked
Appellant's license upon finding proved charges of negligence and
misconduct. The negligence charge was supported by two
specifications which alleged that Appellant, while serving as
operator on board the M/V NATIVE SON, on or about 26 April 1986
negligently failed to keep clear while overtaking another vessel,
and negligently crossed the bow of another vessel, thus endangering
the life, limb and property of the passengers and crew aboard the
two vessels. The misconduct charge was supported by two
specifications which alleged that Appellant, while in preparation
for a trip from St. Thomas, U. S. Virgin Islands to Tortola,
British Virgin Islands, on or about 10 May 1986, failed to give a
safety orientation prior to getting underway or to have placards
posted as required by 46 CFR 185.25-1(d), and while acting in the
same capacity on the same date failed to have on board and
available for inspection his license as required by 46 CFR
185.10-1. | Appeal No. 2439 | Suspension and Revocation Appeals Authority | 12/5/1986 | 12/5/1986 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2440 - LYONS | This appeal has been taken in accordance with 46 CFR 5.707.
By order dated 3 October 1986, an Administrative Law Judge of
the United States Coast Guard at St. Louis, Missouri, suspended
Appellant's license and merchant mariner's document for one year
outright, plus an additional three months on eighteen months'
probation upon finding proved the charge of misconduct. The
specification found proved alleged that Appellant, while serving as
Pilot on board the M/V FEDERAL CALUMET, on or about 25 November
1985, wrongfully directed the movement of the vessel while under
the influence of an intoxicant.
On 13 October 1986, Appellant filed a notice of appeal and
requested a temporary license pending approval. The Administrative
Law Judge denied the request by order dated 22 October 1986. | Appeal No. 2440 | Suspension and Revocation Appeals Authority | 12/10/1986 | 12/10/1986 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2441 - HESTER | This appeal has been taken in accordance with 46 U.S.C. 7702
and 46 CFR 5.30-1.
By order dated 26 September 1985, an Administrative Law Judge
of the United States Coast Guard at New Orleans, Louisiana, revoked
Appellant's license upon finding proved the charge of "conviction
of a narcotic drug law violation." The specification found proved
alleges that, being the holder of the captioned document, on or
about 15 December 1983, Appellant was convicted by the State of
Mississippi, Circuit Court of Jackson County, of possession of
marijuana.
The hearing was held at New Orleans, Louisiana, on 25
September 1985.
Appellant appeared at the hearing without counsel. The
Administrative Law Judge entered on Appellant's behalf an answer of
denial to the charge and specification.
The Investigating Officer introduced in evidence five
exhibits. | Appeal No. 2441 | Suspension and Revocation Appeals Authority | 12/10/1986 | 12/10/1986 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2442 - ALLBRITTEN | This appeal has been taken in accordance with 46 USC 7702 and
46 CFR 5.701.
By order dated 6 November 1985, an Administrative Law Judge of
the United States Coast Guard at Jacksonville, Florida, suspended
Appellant's license for one month remitted on three months'
probation upon finding proved the charge of negligence. The
specification found proved alleges that Appellant, while serving as
operator aboard the M/V MIRIAM M. DEFELICE, under the authority of
the captioned document, while the vessel was towing the barge GULF
FLEET 263 and navigating in conditions of fog and restricted
visibility on the St. Johns River, failed to navigate the vessel
with caution causing the barge to strike the Buckman Bridge.
The hearing was held at Jacksonville, Florida, on 2 August; 5,
13 and 20 September; and 2 October 1985.
At the hearing Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification. | Appeal No. 2442 | Suspension and Revocation Appeals Authority | 12/16/1986 | 12/16/1986 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2443 - BRUCE | This appeal has been taken in accordance with 46 USC 7702 and
46 CFR 5.701.
By order dated 28 April 1986, an Administrative Law Judge of
the United States Coast Guard at Jacksonville, Florida, suspended
Appellant's license outright for one month, plus an additional six
months remitted on twelve months' probation upon finding proved the
charge of negligence. The specification alleges that Appellant,
while serving as operator aboard the M/V MIRIAM M. DEFELICE, under
the authority of the captioned document, failed to properly attain
and/or use available weather information prior to proceeding to sea
with the M/V MIRIAM M. DEFELICE and the tow GULF FLEET 263,
contributing to the failure of the towing connection and grounding
of the barge GULF FLEET 263. A second specification under the
charge of negligence, alleging a failure to properly examine towing
gear, was found not proved and was dismissed.
The hearing was held at Jacksonville, Florida, on 21 and 30
January 1986. | Appeal No. 2443 | Suspension and Revocation Appeals Authority | 1/5/1987 | 1/5/1987 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2444 - RABATSKY | This appeal has been taken in accordance with 46 USC 7702 and 46
CFR 5.701.
By order dated 11 July 1986, an Administrative Law Judge of the
united States Coast Guard at St. Louis, Missouri, suspended Appellant's
license for three months remitted on twelve months' probation upon
finding proved the charge of misconduct. The specification found proved
alleges that on or about June 26, 1985, Appellant, while serving as
operator aboard the M/V JOHN M. SELVICK, under the authority of the
captioned document, operated the vessel and two on Lake Michigan during
a period of darkness without ensuring that the tow was equipped with
adequate navigational sidelights as required by Rules 22 and 24 of the
Inland Navigational Rules.
The hearing was held at Chicago, Illinois on 20 March 1986.
At the hearing Appellant was represented by professional counsel
and denied the charge and specification.
The Investigating Officer introduced in evidence ten exhibits and
the testimony of one witness. | Appeal No. 2444 | Suspension and Revocation Appeals Authority | 2/10/1987 | 2/10/1987 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2445 - MATHISON | This appeal has been taken in accordance with 46 USC 7702 and
46 CFR 5.701.
By order dated 16 January 1986, an Administrative Law Judge of
the United States Coast Guard at Jacksonville, Florida, suspended
Appellant's license for two months, remitted on twelve months'
probation upon finding proved the charge of misconduct. The
specification found proved alleges that Appellant, while serving as
operator aboard the M/V BELCHER PENSACOLA, under the authority of
the captioned document, on or about 20 July 1984, after an
underwater survey and the unauthorized repair of tank barge Belcher
No. 35 at Key West, Florida, wrongfully failed to make known to
officials designated to enforce inspection laws, at the earliest
opportunity, a marine casualty producing serious injury to said
tank barge in violation of 46 USC 3315.
The hearing was held at Miami, Florida. on 13 March 1985.
At the hearing Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification. | Appeal No. 2445 | Suspension and Revocation Appeals Authority | 3/6/1987 | 3/6/1987 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2446 - WATSON | This appeal has been taken in accordance with 46 USC 7702 and
46 CFR 5.701.
By order dated 11 July 1986, an Administrative Law Judge of
the United States Coast Guard at St. Louis, Missouri, suspended
Appellant's license for four months outright plus an additional
four months remitted on twelve months' probation upon finding
proved the charge of misconduct. The specification found proved
alleges that on or about September 1, 1985, Appellant, while
serving as operator aboard the M/V ETTA KELCE, under the authority
of the captioned document, failed to post a proper lookout, a
violation of Rule 5 of the Inland Rules of the Road, at
approximately Mile 44 on the Kanawha River, West Virginia.
The hearing was held at St. Louis, Missouri on 15 April 1986.
At the hearing Appellant was represented by professional
counsel and denied the charge and specifications.
The Investigating Officer introduced in evidence four exhibits
and the testimony of two witnesses. | Appeal No. 2446 | Suspension and Revocation Appeals Authority | 3/19/1987 | 3/19/1987 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2447 - HODNETT | This appeal has been taken in accordance with 46 USC 7702 and
46 CFR 5.701.
By order dated 16 January 1986, an Administrative Law Judge of
the United States Coast Guard at Jacksonville, Florida, suspended
Appellant's license for two months, remitted on twelve months'
probation upon finding proved the charge of misconduct. The charge
was supported by two specifications. The first specification found
proved alleges that Appellant, while serving as operator aboard the
M/V BELCHER PENSACOLA, under the authority of the captioned
document, on or about 18 July 1984, wrongfully failed to give
notice as soon as possible to the nearest Coast Guard Marine Safety
Office of the accidental grounding of tank barge Belcher No. 35,
under tow of the BELCHER PENSACOLA, as required by 46 CFR 4.05-1.
The second specification found proved alleges that Appellant, while
acting in the same capacity, on or about 19 July 1984, after an
underwater survey and the unauthorized repair of tank barge Belcher
No. 35 at Key West, Florida, wrongfully failed to make known to
officials designated to enforce inspection laws, at the earliest
opportunity, a marine casualty producing serious injury to said
tank barge. | Appeal No. 2447 | Suspension and Revocation Appeals Authority | 4/10/1987 | 4/10/1987 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2448 - POWER | This appeal has been taken in accordance with 46 U.S.C. 7702
and 46 CFR 5.30-1.
By order dated 29 May 1985, an Administrative Law Judge of the
United States Coast Guard at New York, New York, suspended
Appellant's license for one month outright, plus and additional two
months remitted on nine months' probation upon finding proved the
charges of misconduct and negligence. The specification under the
misconduct charge alleges that while serving as Docking Pilot
aboard the M/V VERGO, under the authority of the captioned
documents, on or about 1 September 1984, Appellant piloted the
vessel in Newbold Channel, Delaware River, an area beyond the scope
of his license. The specification under the negligence charge
alleges that, while serving in the same capacity on the same date,
Appellant caused the vessel to ground in the Delaware River.
The hearing was held at Philadelphia, Pennsylvania, on 26
March and 16 April 1985.
At the hearing Appellant was represented by professional
counsel and entered a plea of not guilty to the charges and
specifications. | Appeal No. 2448 | Suspension and Revocation Appeals Authority | 6/8/1987 | 6/8/1987 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2449 - VANRIGHT | This appeal has been taken in accordance with 46 U.S.C. 7702 and
46 CFR 5.30-1.
By order dated 5 June 1986, an Administrative Law Judge of the
United States Coast Guard at Houston, Texas, suspended Appellant's
license and merchant mariner's document for six months outright, plus
an additional six months remitted on twelve months' probation upon
finding proved the charge of misconduct. The charge was supported buy
two specifications, both of which were found proved. The first
specification alleged that on or about 17 January 1986, Appellant,
while serving as second assistant engineer aboard the SS OVERSEAS
ALASKA, under the authority of the captioned documents, while the
vessel was at sea and Appellant was on watch, wrongfully failed to
obey the direct order of the first assistant engineer in that
Appellant failed to leave the engine room area and go to the operating
platform. The second specification alleges that Appellant, on the
same date and while serving in the same capacity, wrongfully assaulted
the first assistant engineer with a hammer, and assaulted and battered
the first assistant engineer with his fists, resulting in injury to
the first assistant engineer. | Appeal No. 2449 | Suspension and Revocation Appeals Authority | 6/8/1987 | 6/8/1987 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2450 - FREDERICKS | This appeal has been taken in accordance with 46 U.S.C. 7702
and 46 CFR 701.
By order dated 22 September 1986, an Administrative Law Judge
of the United States Coast Guard at Norfolk, Virginia revoked
Appellant's license upon finding proved charges of negligence and
misconduct. The negligence charge was supported by two
specifications which alleged that Appellant, while serving as
operator on board the M/V NATIVE SON, on or about 26 April 1986
negligently failed to keep clear while overtaking another vessel,
and negligently crossed the bow of another vessel, thus endangering
the life, limb and property of the passengers and crew aboard the
two vessels. The misconduct charge was supported by two
specifications which alleged that Appellant, while in preparation
for a trip from St. Thomas, U.S. Virgin Islands to Tortola, British
Virgin Islands, on or about 10 May 1986, failed to give a safety
orientation prior to getting underway or to have placards posted as
required by 46 CFR 185.25-1(d), and while acting in the same
capacity on the same date failed to have on board and available for
inspection his license as required by 46 CFR 185.10-1. | Appeal No. 2450 | Suspension and Revocation Appeals Authority | 6/11/1987 | 6/11/1987 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2402 - POPE | This appeal has been taken in accordance with 46 U.S.C. 7702
and 46 CFR 5. 30-1.
By order dated 27 February 1985, an Administrative Law Judge
of the United States Coast Guard at St. Louis, Missouri, suspended
Appellant's merchant mariner's license for a period of two months
plus an additional four months on eighteen month's probation upon
finding him guilty of negligence. The specification found proved
alleges that, while navigating the M/V CITY OF GREENVILLE under the
authority of his license on or about 2 April 1983, Appellant failed
to maintain proper control of his vessel and tow resulting in an
allision with the Poplar Street Bridge at mile 179.2 of the Upper
Mississippi River.
The hearing was held at Memphis, Tennessee from 6 to 9
December 1983.
At the hearing, appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification. | Appeal No. 2402 | Suspension and Revocation Appeals Authority | 8/2/1985 | 8/2/1985 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2392 - BUSINELLE | This appeal has been taken in accordance with Title 46 U.S.C.
7702 and 46 CFR 5.30-1.
By order dated 12 July 1984, an Administrative Law Judge of
the United States Coast Guard at Houston, Texas, suspended
Appellant's license and document for one month plus an additional
two months on six months' probation upon finding proved the charge
of misconduct. The specification found proved alleges that while
serving as Master aboard the M/V POINT CHALEUR, under authority of
the captioned documents, Appellant did, on or about 4 May 1984,
operate the M/V POINT CHALEUR without a licensed chief engineer on
board as required by the vessel's Certificate of Inspection.
The hearing was held at Corpus Christi, Texas, on 5 June 1984.
At the hearing, Appellant elected to represent himself and
entered a plea of guilty to the charge and specification.
The Investigating Officer introduced in evidence five
exhibits.
In defense, Appellant introduced in evidence his own testimony
and one exhibit. | Appeal No. 2392 | Suspension and Revocation Appeals Authority | 6/13/1985 | 6/13/1985 | | 12/7/2017 |
| Suspension and Revocation Appeals Authority | 2393 - STEWART | This appeal has been taken in accordance with Title 46 U.S.C.
239(g) and 46 CFR 5.30-l.
By order dated 3 August l982, an Administrative Law Judge of the
United States Coast Guard at Boston, Massachusetts, suspended
Appellant's license for two months upon finding him guilty of
negligence. The specification found proved alleges that, while
serving as undocking master on board the M/V AL-TAHA, under authority
of the captioned license on 19 January 1982, Appellant did navigate
the M/V AL-TAHA aground on a charted shoal in Boston Harbor,
Massachusetts.
The hearing was conducted in Boston, Massachusetts, on
12 and 14 April and 3 May 1982.
At the hearing Appellant was represented by counsel and entered a
plea of not guilty to the charge and the specification.
The Investigating Officer introduced in evidence the testimony of
four witnesses and eighteen exhibits. | Appeal No. 2393 | Suspension and Revocation Appeals Authority | 7/5/1985 | 7/5/1985 | | 12/7/2017 |