| Suspension and Revocation Appeals Authority | 2548 - SWEENEY | A petition for stay of the effect of Vice Commandant
Decision on Appeal 2546 has been taken pursuant to 46
C.F.R. 5.715.
BACKGROUND
By an order dated 21 June 1991, an Administrative Law Judge
of the United States Coast Guard at Alameda, California suspended
Appellant's License and Merchant Mariner's Document outright for
six months with six additional months suspension remitted on twelve months probation, upon finding proved the charge of use of
dangerous drugs. The single specification supporting the charge
alleged that, on or about 27 December 1990, Appellant wrongfully
used marijuana as evidenced by a urine specimen collected on that
date pursuant to a drug test program required by his employer,
San Francisco Bar Pilot Association.
The Administrative Law Judge's final order suspending all
licenses and documents issued to Appellant was entered on 21 June
1991. Service of the Decision and Order was made on 28 June
1991. Appellant filed a notice of appeal on 2 July 1991. On 3
July 1991, the Administrative Law Judge granted Appellant's
written request for a temporary license in accordance with 46
C.F.R. 5.707. Appellant subsequently perfected his appeal by
filing an appellate brief on 1 August 1991. On 3 January 1992,
the temporary license was reissued with the Commandant's
authorization. On 18 February 1992, without deciding the merits
of Appellant's appeal, Decision on Appeal 2535
remanded the case back to the Administrative Law Judge, and
directed him to reopen the hearing for the reasons discussed
therein. (Decision on Appeal 2535 at 9). | Appeal No. 2548 | Suspension and Revocation Appeals Authority | 10/9/1992 | 10/9/1992 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2711 - TROSCLAIR | APPEARANCES
For the Government:
Bruce L. Davies, Esq.
CWO James R. Mints, USCG
Coast Guard Marine Safety Unit Port Arthur
For the Respondent:
Christopher H. Riviere, Esq.
William N. Abel, Esq.
Law Office of Christopher H. Riviere
Administrative Law Judge: Bruce Tucker Smith
This appeal is taken in accordance with 46 U.S.C. Chapter 77, 46 C.F.R. Part 5 and
33 C.F.R. Part 20.
By a Decision and Order (hereinafter "D&O") dated April 23, 2014, an Administrative
Law Judge (hereinafter "ALJ") of the United States Coast Guard revoked the Merchant Mariner
Credential of Mr. Byron Anthony Trosclair (hereinafter "Respondent") upon finding proved two
specifications of negligence and one specification of misconduct.
The first negligence specification alleges that Respondent, while acting under the authority of his Coast Guard-issued license as Master of the STARFLEET PATRIOT, was negligent in that
he failed to ensure that the STARFLEET PA TRI OT was positioned close enough to the platform
that was the destination of his passengers to ensure the safe swing rope transfers of the passengers,
and intentionally made the swing rope transfers more difficult than necessary in order to provide
"training" for the passengers that were transferring from the ST ARFLEET PATRIOT to the
platform.
The second negligence specification alleges that Respondent, while in the same capacity,
was negligent in that he failed to have the vessel's rescue ladder/platform in a ready position
during passenger transfers from the ST ARFLEET PA TRI OT to the work platform, and failed to
provide any rescue assistance to a passenger who had fallen overboard while attempting to swing
from the vessel to the platform.
The misconduct specification alleges that Respondent, while in the same capacity, violated
46 U.S.C. § 2303 by wrongfully failing to render assistance to an overboard passenger after a
marine casualty. | Appeal No. 2711 | Suspension and Revocation Appeals Authority | 12/1/2015 | 12/1/2015 | | 10/31/2017 |
| Suspension and Revocation Appeals Authority | 2702 - CARROLL | APPEARANCES
For the Government:
CWO Christian Menefee, USCG
L T Christopher L. Jones, USCG
Coast Guard Sector Houston/Galveston
Mr. Gary F. Ball
Suspension and Revocation National Center of Expertise
For Respondent:
Vuk S. Vujasinovic, Esq.
Kenneth B. Fenelon, Jr., Esq.
Vujasinovic & Beckcom, PLLC
Administrative Law Judge: Dean C. Metry
This appeal is taken in accordance with 46 U.S.C. § 7701 et seq., 46 C.F.R. Part 5, and the
procedures in 33 C.P.R. Part 20.
By a Decision and Order (hereinafter "0&0,.) dated January 20, 2012, an Administrative
Law Judge (hereinafter "ALJ") of the United States Coast Guard suspended the Merchant Mariner
License of Mr. Shean Mason Carroll (hereinafter "Respondent") for twenty-four months upon
finding proved two charges of misconduct in violation of 46 U.S.C. § 7703(1 )(b) and 46 C.F.R. § 5.27, by refusing a drug test. The specifications found proved alleged that on February 5, 2010,
Respondent refused a drug test, following a determination that the temperature of his urine sample
was outside the acceptable range, by failing to raise and lower his clothing to permit the observer
to determine that he did not have a prosthetic device, and by possessing or wearing a prosthetic
device that could be used to interfere with the sample collection process. The Coast Guard
appeals. | Appeal No. 2702 | Suspension and Revocation Appeals Authority | 10/10/2013 | 10/10/2013 | | 10/31/2017 |
| Suspension and Revocation Appeals Authority | 2704 - FRANKS | APPEARANCES
For the Government:
CWO Christian Menefee, USCG
LT Christopher Jones, USCG
Coast Guard Sector Houston/Galveston
Mr. Brian C. Crockett
Suspension and Revocation National Center of Expertise
For Respondent:
Michael Aaron Franks, pro se
Administrative Law Judge: Dean C. Metry
This appeal is taken in accordance with 46 U.S.C. § 7701 et seq., 46 C.F.R. Part 5, and the
procedures in 33 C.F.R. Part 20.
By a Decision and Order (hereinafter “D&O”) dated November 16, 2011, an
Administrative Law Judge (hereinafter “ALJ”) of the United States Coast Guard dismissed the
Coast Guard’s Complaint against Mr. Michael Aaron Franks (hereinafter “Respondent”). The
Complaint alleged that Respondent was a user of or was addicted to the use of dangerous drugs.
While the ALJ found that Respondent tested positive for cocaine metabolites during a drug test, because the ALJ determined that Respondent’s drug test was not conducted in accordance with the
regulatory requirements of 46 C.F.R. Part 16 (the Coast Guard’s chemical testing requirements),
the ALJ found the Coast Guard’s Complaint Not Proved and dismissed the matter with prejudice. | Appeal No. 2704 | Suspension and Revocation Appeals Authority | 7/30/2014 | 7/30/2014 | | 10/31/2017 |
| Suspension and Revocation Appeals Authority | 2708 - SOLOMON | APPEARANCES
For the Government:
CWO Dan Sammons, USCG
LT John D. Nee, USCG
Senior Investigating Officer Mark Gibbs
For Respondent:
Graham W. Syfert, Esq.
Administrative Law Judge: Dean C. Metry
This appeal is taken in accordance with 46 U.S.C. Chapter 77, 46 C.F.R. Part 5, and
33 C.F.R. Part 20.
By a Decision and Order (hereinafter "D&O") dated May 15, 20 ~ 3, an Administrative Law
Judge (hereinafter "AU") of the United States Coast Guard suspended the Merchant Mariner
Document of Ms. Simone Joyce Solomon (hereinafter "Respondent") for fourteen months upon
finding proved one charge of misconduct. The specification found proved alleges that on July 2,
2012, Respondent, while serving as a crewmember aboard the vessel ALLIANCE
CHARLESTON, refused a chemical test, in violation of 49 C.F .R. § 40.191 (b ), by submitting what
according to 49 C.F.R. § 40.93(b) was a substituted specimen. | Appeal No. 2708 | Suspension and Revocation Appeals Authority | 5/18/2015 | 5/18/2015 | | 10/31/2017 |
| Suspension and Revocation Appeals Authority | 2715 - SOLOMON | APPEARANCES
For the Government:
CWO Dan Sammons, USCG
LT John D. Nee, USCG
Senior Investigating Officer Mark Gibbs
For Respondent:
Graham W. Syfert, Esq.
Administrative Law Judge: Dean C. Metry
This appeal is taken in accordance with 46 U.S.C. Chapter 77, 46 C.F.R. Part 5, and
33 C.F.R. Part 20.
By a Decision and Order (hereinafter "D&O") dated May 15, 2013, an Administrative Law
Judge of the United States Coast Guard (hereinafter "ALJ") suspended the Merchant Mariner
Document of Ms. Simone Joyce Solomon (hereinafter "Respondent") for fourteen months upon
finding proved one charge of misconduct. The specification found proved alleged that on July 2,
2012, Respondent, while serving as a crewmember aboard the vessel ALLIANCE
CHARLESTON, refused a chemical test, in violation of 49 C.F.R. § 40.191(b), by submitting what
according to 49 C.F.R. § 40.93(b) was a substituted urine specimen.
Respondent subsequently appealed the D&O to the Commandant, United States Coast
Guard, who affirmed the D&O. Respondent then appealed to the National Transportation Safety
Board (NTSB). In Zukunft v. Solomon, NTSB Order No. EM-213 (March 24, 2016), the NTSB
remanded the matter for further examination of salient issues.
The parties now advise that they have reached a tentative settlement agreement, and
request that the matter be remanded to the ALJ to allow the agreement to be effected. | Appeal No. 2715 | Suspension and Revocation Appeals Authority | 10/3/2016 | 10/3/2016 | | 10/31/2017 |
| Suspension and Revocation Appeals Authority | 2710 - HOPPER | APPEARANCES
For the Government:
Gary F. Ball, Esq.
LT Takila S. Powell, USCG
For Respondent:
William B. Hidalgo, Esq.
Administrative Law Judge: Bruce Tucker Smith
This appeal is taken in accordance with 46 U.S.C. Chapter 77, 46 C.F.R. Part 5, and the
procedures in 33 C.F.R. Part 20.
By a Decision and Order (hereinafter “D&O”) dated September 10, 2014, an
Administrative Law Judge (hereinafter “ALJ”) of the United States Coast Guard dismissed with
prejudice the Coast Guard’s Complaint seeking revocation of the Merchant Mariner Credential
of Mr. Nelson Greg Hopper (hereinafter “Respondent”). The Complaint charged Respondent
with use of, or addiction to the use of, dangerous drugs. The Complaint alleged that Respondent
participated in a random drug test and his samples tested positive for cocaine metabolites. The
ALJ found that the Coast Guard had failed to establish a prima facie case because it did not
prove that Respondent had been ordered to test in accordance with 46 C.F.R. Part 16. Although the record shows that the service agent for Respondent’s employer used a computer-based
random number generator to produce a list of vessels for drug testing, which included the vessel
in which Respondent served, the ALJ found that the Coast Guard had failed to prove that the
selection was random because it did not establish that the selection was made by a scientifically
valid method. | Appeal No. 2710 | Suspension and Revocation Appeals Authority | 10/13/2015 | 10/13/2015 | | 10/31/2017 |
| Suspension and Revocation Appeals Authority | 2716 - CHESBROUGH temp, license | APPEARANCES
For the Government:
LCDR Benjamin M. Robinson
Coast Guard Sector Columbia River
Respondent:
Mr. Richard Albert Chesbrough, pro se
Administrative Law Judge: George J. Jordan
This appeal is taken in accordance with 46 U.S.C. Chapter 77, 46 C.F.R. Part 5, and
33 C.F.R. Part 20.
On July 26, 2016, an Administrative Law Judge (hereinafter "ALJ") of the United States
Coast Guard issued a Decision and Order revoking the Merchant Mariner Credentials of
Mr. Richard A. Chesbrough (hereinafter "Respondent") upon finding proved two specifications
of misconduct, and one specification of conviction of an offense that would preclude issuance of : "
a Coast Guard MMC.
On July 22, 2016, Respondent filed a Notice of Appeal in the matter. He perfected his
appeal by filing an Appellate Brief on August 30, 2016. In a letter dated August 3 0, 2016, Respondent requested issuance of a Temporary
Mariner Credential as appellate action commenced in his case. The ALJ considered
Respondent's request and, on October 13, 2016, issued a Decision and Order denying issuance of
a temporary credential to Respondent. Via letter dated October 29, 2016, Respondent attacks the
ALJ's denial of a temporary credential, among other things, and requests that his credential be
returned to him while he waits for the outcome of his case. I am treating this as an appeal of the
ALJ's denial of his request for a temporary credential.
The ALJ's decision on the temporary credential refers to all tlu·ee of the allegations found
proved: Allegations Two (misconduct: making a false statement in a casualty investigation),
Three (misconduct: attempting to induce a witness to testify falsely in a marine casualty
investigation), and Six (conviction of an offense that would prevent the issuance or renewal of a
MMC). | Appeal No. 2716 | Suspension and Revocation Appeals Authority | 3/23/2017 | 3/23/2017 | | 10/31/2017 |
| Suspension and Revocation Appeals Authority | 2712 - MORRIS | APPEARANCES
For the Government:
LCDR Maureen D. Johnson, USCG
Mr. John J. Hulslander
Coast Guard Sector Buffalo
For Respondent:
Mrs. Ana Magdalena Morris, as Representative
Administrative Law Judge: Michael J. Devine
This appeal is taken in accordance with 46 U.S.C. Chapter 77, 46 C.F.R. Part 5 and 33 C.F.R. Part 20.
By a Decision and Order (hereinafter "D&O") dated March 7, 2013, an Administrative Law Judge (hereinafter "ALJ") of the United States Coast Guard dismissed the Complaint against the Merchant Mariner Document of Mr. Kwame Rey Morris (hereinafter "Respondent"). The Coast Guard Complaint charged use of or addiction to the use of dangerous drugs, specifically
alleging that Respondent submitted to a random drug test, and that the specimen he provided tested positive for the presence of cocaine metabolites. Upon determining that the Coast Guard failed to provide substantial evidence that Respondent's positive drug test met all the elements of a prima facie case, the ALJ found the
charge not proved and dismissed the complaint with prejudice. | Appeal No. 2712 | Suspension and Revocation Appeals Authority | 1/5/2016 | 1/5/2016 | | 10/31/2017 |
| Suspension and Revocation Appeals Authority | 2709 - COFFY | APPEARANCES
For the Government:
LT Gregory J. Knoll, USCG
LT Jessica L. Bohn, USCG
LT Eric L. Sumpter, USCG
Coast Guard Sector Hampton Roads
Respondent:
Mr. William Tee Coffy, pro se
Administrative Law Judge: Michael J. Devine
This appeal is taken in accordance with 46 U.S.C. Chapter 77, 46 C.F.R. Part 5 and
33 C.F.R. Part 20.
By a Decision and Order (hereinafter "D&O") dated January 7, 2013, an Administrative
Law Judge (hereinafter "ALJ") of the United States Coast Guard revoked the Merchant Mariner
Credential of Mr. William Tee Coffy (hereinafter "Respondent") upon finding proved one
specification of use of or addiction to the use of dangerous drugs.
The specification found proved alleges that Respondent submitted to a random drug test on
May 3, 2012, and that the specimen that he provided subsequently tested positive for the presence
of cocaine metabolites. | Appeal No. 2709 | Suspension and Revocation Appeals Authority | 6/3/2015 | 6/3/2015 | | 10/31/2017 |
| Suspension and Revocation Appeals Authority | 2703 - WEBER | APPEARANCES
For the Government:
LT Jeff A. Fry, USCG
James P. Fink, USCG
For Respondent:
Terry D. Weber, prose
Administrative Law Judge: Walter J. Brudzinski
This appeal is taken in accordance with 46 U.S.C. § 7701 et seq., 46 C.P.R. Part 5, and the
procedures in 33 C.F.R. Part 20.
By a Decision and Order (hereinafter "D&O") dated September 22, 2011, an
Administrative Law Judge (hereinafter "AU") of the United States Coast Guard revoked the
Merchant Mariner License of Mr. Terry D. Weber (hereinafter "Respondent") upon finding
proved a charge of use of dangerous drugs in violation of 46 U.S.C. § 7704(c) and 46 C.F.R. §
5.35. The specification found proved alleged that on January 31, 2011, Respondent submitted to a
random drug test and provided a urine sample that tested positive for the presence of marijuana
metabolites. | Appeal No. 2703 | Suspension and Revocation Appeals Authority | 11/4/2013 | 11/4/2013 | | 10/31/2017 |
| Suspension and Revocation Appeals Authority | 2706 - CHESBROUGH | APPEARANCES
For the Government:
LT Kimberly D. Rule, USCG
Coast Guard Marine Safety Unit Portland
Respondent Pro se
Administrative Law Judge: George J. Jordan
This appeal is taken in accordance with 46 U.S.C. Chapter 77, 46 C.F.R. Part 5 and
33 C.F.R. Part 20.
By a Decision and Order (hereinafter "D&O") dated July 25, 2012, an Administrative Law
Judge (hereinafter "AU") of the United States Coast Guard suspended the Merchant Mariner
License of Mr. Richard Albert Chesbrough (hereinafter "Respondent") for two months outright
and ordered a further two months suspension on eighteen months probation upon finding proved
one specification of misconduct and one specification of negligence.
The misconduct specification alleges that on April 12, 2011, Respondent, while acting
under the authority of his Coast Guard-issued mariner license, committed misconduct by
navigating the vessel WILLAMETTE QUEEN from the Willamette Slough into the Willamette River in violation of the vessel's Certificate of Inspection, which limited operation of the vessel to
the Willamette Slough when the river gauge at Salem reads 11 feet or more, as it did on the
relevant date. The negligence specification alleges the same facts and further alleges that
Respondent acted negligently by failing to check the river gauge at Salem to ascertain the river's
stage, by operating the vessel outside the conditions of its Certificate of Inspection, and by
grounding the vessel at Mile 85 on the Willamette River. | Appeal No. 2706 | Suspension and Revocation Appeals Authority | 1/23/2015 | 1/23/2015 | | 10/31/2017 |
| Suspension and Revocation Appeals Authority | 2707 - CHESBROUGH II | APPEARANCES
For the Government:
LT Kimberly D. Rule, USCG
CWO John Nay, USCG
Coast Guard Marine Safety Unit Portland
For the Respondent:
Mr. Richard Albert Chesbrough
Co-Representative: Mr. Scott Clifford
Vancouver, Washington
Administrative Law Judge: George J. Jordan
This appeal is taken in accordance with 46 U.S.C. Chapter 77, 46 C.F.R. Part 5 and
33 C.F.R. Part 20.
By a Decision and Order (hereinafter "D&O") dated September 18, 2013, an
Administrative Law Judge (hereinafter "ALJ") of the United States Coast Guard suspended the
Merchant Mariner Credential of Mr. Richard Albert Chesbrough (hereinafter "Respondent") for
two months upon finding proved one specification of misconduct.
The misconduct specification alleges that on May 9, 2012, Respondent, while acting under
the authority of his Coast Guard-issued mariner license, committed misconduct by navigating the
vessel WILLAMETTE QUEEN from the Willamette Slough into the Willamette River in
violation of the vessel's Certificate of Inspection, which limited operation of the vessel to the
Willamette Slough when the river gauge at Salem reads 11 ft or more, as it did on the relevant date. | Appeal No. 2707 | Suspension and Revocation Appeals Authority | 1/23/2015 | 1/23/2015 | | 10/31/2017 |
| Suspension and Revocation Appeals Authority | 2705 - PLENDER | APPEARANCES
For the Government:
Mr. Gary F. Ball
VICE COMMANDANT
ON APPEAL
NO. • 27 0 5
Suspension and Revocation National Center of Expertise
For Respondent:
William Hewig III, Esq.
Kopelman and Paige, P.C.
Administrative Law Judge: Walter J. Brudzinski
This appeal is taken in accordance with 46 U.S.C. § 7701, et seq., 46 C.F.R. Part 5, and the
procedures in 33 C.F .R. Part 20.
By a Decision and Order (hereinafter "D&O") dated September 17, 2012, an
Administrative Law Judge (hereinafter "ALJ") of the United States Coast Guard revoked the
Merchant Mariner Credentials issued to Mr. Kirk C. Plender (hereinafter "Respondent") upon
finding proved one charge of incompetence.
The specification found proved alleges the following. Respondent submitted a completed
Merchant Mariner Physical Examination Report (Form CG-719K) to the Coast Guard on February 18, 2010. His Implantable Cardioverter Defibrillator (hereinafter "ICD") and underlying
cardiac conditions documented in the Form CG-719K rendered him physically incompetent and
unfit for merchant mariner duties. The Coast Guard National Maritime Center (hereinafter
''NMC"), on March 22, 2010, informed Respondent that he was not medically fit for merchant
mariner duties due to the heart condition and ICD. Thereafter, on multiple occasions between
March 22, 2010, and November 21, 2011, Respondent served onboard American President Lines
(hereinafter "APL") vessels as Chief Mate, a safety-sensitive position required by the vessels'
Certificates of Inspection. Finally, the specification alleges that by so serving while not medically
fit to do so, Respondent committed an act of incompetence. | Appeal No. 2705 | Suspension and Revocation Appeals Authority | 10/1/2014 | 10/1/2014 | | 10/31/2017 |
| Suspension and Revocation Appeals Authority | 2713 - SCOTO | APPEARANCES
For the Government:
Mr. Gary F. Ball, Esq.
Mr. James P. Fink
Suspension and Revocation National Center of Expertise
For Respondent:
Mr. Terrence S. Cox, Esq.
Courtney M. Crawford, Esq.
Cox, Wooten, Griffen, Hanson & Poulos, LLP
Administrative Law Judge: Parlen L. McKenna
This appeal is taken in accordance with 46 U.S.C. Chapter 77, 46 C.F.R. Part 5, and 33
C.F .R. Part 20.
By a Decision and Order (hereinafter "D&O") dated November 7, 2011, an Administrative
Law Judge (hereinafter "ALJ") of the United States Coast Guard ordered the suspension of
Respondent's Coast Guard-issued Merchant Mariner License for one month upon finding proved
one allegation of misconduct. The Coast Guard properly appealed. I have learned that Respondent
passed away following the filing of the Coast Guard's appeal.
Past Commandant's Decisions on Appeal have held that when a Respondent dies during
the pendency of his appeal, the ALJ's order should be vacated and the Coast Guard's Complaint
against his mariner credential should be dismissed. Appeal Decision 2684 (SCARBOUGH)
(2009);Appeal Decision 2134 (JOHNSON) (1978) (citing Melrose Distillers, Inc. v. United States,
359 U.S. 271, 272 (1959)). This result mirrors the custom in Federal practice to abate the
proceeding ab initio when the defendant dies. "The only fair and reasonable disposition [of the
pending litigation when a Respondent dies] is to wipe the slate clean" by dismissing the matter.
JOHNSON at 3.
This case is distinguishable from the two precedents cited in that the Government rather
than the Respondent has lodged the appeal. The result should, nonetheless, remain the same. See
DiOrio v. Nicholson, 216 Fed.Appx. 974 (2007) (when the Government appealed a veteran's
benefit decision and the veteran died during the pendency of that appeal, the decision was
vacated). | Appeal No. 2713 | Suspension and Revocation Appeals Authority | 1/5/2016 | 1/5/2016 | | 10/31/2017 |
| Suspension and Revocation Appeals Authority | 1993 - FRACCARO | Appellant appeals under 46 U.S.C. 239(g) and 46 CFR 137.30-1
from three orders entered by an Administrative Law Judge of the U.
S. Coast Guard after hearing held at Oswego, New York, on several
dates in April 1969. The charges of misconduct all involved
service as a Great Lakes pilot aboard three foreign vessels: M/V
SAKUMO LAGOON, M/V BENGKALIS, and M/V THERON.
On 28 January 1969, Appellant was served with charges of
misconduct for hearing to commence on 16 April 1969. The offenses
alleged were that while serving under authority of his license as
pilot:
(1) aboard the Ghanian SAKUMO LAGOON on 25 September 1968,
Appellant overtook SS CARSON J. CALLAWAY in the St.
Lawrence River without obtaining a whistle signal
assenting to an overtaking proposal in violation of 33
CFR 90.8, and
(2) aboard the Canadian THERON on 30 November 1968 navigated
the vessel on the St. Lawrence River in excess of the
prescribed speed. | Appeal No. 1993 | Suspension and Revocation Appeals Authority | 12/30/1973 | 12/30/1973 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2714 - EAJA DAVIS | APPLICATION FOR ATTORNEY'S FEES FROM THE UNITED STATES COAST
GUARD
APPEARANCES
For the Government:
Mr. Brian C. Crockett, Esq.
Suspension and Revocation National Center of Expertise
For Applicant:
Mr. Brian McEwing, Esq.
Reeves McEwing, LLP
Administrative Law Judge: Walter J. Brudzinski
This appeal is taken in accordance with 5 U.S.C. § 504 and 49 C.F.R. Part 6.
By order dated June 5, 2014, an Administrative Law Judge (ALJ") of the United States
Coast Guard denied the application for attorney's fees and expenses of Clint Walker Davis, Jr.
("Applicant"), incurred as a result of defending himself at a Suspension and Revocationproceeding ("S&R proceeding") against a charge of use of or addiction to the use of dangerous
drugs brought by the Coast Guard against his merchant mariner credential.
In its Complaint, the Coast Guard alleged that Applicant, an active-duty Coast Guard
member, also the holder of a Coast Guard-issued merchant mariner credential, submitted to a
Coast Guard-mandated random drug test on January 11, 2012. The urine sample allegedly
provided by Applicant subsequently tested positive for the presence of cocaine metabolites. | Appeal No. 2714 | Suspension and Revocation Appeals Authority | 2/26/2016 | 2/26/2016 | | 10/31/2017 |
| Suspension and Revocation Appeals Authority | 2719 - VOELCKERS | By a Decision and Order (D&O) dated August 29,2016, an Administrative Law Judge (ALJ) of the United States Coast Guard suspended the Merchant Mariner Credential (MMC) of Mr. Neil Alan Voelckers, Respondent, for thirty days upon finding proved à single allegation of misconduct. The allegation found proved alleges that on multiple occasions from May 2013 to September 2015, while holding an MMC endorsed for service as a Master of Steam, Motor or Auxiliary Sail Vessels of not more than I00 gross registered tons, Respondent served as Master of the 198-gross-ton SEA RANGER, including when the SEA RANGER was moored in the Bay of Pillars carrying passengers for hire, in violation of 46 C.F.R. $ i 5.905(b). | Appeal No. 2719 | Suspension and Revocation Appeals Authority | 8/13/2018 | 8/13/2018 | | 11/7/2018 |
| Suspension and Revocation Appeals Authority | 2717 - CHESBROUGH III | By a Decision and Order (hereinafter "D&O") dated July 26, 2016, an Administrative Law
Judge (hereinafter "ALJ") of the United States Coast Guard revoked the Merchant Mariner
Credential of Mr. Richard Albert Chesbrough, the Respondent, upon finding proved two
specifications of misconduct and one specification of conviction of an offense that would preclude
issuance of a Coast Guard MMC.
The misconduct allegations found proved were those set forth in Allegation Number Two (making a false statement in a casualty investigation) and Allegation Number Three (attempting to
induce a witness to testify falsely in connection with a marine casualty) of the Complaint.
Allegation Number Six of the Complaint (conviction of an offense that would prevent the issuance
or renewal ofa MMC) was also found proved.
FACTS
At all relevant times, Respondent was the holder of a Merchant Mariner Credential issued
to him by the United States Coast Guard.
The MN WILLAMETTE QUEEN is a fiberglass-hulled stemwheeler constructed in 1990.
[D&O at 3; Tr. Vol. Ip. 22] WILLAMETTE QUEEN's length is 87 feet overall; its hull and
engine comprise 65 feet of that distance while the stemwheel and its protective girder make up the
remainder. [D&O at 3; Tr. Vol. I at 22, 30]. The vessel has a draft of three feet. [D&O at 3; Tr.
Vol. I at 25] | Appeal No. 2717 | Suspension and Revocation Appeals Authority | 12/27/2017 | 12/27/2017 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 2700 -THOMAS | By a Decision and Order (hereinafter "D&O") dated June 2, 2011, Walter J. Brudzinski,
an Administrative Law Judge (hereinafter "ALJ'') of the United States Coast Guard, revoked the
Merchant Mariner credential of Mr. Corinthis Emile Thomas (hereinafter "Respondent") upon a
finding of default in a proceeding that alleged, as the basis for revocation, two counts of
incompetence and one count of misconduct.
PROCEDURAL HISTORY
NO. ·27 0 0
i
This case progressed as follows:
• January 28, 2011-Coast Guard files Complaint against Respondent's Merchant
Mariner credential alleging two counts of incompetence and one count of
misconduct.
• February 17, 2011-Complaint received at Respondent's address ofrecord and
signed for by Respondent.
• February 18, 2011-Respondent files his answer in the matter wherein he denies
all jurisdictional and factual allegations and agrees with the proposed hearing
dates of April 19, 20, or 21 , 2011, and the proposed hearing location at the
Alexander Hamilton Customs House in New York, New York.
• March 28, 2011-ALJ issues Scheduling Order in the case setting the hearing of
April 20, 2011, at the Alexander Hamilton Customs House in New York, New
York.
• April 13, 2011-Coast Guard files a Motion for a Pre-Hearing Conference to be
conducted via telephone.
• April 14, 2011-ALJ issues Scheduling Order- Pre-Hearing Conference
granting the Coast Guard's Motion for a Pre Hearing Conference and setting a
teleconference for April 18, 2011 at 3 :00 p.m. EST.
• April 18, 2011-Pre-Hearing Conference held, Respondent does not attend;
Coast Guard moves orally for default due to Respondent's failure to appear. ALJ
takes motion under advisement, providing Respondent the opportunity to appear
at the hearing. [Memorandum and Order of Pre-Hearing Teleconference at 1)
• April 20, 2011-Hearing held; Respondent does not attend and Coast Guard
again moves orally for a default in the matter. [Order to Show Cause at 1-2] | Appeal No. 2700 | Suspension and Revocation Appeals Authority | 7/13/2012 | 7/13/2012 | | 11/27/2017 |
| Suspension and Revocation Appeals Authority | 2693 - CONTRERAS | By a Decision and Order (hereinafter "D&O") dated March 17,2009, Walter
Brudzinski, an Administrative Law Judge (hereinafter "ALJ") of the United States Coast
Guard, at San Diego, CA, revoked the Merchant Mariner Document of Mr. Rocky Mel
Contreras (hereinafter "Respondent") upon finding proved five counts of misconduct.
The misconduct charges were that: Respondent refused to stand his lookout watch in the
manner ordered by the Chief Mate on the MN LIBERTY EAGLE; that Respondent, on
three separate occasions, failed to obey the orders of the Master of the MN LIBERTY
EAGLE to report for master's logging and dismissal procedures; and, that Respondent
failed to reveal a 2003 conviction for vandalism on an April 2005 official Coast Guard
application (Form CG-7l9B). Through the same D&O, Judge Brudzinski found one
additional count of misconduct not proved and dismissed, without prejudice, two counts alleging violation a/law or regulation. At all times during the proceeding Respondent
appeared pro se and appeals pro se. | Appeal No. 2693 | Suspension and Revocation Appeals Authority | 4/4/2011 | 4/4/2011 | | 11/27/2017 |
| Suspension and Revocation Appeals Authority | 2692 - CHRISTIAN | By a Decision and Order (hereinafter "D&O") dated November 13, 2009, Bruce T.
Smith, an Administrative Law Judge (hereinafter "ALJ") of the United States Coast Guard at
New Orleans, Louisiana, granted a Motion to Dismiss filed by Mr. Aaron Christian (hereinafter
"Respondent") upon finding that the Coast Guard had failed to prove the misconduct charge
alleged in the Coast Guard's Amended Complaint.
FACTUAL AND PROCEDURAL HISTORY
Respondent was employed by Higman Marine Services and holds a merchant mariner's
license and a merchant mariner's document issued by the U.S. Coast Guard. [D&O at 2]
According to the Coast Guard's Complaint, on November 14, 2008, Respondent took and failed
an alcohol test, providing a breath sample that indicated a blood alcohol content in excess both of
federal limits and those permitted by his employer. [Id.l
The Coast Guard filed its original Complaint against Respondent's Coast Guard-issued
mariner credentials on May 6, 2009, alleging that Respondent committed misconduct and violation of law or regulation by manifesting a blood alcohol content level in excess of the
Department of Transportation's Breath Alcohol Test standards. [D&O at 2} On August 5, 2009,
the Coast Guard amended its Complaint to remove the "violation of law or regulation"
allegation. [Id.} The Coast Guard did not remove the allegation of misconduct1
, and it
remained a pending charge at all stages of the proceeding. [Id.} The misconduct allegation
alleged that Respondent violated a company policy which prohibits employees from reporting to
work under the influence of alcohol. | Appeal No. 2692 | Suspension and Revocation Appeals Authority | 2/28/2011 | 2/28/2011 | | 11/27/2017 |
| Suspension and Revocation Appeals Authority | 2694 - LANGLEY | By a Decision and Order (hereinafter "D&O") delivered from the bench on
February 26, 2010, and memorialized via written D&O dated March 2, 2010 (hereinafter
"D&O II"), Administrative Law Judge (hereinafter "ALJ") Michael J. Devine of the
United States Coast Guard at Norfolk, Virginia, revoked the Merchant Mariner
Document of Mr. Harold Langley (hereinafter "Respondent") upon finding proved one
charge of misconduct. The misconduct charge found proved alleged that, while serving
as a crew member aboard the USNS REGULUS, Respondent submitted a substituted
urine sample during a random drug test conducted on June 29, 2009.
FACTS & PROCEDURAL HISTORY
At all times relevant herein, Respondent was the holder of a Coast Guard-issued
Merchant Mariner Document. [D&O II at 3] On June 29, 2009, Respondent was
employed by Maersk Line as a crew member aboard the USNS REGULUS and was
working under the authority of his Coast Guard-issued Merchant Mariner Document. | Appeal No. 2694 | Suspension and Revocation Appeals Authority | 5/25/2011 | 5/25/2011 | | 11/27/2017 |
| Suspension and Revocation Appeals Authority | 2698 - HOCKING | By a Decision and Order (hereinafter “D&O”) dated January 4, 2011, Michael J. Devine,
an Administrative Law Judge (hereinafter “ALJ”) of the United States Coast Guard, ordered the
revocation of the Merchant Mariner License of Mr. James Bruce Hocking (hereinafter
“Respondent”) upon finding proved one charge of incompetence.
The specification found proved alleged that, after Respondent submitted a completed
Merchant Mariner Physical Examination Report (Form CG-719K) to the Coast Guard on
December 4, 2008, the National Maritime Center (hereinafter “NMC”), on April 2, 2009,
informed Respondent that he was not medically fit for merchant mariner duties due to a heart
condition and the placement of an Implantable Cardioverter Defibrillator (hereinafter “ICD”).
Thereafter, on multiple occasions between May 18, 2009, and May 31, 2009, Respondent served
as Master of the M/V NANTUCKET, a Coast Guard-inspected passenger ferry, upon the waters
of Nantucket Sound. The specification alleges that by so operating the vessel while not
medically fit to do so, Respondent committed an act of incompetence. | Appeal No. 2698 | Suspension and Revocation Appeals Authority | 4/25/2012 | 4/25/2012 | | 11/27/2017 |
| Suspension and Revocation Appeals Authority | 2522 - JENKINS | By an order dated 2 April 1990, an Administrative Law Judge of
the United States Coast Guard at Alameda, California revoked
Appellant's Merchant Mariner's Document for use of a dangerous drug.
Appellant was charged with the use of dangerous drugs supported
by a single specification alleging that Appellant, while the holder of
the above-captioned document, did wrongfully use cocaine as evidenced
in a urine specimen collected on 27 July 1989 which subsequently
tested as positive for the presence of cocaine metabolite.
The hearing was held on 29 September, 5 October and 15 November
1989, and on 25, 26, 30, and 31 January 1990 and 9 February 1990.
Appellant was absent at the 29 September and 15 November 1989
sessions. Appellant appeared at the 5 October 1989 session and at the
sessions held in January and February 1990 and was represented by
professional counsel. The Investigating Officer presented 27 exhibits
which were admitted into evidence and introduced the testimony of six
witnesses, and testified in his own behalf. Appellant entered the
answer of deny to the charge and specification. | Appeal No. 2522 | Suspension and Revocation Appeals Authority | 3/26/1991 | 3/26/1991 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2726 - BADUA | By an Order dated October 17,2A19, an Administrative Law Judge (ALJ) of the United States Coast Guard denied as untimely what he construed to be Respondent Mr. Jeffrey John Badua, Jr.'s request for a hearing on the Coast Guard's Notice of Failure to Complete Settlement Agreement (Respondent's request was captioned "Motion to Enforce Settlement Agreement").
Respondent appeals.
At all relevant times, Respondent held a Merchant Mariner Credential (MMC) issued by the United States Coast Guard. On February 27,2018, Respondent took a required preemployment drug test, pursuant to 46 CFR Part 16. The urine sample provided by Respondent tested positive for hydromorphone. Respondent maintains that the positive result was the result of a one-time, inadvertent use of another person's prescription medication.
The Coast Guard issued its Complaint against Respondent's MMC on April 13, 2018, for use of a dangerous drug, in violation of 46 USC § 7704(c). On April 30,2018, the Coast Guard and Respondent entered into a Settlement Agreement. By signing the Settlement Agreement, Respondent admitted the jurisdictional and factual allegations of the Coast Guard Complaint. The Settlement Agreement provided that Respondent's MMC was revoked, but that the revocation would be stayed in order to allow Respondent to complete the elements of "cure" from use or addiction to use of a dangerous drug. See 46 U.S.C. § 7704;33 CFR § 20.502;46 CFR § 5.901(d); Appeal Decision 2535 (SWEENEY), 1992 WL I 2008768. | Appeal No. 2726 | Suspension and Revocation Appeals Authority | 4/27/2020 | 4/27/2020 | | 5/20/2020 |
| Suspension and Revocation Appeals Authority | 1695 - NEMECEK | By order date 26 January 1967, an Examiner of the United
States Coast Guard at New Orleans, La., suspended Appellant's
seaman's documents for two months, upon finding him guilty of
misconduct. The specifications found proved allege that while
serving as a fireman/watertender on board the United States SS WILD
RANGER under authority of the document above described, Appellant:
(1) on or about 27 October 1966, wrongfully failed to perform
duties at Saigon, Vietnam, because of intoxication;
(2) on or about 28 October 1966, wrongfully absented himself
from the vessel and his duties at Saigon; and
(3) from 4 through 8 November 1966, wrongfully failed to
perform duties at Qui Nhon, Vietnam.
At the hearing, Appellant elected to act as his own counsel.
Appellant entered a plea of not guilty to the charge and each
specification.
The Investigating Officer introduced in evidence records of
WILD RANGER.
In defense, Appellant offered in evidence his own testimony.
At the end of the hearing, the Examiner rendered a written
decision in which he concluded that the charge and all
specifications had been proved. The Examiner then served a written
order on Appellant suspending all documents issued to him for two
months. | Appeal No. 1695 | Suspension and Revocation Appeals Authority | 4/1/1968 | 4/1/1968 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1718 - BIRD | By order date 26 September 1967, an Examiner of the Unite
States Coast Guard at Galveston, Texas, suspended Appellant's
seaman's documents for three months on twelve months' probation
upon finding him guilty of negligence. The specification found
proved alleges that while serving as chief engineer on board SS
LONE STAR STATE under authority of the document and license above
described, on or about 22 May 1967, Appellant wrongfully permitted
the starboard boiler to be operated without sufficient water,
thereby causing damage to the boiler tubes, while the vessel was at
Galveston, Texas.
At the hearing, Appellant was represented by professional
counsel. Appellant entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced in evidence the testimony
of four witnesses and a pertinent entry in the vessel's engine log.
In defense, Appellant offered in evidence the testimony of two
witnesses.
After the hearing, the Examiner rendered a written decision in
which he concluded that the charge and specification had been
proved. The Examiner then entered an order suspending all documents
issued to Appellant for a period of three months on twelve months'
probation. | Appeal No. 1718 | Suspension and Revocation Appeals Authority | 7/17/1968 | 7/17/1968 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1830 - PACKARD | By order date 29 December 1969, an Examiner of the United
State Coast Guard at Long Beach, Cal., retokef Appellant's seaman's
documents upon finding him guilty of the charge of "conviction for
a narcotic drug law violation." The specification found proved
alleges that on or about 23 September 1969, Appellant was
"convicted by the U.S. Magistrate, Southern District of California,
of having in [his] possession a quantity of marijuana (narcotic
paraphernalia) in violation of 18 U.S.C. 13 (violation of Section
11555 of Health and Safety Code of State of California)."
At the hearing, Appellant was represented by professional
counsel. A plea of not guilty was entered to the charge and
specification.
The Investigating Officer introduced in evidence certified
copies of a complaint and a judgement entered in the United States
District Court for the Southern District of California by the U.S.
Magistrate for that District. In defense, Appellant offered no evidence.
At the end of the hearing, the Examiner rendered a written
decision in which he concluded that the charge and specification
had been proved. The Examiner then entered an order revoking all
documents issued to Appellant. | Appeal No. 1830 | Suspension and Revocation Appeals Authority | 1/12/1971 | 1/12/1971 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1611 - SUPRIK | By order dated 1 April 1966, an Examiner of the United States
Coast Guard st San Francisco, California revoked Appellant's
seaman's documents upon finding him guilty of misconduct. The
specifications fond proved allege that while serving as a
fireman-watertender on board the United States SS SANTA MONICA
under authority of the document above described, during the period
of 14 January through 25 February, Appellant wrongfully failed to
perform his duties on fourteen different occasions, and disobeyed
lawful orders on four occasions.
Appellant did not appear at the hearing. The Examiner entered
for the Appellant a plea of not guilty to the charge and each
specification.
The Investigation Officer introduced in evidence the Officer
Logbook of the vessel and the testimony of the Chief Engineer. At the end of the hearing, the Examiner rendered a written
decision in which he concluded that the charge and specifications
had been proved. The Examiner then served a written order on
Appellant revoking all documents issued to him. | Appeal No. 1611 | Suspension and Revocation Appeals Authority | 5/10/1967 | 5/10/1967 | | 12/28/2017 |
| Suspension and Revocation Appeals Authority | 1979 - NEVES | By order dated 1 August 1972, an Administrative Law Judge of
the United States Coast Guard at San Diego, California, suspended
Appellant's seaman's documents for six months on 12 months'
probation upon finding him guilty of the charge of violation of a
statute [46 U.S.C. 224a]. the specification found proved alleges
that while serving as Master on board Fishing Vessel CONSTITUTION
under authority of the license above captioned, from or on about 25
June 1972 to on or about 11 July 1972, Appellant did willfully
employ or engage to perform duties of mate on board the
CONSTITUTION, a fishing vessel of over 200 gross tons, a person or
persons not licensed to perform such duties in violation of 46
U.S.C. 224a (R.S. 4438a) for a fishing voyage on the high seas
which began and terminated at San Diego, California.
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 voyage
records of CONSTITUTION.
In defense, Appellant offered in evidence his own testimony.
At the end of the hearing, the Administrative Law Judge
rendered a written decision in which he concluded that the charge
and specification had been proved and then entered an order
suspending all documents issued to Appellant for a period of six
months on 12 months' probation.
The entire decision was served on 2 August 1972. Appeal was
timely filed. | Appeal No. 1979 | Suspension and Revocation Appeals Authority | 7/26/1973 | 7/26/1973 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1583 - GAMACHE | By order dated 1 December 1965, an Examiner of the Unite
States Coast Guard at Portland, Maine, suspended Appellant
Gamache's license for one month outright plus two months on nine
months' probation upon finding him guilty of negligence. The
specification found proved alleges that while serving as pilot on
board the United States SS LOUISIANA BRIMSTONE under authority of
the license above described, on or about 7 August 1965, Appellant
Gamache operated the vessel at immoderate speed in fog, thereby
contributing to a collision with SS CANTERBURY LEADER.
By order of 2 December 1965, at the same place, the Examiner
suspended Appellant Maxwell's license for two months on nine
months' probation upon finding him guilty of negligence. The
specification found proved alleges that while serving as master
aboard the LOUISIANA BRIMSTONE under authority of his license, on
or about 7 August 1965, Appellant Maxwell permitted the vessel to
be operated at immoderate speed in fog, thereby contributing to a
collision with CANTERBURY LEADER.
At the hearing, Appellants were represented by professional
counsel. Appellants entered pleas of not guilty to the charges and
specifications.
The Investigating Officer introduced in evidence the testimony
of both Appellants and certain Ship's records.
In defense, Appellants offered in evidence statements of other
personnel employed aboard the LOUISIANA BRIMSTONE.
At the end of the hearing, the Examiner rendered a decision in
which he concluded that the charges and specifications had been
proved. The Examiner then served written orders on Appellants
suspending their licenses as described above. | Appeal No. 1583 | Suspension and Revocation Appeals Authority | 9/7/1966 | 9/7/1966 | | 12/28/2017 |
| Suspension and Revocation Appeals Authority | 1708 - WILBY | By order dated 1 December 1967, an Examiner of the United
States Coast Guard at Long Beach, California, suspended Appellant's
seaman's documents for two months outright plus six months on
eighteen months' probation upon finding him guilty of misconduct.
The specification found proved alleges that while acting under the
authority of the document above described, on or about 30 November
1967, Appellant wrongfully created a disturbance in the
Certification Section of the Marine Inspection Office, Terminal
Island, California.
At the hearing, Appellant elected to act as his own counsel
Appellant entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced in evidence the testimony
of a clerk and a yeoman who had been present in the Marine
Inspection Office at the time of the alleged offense, and an application form which Appellant had filed.
In defense, Appellant offered in evidence his own testimony.
At the end of the hearing, the Examiner rendered an oral
decision in which he concluded that the charge and specification
had been proved. The Examiner then served a written order on
Appellant suspending all documents issued to him, for a period of
two months outright plus six months on eighteen months' probation. | Appeal No. 1708 | Suspension and Revocation Appeals Authority | 5/22/1968 | 5/22/1968 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1727 - ARNOLD | By order dated 1 February 1967, an Examiner of the United
States Coast Guard at Charleston, S.C., suspended Appellant's
seaman's documents for twelve months outright plus six months on
eighteen months' probation upon finding him guilty of misconduct.
The specifications found proved allege that while serving as an AB
Seaman on board SS AMERICAN REPORTER under authority of the
document above described, Appellant:
(1) on or about 16 December 1966 created a disturbance on
board at Bremerhaven, Germany, because of intoxication;
(2) on or about 22 December 1966, wrongfully absented himself
from the vessel at Liverpool, England;
(3) on or about 24 December 1966, wrongfully failed to
perform duties at sea because of intoxication;
(4) on or about 6 January 1967, wrongfully absented himself
from the vessel at Antwerp, Belgium;
(5) on or about 7 January 1967, wrongfully failed to perform
duties while the vessel was in the Schelde River,
Belgium; and
(6) on or about 19 January 1967, wrongfully failed to join
the vessel at Wilmington, N. C.
At the hearing, Appellant failed to appear. The Examiner
entered a plea of not guilty to the charge and each specification.
The Investigating Officer introduced in evidence voyage
records of AMERICAN REPORTER.
No evidence was produced in defense. | Appeal No. 1727 | Suspension and Revocation Appeals Authority | 10/16/1968 | 10/16/1968 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1746 - PREVOST | By order dated 1 July 1968, an Examiner of the United States
Coast Guard at San Francisco, Calif., revoked Appellant's seaman's
documents upon finding him guilty of the charge of "conviction for
a narcotic drug law violation." The order was conditioned upon
affirmation by the Commandant, U. S. Coast Guard, of the Examiner's
ruling that dismissal action under section 1203.4 of the California
Penal Code does not set aside a conviction for all purposes. The
specification found proved alleges that on or about 20 December
1967, Appellant, in the Municipal Court for the Oakland-Piedmont
Judicial District, County of Alameda, State of California, a court
of record, was convicted of a violation of Section 11556 of the
Health and Safety Code, a narcotic drug law of the State of
California.
At the hearing held 24 June 1968, Appellant was represented by
professional counsel. Counsel entered a plea of not guilty to the
charge and specification. The Investigating Officer introduced in evidence Certified
Abstract of Record (criminal) No. F2981-Dept. No. 7 of the
Municipal Court for the Oakland-Piedmont Judicial District, County
of Alameda, State of California.
In defense, Appellant offered in evidence a copy of a Petition
and Order for Release from Penalties and Dismissal under Section
1203.4 of the California Penal Code.
The Examiner on 1 July 1968 entered an order revoking all
documents issued to Appellant, but conditioned as mentioned above. | Appeal No. 1746 | Suspension and Revocation Appeals Authority | 12/18/1968 | 12/18/1968 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1677 - CANJAR | By order dated 1 June 1967, an Examiner of the United States
Coast Guard at New York, New York, revoked Appellant's seaman's
documents upon finding him mentally incompetent for duty on
merchant vessels.
Two charges were initially preferred against Appellant. One
was of MISCONDUCT, this had four specifications. The first two
specifications alleged that while Appellant was serving as third
mate aboard SS AMERICAN SHIPPER he twice assaulted and battered the
second mate of the vessel at Hamburg, Germany, once with his fist
and once with a club, both on 22 August 1966. The other two
specifications alleged that while Appellant was serving as third
mate aboard SS CITY OF ALMA he did, on many occasions between 27 December 1965 and 12 January 1966, cause course changes of the vessel to be made, deviating from the prescribed courses, without permission of or notification to the master of the ship.
The other charge, of INCOMPETENCE, alleged that Appellant was, at the time of his service aboard CITY OF ALMA, unfit for service aboard merchant vessel because of mental incompetence and so remained to time of hearing.
At the hearing Appellant, although he had been advised of his
right to counsel three days earlier, appeared at first without
counsel and expressed a desire to obtain counsel. Six days later
Appellant appeared with professional counsel. This counsel
attempted to withdraw from the case before the day's proceedings
were completed, but Appellant consented to his continued
representation by the counsel. Pleas of not guilty to all charges
and specifications were entered. Two days later, before the first
witness was called, Appellant formally, on the record, disavowed
his counsel and elected to proceed on his own. | Appeal No. 1677 | Suspension and Revocation Appeals Authority | 1/18/1968 | 1/18/1968 | | 12/28/2017 |
| Suspension and Revocation Appeals Authority | 1696 - SCHANDL | By order dated 1 March 1967, an Examiner of the United States
Coast Guard at San Francisco, California, suspended Appellant's
seaman's documents for 6 months on 12 months' probation upon
finding him guilty of misconduct. The specification found proved
alleges that while serving as boatswain on board the United States
SS PECOS under authority of the document above described, on or
about 8 February 1967, Appellant assaulted and battered by beating
with his fists a fellow crewmember, Gilbert RIEGEL, Ablebodied
seaman.
At the hearing, Appellant elected to act as his own counsel.
Appellant entered a plea of not guilty to the charge and
specification
The Investigating Officer introduced in evidence the testimony
of the chief mate of the vessel.
In defense, Appellant offered in evidence the testimony of
three witnesses, and testified in his own behalf.
At the end of the hearing, the Examiner rendered a written
decision in which he concluded that the charge and specification
had been proved. The Examiner then entered an order suspending all
documents issued to Appellant for a period of six months on twelve
months' probation. | Appeal No. 1696 | Suspension and Revocation Appeals Authority | 4/4/1968 | 4/4/1968 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1914 - ESPERANZA | By order dated 1 March 1972, an Administrative Law Judge of
the United States Coast Guard at New York, N. Y., admonished
Appellant upon finding him guilty of misconduct. The
specifications found proved alleges that while serving as a Second
Pumpman on board the United States SS MARYLAND TRADER under
authority of the document above described, on or about 2 February
1972, Appellant wrongfully refused to obey a lawful command of the
Second Assistant Engineer not to use a torch.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced in evidence the affidavit
of service and voyage records from the SS MARYLAND TRADER.
In defense, Appellant offered in evidence his own testimony. At the end of the hearing, the Administrative Law Judge
rendered an oral decision in which he concluded that the charge and
specification had been proved. He then served a written order on
Appellant admonishing Appellant. | Appeal No. 1914 | Suspension and Revocation Appeals Authority | 3/30/1973 | 3/30/1973 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1711 - WILLIAMS | By order dated 1 May 1967, an Examiner of the United States
Coast Guard at New Orleans, La., suspended Appellant's seaman's
documents for three months outright plus three months on twelve
months' probation upon finding him guilty of misconduct. The
specification found proved alleges that while serving as a third
mate on board the United States SS CRISTOBAL under authority of the
document and license above described, on or about 1 March 1967,
Appellant wrongfully and illegally had in his possession an item of
ship's cargo, to wit, a Smith-Corona portable electric typewriter,
with the intent to deprive the owner of the property therein, when
the vessel was at Cristobal, C. Z.
At the hearing, Appellant was represented by professional
counsel. Appellant entered a plea of not guilty to the charge and
specification.
the Investigating Officer introduced in evidence the testimony of several witnesses and certain voyage records of CRISTOBAL.
In defense, Appellant offered in evidence his own testimony,
that of several character witnesses, and commendatory written
statements, made over a period of years, of twenty four people.
At the end of the hearing, the Examiner rendered a written
decision in which he concluded that the charge and specification
had been proved. The Examiner then entered an order suspending all
documents issued to Appellant for a period of three months outright
plus three months on twelve months' probation. | Appeal No. 1711 | Suspension and Revocation Appeals Authority | 5/29/1968 | 5/29/1968 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1974 - VALS | By order dated 1 May 1972, an Administrative Law Judge of the
United States Coast Guard at New York, New York, suspended
Appellant's seaman's documents for six months on 12 months'
probation upon finding him guilty of misconduct. The specification
found proved alleges that while serving as Master on board M/V F.
L. HAYES under authority of the document and license above
described, from at or about 2350, 20 March 1972, to at or about
0310, 21 March 1972, Appellant allowed himself to be relieved as
pilot of the vessel by a person, one Francis A. Burn, Jr., not
properly licensed for that responsibility thus contributing to the
subsequent grounding of the vessel.
At the hearing, Appellant was represented by professional
counsel. Appellant entered a plea of guilty to the charge and
specification.
The Investigating Officer introduced no evidence. In defense, Appellant stated that the relieving officer had a
third mate's license and a stipulation was made by counsel and the
Investigating Officer that this person had a sufficient number of
trips to quality to sit for an additional pilot's endorsement for
certain waters.
At the end of the hearing, the Administrative Law Judge
rendered a written decision in which he concluded that the charge
and specification had been proved by plea. The Administrative Law
Judge then entered an order suspending all documents issued to
Appellant for a period of six months on 12 months' probation.
The entire decision was served on 11 May 1972. Appeal was
timely filed. | Appeal No. 1974 | Suspension and Revocation Appeals Authority | 7/5/1973 | 7/5/1973 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1645 - ATKINSON | By order dated 1 September 1966, an Examiner of the United
States Coast Guard at San Francisco, California, suspended
Appellant's seaman's documents for three months upon finding him
guilty of misconduct. The specifications found proved allege that
while serving as a Third Assistant Engineer on board the United
States SS PRESIDENT ADAMS under authority and license above
described, on or about 10 May 1966, Appellant, at San Francisco,
California,
(1) wrongfully failed to perform duties by reason of
intoxication;
(2) wrongfully failed to obey orders of the Chief Engineer to
turn to at duties, and to leave the ship; and
(3) wrongfully assaulted the first assistant engineer.
At the hearing, Appellant elected to act as his own counsel.
Appellant entered a plea of not guilty to the charge and each
specification.
The Investigating Officer introduced in evidence an official
log book entry and the testimony of the Chief and first assistant
engineers.
In defense, Appellant offered in evidence his own testimony
and documentary evidence.
At the end of the hearing, the Examiner rendered a written
decision in which he concluded that the charge and three
specifications had been proved. The Examiner then entered an order
suspending all documents issued to Appellant for a period of three
months. | Appeal No. 1645 | Suspension and Revocation Appeals Authority | 7/6/1967 | 7/6/1967 | | 12/28/2017 |
| Suspension and Revocation Appeals Authority | 1622 - MCCRANN | By order dated 10 June 1966, an Examiner of the United States
Coast Guard at New York, New York, suspended Appellant's seaman's
documents for three months outright plus six months on 12 months'
probation upon finding him guilty of misconduct. The specification
found proved allege that while serving as a bellboy on board the
United States SS UNITED STATES under authority of the document
above described, on or about 20 May 1966, Appellant wrongfully used
foul and abusive language in the presence of passengers, to the
Assistant Chief Steward.
Appellant was absent at the hearing. The Examiner therefore
entered for the Appellant a plea of not guilty to the charge and
specification.
The Investigating Officer introduced in evidence various
ship's documents and the testimony of the Assistant Chief Steward.
At the end of the hearing, the Examiner rendered a written
decision in which he concluded that the charge and specification
had been proved. The Examiner then served a written order on
Appellant suspending all documents issued to him for a period of
three months outright plus six months on 12 months' probation. | Appeal No. 1622 | Suspension and Revocation Appeals Authority | 5/22/1967 | 5/22/1967 | | 12/28/2017 |
| Suspension and Revocation Appeals Authority | 1742 - FAULKES | By order dated 10 June 1968, an Examiner of the United States
Coast Guard at New York, N. Y. suspended Appellant's seaman's
documents for 2 months on 9 months' probation upon finding him
guilty of misconduct. The specifications found proved allege that
while serving as chief cook on board SS AFRICAN MERCURY under
authority of the document Appellant:
(1) on or about 4 February 1968 wrongfully failed to join the
vessel at Dar-es-Salaam, Tanzania;
(2) on or about 16 February 1968, failed to perform duties
at Mombasa, Kenya, because of intoxication; and
(3) at the same time and place wrongfully had liquor in his
possession aboard the vessel. At the hearing, Appellant was represented by professional
counsel. Appellant entered a plea of guilty to the charge and the
specification relative to the failure to perform duties on 16
February 1968 but not guilty to the other specifications.
The Investigating Officer introduced in evidence voyage
records of AFRICAN MERCURY.
In defense, Appellant offered in evidence his own testimony.
At the end of the hearing, the Examiner rendered an oral
decision in which he concluded that the charge and specifications
had been proved. The Examiner then entered an order suspending all
documents issued to Appellant for a period of 2 months on 9 months'
probation. | Appeal No. 1742 | Suspension and Revocation Appeals Authority | 6/10/1968 | 6/10/1968 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1905 - FOOTE | By order dated 10 June 1971, an Administrative Law Judge of
the United States Coast Guard at Portland, Oregon, revoked
Appellant's seaman's documents upon finding him guilty of the
charge of "conviction for a narcotic drug law violation." The
specification found proved alleges that on or about 16 September
1970, Appellant was convicted in the Superior Court of the State of
Oregon of violation of a narcotic drug law of that State.
The Investigating Officer produced, and the Administrative Law
Judge entered into the record a certified record of the Oregon
court.
In defense, Appellant offered no evidence.
At the end of the hearing, the Administrative Law Judge
rendered a written decision in which he concluded that the charge
and specification had been proved by plea. The Administrative Law
Judge then entered an order revoking all documents issued to Appellant.
The entire decision was served on 15 June 1971. Appeal was
timely filed. | Appeal No. 1905 | Suspension and Revocation Appeals Authority | 1/30/1973 | 1/30/1973 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1837 - ARNOLD | By order dated 10 March 1970, an Examiner of the United States
Coast guard at Boston, Massachusetts suspended Appellant's seaman's
documents for three months plus six months on twelve months'
probation upon finding him guilty of misconduct. The specification
found proved alleges that while serving as an able seaman on board
SS MARYLAND TRADER under authority of the document above captioned,
Appellant on 3 March 1970, failed to join MARYLAND TRADER at Ponce,
Puerto Rico.
At the hearing, Appellant elected to act as his own counsel.
The Examiner entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced in evidence voyage
records of MARYLAND TRADER.
In defense, Appellant offered in evidence his own testimony. At the end of the hearing, the Examiner rendered a written
decision in which he concluded that the charge and specification
had been proved. The Examiner then entered an order suspending all
documents issued to Appellant for a period of three months plus six
months on twelve months' probation. | Appeal No. 1837 | Suspension and Revocation Appeals Authority | 4/16/1971 | 4/16/1971 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1831 - CREER | By order dated 10 March 1970, an Examiner of the United States
Coast Guard at New York, N.Y., suspended Appellant's seaman's
documents for nine months plus three months on eighteen months's
probation upon finding him guilty of misconduct. The
specifications found proved allege that while serving as an AB
seaman on board SS OCEANIC TIDE under authority of the document
above captioned, Appellant:
(1) on 8 June 1967, wrongfully and without consent touched
the private parts of another crewmember, one McQueeney,
while the vessel was at Cam Ranh Bay, RVN;
(2) on 3 August 1967, wrongfully threatened to kill
McQueeney, at Kobe, Japan;
(3) on 3 August 1967, wrongfully engaged in mutual combat
with McQueeney at Kobe, Japan;
(4) on 3 August 1967, assaulted and battered McQueeney
with his hands at Kobe, Japan; and
(5) on 3 August 1967, assaulted and battered McQueeney by
choking him at Kobe, Japan.
The ordinary statement of procedure of the hearing is not
appropriate here since Appellant, who was not represented by
counsel, was present for some sessions of the hearing and was not
present for others. The important point is that Appellant,
although on proper notice, was not present when the testimony of
McQueeney was taken, after a plea of not guilty to the charge and
specifications had been entered. Appellant did produce a witness
and testified in his own behalf but in view of the sole ground for
appeal urged the procedure need not be set out in full.
At the end of the hearing, the Examiner rendered a decision in
which he concluded that the charge and specifications had been
proved. The Examiner then entered an order suspending all
documents issued to Appellant for a period of nine months plus
three months on eighteen months' probation. | Appeal No. 1831 | Suspension and Revocation Appeals Authority | 1/26/1971 | 1/26/1971 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1931 - POLLARD | By order dated 10 November 1971, an Administrative Law Judge
of the United States Coast Guard at Portsmouth, Virginia, revoked
Appellant's seaman documents outright upon finding him guilty of
misconduct. The specification found proved alleges that while
serving as a Second Cook on board the United States N. S. MAUMEE
under authority of the document above captioned, on or about 20
August 1971, Appellant did wrongfully assault and batter another
crewmember with a dangerous weapon; to wit, a knife, resulting in
injury to that crewmember.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced in evidence documentary
evidence and the testimony of witnesses. | Appeal No. 1931 | Suspension and Revocation Appeals Authority | 5/23/1973 | 5/23/1973 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1713 - DERRICK | By order dated 11 December 1967, an examiner of the United
States Coast Guard at Long Beach, Calif., suspended Appellant's
seaman's documents for twelve months outright plus twelve months on
twelve months' probation upon finding him guilty of misconduct.
the specifications found proved allege that while serving as an
oiler on board SS GOPHER STATE under authority of the document
above described, on or about 3 December 1967, Appellant:
(1) wrongfully assaulted and battered the master
of the vessel, and
(2) wrongfully disobeyed a direct order of the
master.
At the hearing, Appellant failed to appear. The Examiner
entered a plea of not guilty to the charge and each specification.
The Investigating Officer introduced in evidence voyage
records of GOPHER STATE.
Since Appellant did not appear, there was no defense.
At the end of the hearing, the Examiner rendered an oral
decision in which he concluded that the charge and two
specifications had been proved. The Examiner then entered an order
suspending all documents issued to Appellant for period of twelve
months outright plus twelve months on twelve months' probation. | Appeal No. 1713 | Suspension and Revocation Appeals Authority | 7/8/1968 | 7/8/1968 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1579 - HARRISON | By order dated 11 February 1966, an Examiner of the United
States Coast Guard at San Francisco, California, suspended
Appellant's seaman's documents for twelve months outright upon
finding him guilty of misconduct. The specifications found proved
allege that while serving as chief mate and third mate on board the
United States SS GEORGE S. LONG under authority of the document and
license above described, Appellant
1) on or about 31 December 1965 and 2 January 1966,
wrongfully failed to perform duties because of
intoxication; and
2) on or about 17 December 1965, did "wrongfully take
and allow to be given away with intent to deprive
the owner certain ship's property."
At the hearing, appellant did not appear. The Examiner entered plea of not guilty to the charge and each specification.
The Investigating Officer introduced in evidence certain
documents.
At the end of the hearing, the Examiner rendered an oral
decision in which he concluded that the charge and all
specifications had been proved. The Examiner then entered an order
suspending all documents issued to Appellant for a period of twelve
months. | Appeal No. 1579 | Suspension and Revocation Appeals Authority | 8/26/1966 | 8/26/1966 | | 12/28/2017 |
| Suspension and Revocation Appeals Authority | 1610 - O'CONNOR | By order dated 11 July 1966, an Examiner of the United States
Coast Guard at San Francisco, California, suspended Appellant's
seaman documents for two months outright upon finding him guilty of
misconduct. The first specification found proved alleges that
while serving as a First Assistant Engineer on board the United
States SS AMES VICTORY under authority of the license above
described, on 4 May 1965 and on 13 May 1965 Appellant wrongfully
failed to perform his assigned duties by reason of intoxication.
Two additional specifications found proved allege that while
serving as First Assistant Engineer on board the United States SS
DELAWARE under authority of the license above described, Appellant
was wrongfully away from his duties on 26 May 1966 and wrongfully
failed to perform his duties by reason of intoxication on 19 June
1966.
The hearing was conducted in absentia when Appellant failed to
appear. The Examiner entered pleas of not guilty on behalf of Appellant.
The Investigating Officer introduced in evidence certified
copies of extracts from the Shipping Articles for the two voyage in
question and certified copies of entries in the Official Log Books
of the two ships on which Appellant was serving.
At the end of the hearing, the Examiner rendered a written
decision in which he concluded that the charge and three
specifications had been proved. The Examiner then entered an order
suspending all documents issued to Appellant for a period of two
months outright. | Appeal No. 1610 | Suspension and Revocation Appeals Authority | 5/10/1967 | 5/10/1967 | | 12/28/2017 |