| Suspension and Revocation Appeals Authority | 2532 - AILSWORTH | This appeal has been taken in accordance with 46 U.S.C.
#7702 and 46 C.F.R. #5.701.
By a decision dated 22 January 1990, an order dated 8
February 1990 and an errata order dated 15 February 1990, an
Administrative Law Judge of the United States Coast Guard at
Norfolk, Virginia, suspended Appellant's Merchant Mariner's
License and any other valid documents and certificates outright
for twelve months, having found proved the charges of negligence
and misconduct. The single specification supporting the finding of proved to
the charge of negligence alleged that, on or about 7 July 1989,
Appellant, while serving under the authority of his license as
operator of the towing vessel M/V MILDRED A., failed to
adequately control the movements of the M/V MILDRED A. and its
tow, resulting in an allision with a pier.
The specification supporting the finding of proved to the
charge of misconduct alleged that, on or about 7 July 1989, under
the authority of his license, Appellant operated the M/V MILDRED
A. without being familiar with the vessel's characteristics as
required in 46 C.F.R. #15.405. A second specification to the
charge of misconduct was dismissed by the Administrative Law
Judge.
The hearing was held at Norfolk, Virginia on 7 December 1989
and 6 February 1990. The Investigating Officer introduced eight
exhibits into evidence and introduced the testimony of three
witnesses. Appellant was represented by professional counsel and
introduced three exhibits and testified under oath in his own
behalf. Appellant entered a response of "deny" to the charges
and specifications as provided in 46 C.F.R. 5.527. | Appeal No. 2532 | Suspension and Revocation Appeals Authority | 12/2/1991 | 12/2/1991 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2533 - ORTIZ | This appeal from the denial of the Administrative Law Judge
to reopen the hearing has been taken in accordance with 46 U.S.C.
7702 and 46 C.F.R. 5.601.
By a decision dated 12 February 1991, an Administrative Law
Judge of the United States Coast Guard at New York, New York,
revoked Appellant's Merchant Mariner's Document, having found
proved the charge of cocaine use.
The single specification supporting the finding of proved to
the charge of drug use alleged that, on or about 6 July 1990,
Appellant, while the holder of the above-captioned document, was
tested by urinalysis and found to be a user of the drug cocaine.
The hearing was held at New York, New York on 25 January
1991. The Administrative Law Judge received into evidence from
the Investigating Officer three exhibits and heard the sworn se and was advised of his rights, including the right
to counsel or other representation and of the procedures to be
followed at the hearing. Appellant entered a response of "deny"
to the charge and specification as provided in 46 C.F.R. 5.527. | Appeal No. 2533 | Suspension and Revocation Appeals Authority | 12/3/1991 | 12/3/1991 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2534 - AILSWORTH | This motion for a stay of the order of the Vice Commandant in
Appeal Decision 2532 (AILSWORTH) has been taken
pursuant to 46 C.F.R. 5.715.
BACKGROUND
Appellant's license was suspended by an Administrative Law
Judge at Norfolk, Virginia by decisions dated 22 January 1990 and
8 February 1990 and an errata order dated 15 February 1990.
Appellant was charged with negligence in failing to control the
movement of his towing vessel, M/V MILDRED A. and tow, resulting
in an allision with a pier. Appellant was also charged with misconduct in failing to become familiar with his vessel's
characteristics as required in 46 C.F.R. 15.405. Both charges
were found proved and Appellant's license was suspended outright
for twelve months.
Appellant requested issuance of a temporary license pending
appeal to the Vice Commandant. This request was improperly
denied by the Administrative Law Judge. By an order of 3 May
1990, the Vice Commandant vacated the Administrative Law Judge's
denial, instructing that Appellant be issued a temporary license.
See, Appeal Decision 2499 (AILSWORTH).
Appellant subsequently appealed the Administrative Law
Judge's decision and order suspending his license outright for
twelve months. Upon review, the Vice Commandant affirmed the
decision and order of the Administrative Law Judge on 2 December
1991. See, Appeal Decision 2532 (AILSWORTH). | Appeal No. 2534 | Suspension and Revocation Appeals Authority | 2/5/1991 | 2/5/1991 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2535 - SWEENEY | This appeal has been taken in accordance with 46 U.S.C.
7702 and 46 C.F.R. 5.701.
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 hearing was held at Alameda, California on 31 January
1991 and on 12 and 13 March 1991. Appellant was represented by
professional counsel. Appellant entered a response denying the
charge and specification as provided in 46 C.F.R. 5.527. The
Investigating Officer introduced nine exhibits into evidence and
introduced the testimony of three witnesses, two of whom
testified telephonically pursuant to 46 C.F.R. 5.535(f).
Appellant introduced eight exhibits into evidence and introduced the testimony of two witnesses. In addition, Appellant testified
under oath in his own behalf.
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. Subsequently, Appellant filed a notice of appeal on 2 July
1991, perfecting his appeal by filing an appellate brief on 1
August 1991. Accordingly, this appeal is properly before the
Vice Commandant for review. | Appeal No. 2535 | Suspension and Revocation Appeals Authority | 2/18/1992 | 2/18/1992 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2536 - JACQUE | This appeal has been taken in accordance with 46 U.S.C.
7703 and 46 C.F.R. 5.701.
By an order dated 9 May 1991, an Administrative Law Judge of
the United States Coast Guard at Alameda, California, revoked
Appellant's Merchant Mariner's License and Document upon finding
proved the charge and specification of violating 46 U.S.C. 7704
by using a controlled substance, cocaine. The specification
found proved alleges that Appellant, while the holder of the
above-captioned license and document, did, on or about 12 July
1990 have cocaine metabolite present in his body as revealed through a drug screening test. Appellant submitted an answer of
deny to the charge and specification.
Appellant was fully advised by the Administrative Law Judge
that if the charge were found proved, an order of revocation
would be required unless Appellant provided satisfactory evidence
of cure. No evidence of cure was submitted by Appellant.
Accordingly, the Administrative Law Judge found the charge and
specification proved and entered an order of revocation.
On 6 June 1991, Appellant petitioned the Administrative Law
Judge to reopen the hearing to enable Appellant to submit
evidence of cure. The petition was subsequently denied by a
ruling of the Administrative Law Judge on 2 July 1991. On 16
July 1991, Appellant submitted a notice of appeal. On 13
September 1991, Appellant received the transcript of the
proceedings and on 24 October 1991, Appellant filed a supporting
appellate brief with the Commandant, thus perfecting his appeal.
Accordingly, this matter is properly before the Commandant for
review. | Appeal No. 2536 | Suspension and Revocation Appeals Authority | 2/18/1992 | 2/18/1992 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2537 - CHATHAM | This appeal has been taken in accordance with 46 U.S.C.
7702 and 46 C.F.R. 5.701.
By an order dated 9 October 1991, an Administrative Law
Judge of the United States Coast Guard at New York, New York,
revoked Appellant's License and Merchant Mariner's Document upon
finding proved the charge of use of dangerous drugs. The single
specification supporting the charge alleged that, on or about 21
January 1991, Appellant wrongfully used marijuana as evidenced in
a urine specimen collected on that date which subsequently tested
positive for the presence of marijuana.
The hearing was held at New York, New York on 30 May 1991.
Appellant appeared at the hearing and chose to represent himself
pro se. The Administrative Law Judge clearly and
succinctly advised Appellant of the procedures, and applicable
rights, including the right to counsel or other representation.
Appellant knowingly, intelligently and voluntarily waived his
right to counsel and chose pro se representation. Appellant entered a response of deny to the charge and
specification as provided in 46 C.F.R. 5.527. The Investigating
Officer introduced three exhibits into evidence and two witnesses
testified at his request. Appellant testified on his own behalf
and fully participated in the cross examination of witnesses. | Appeal No. 2537 | Suspension and Revocation Appeals Authority | 5/12/1992 | 5/12/1992 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2538 -SMALLWOOD | This appeal has been taken in accordance with 46 U.S.C.
7702 and 46 C.F.R. 5.701.
By an order dated 19 June 1991, an Administrative Law Judge
of the United States Coast Guard at New York, New York revoked
Appellant's Merchant Mariner's Document upon finding proved the
charge of the use of a dangerous drug. The single specification
supporting the charge alleged that, on or about 2 July 1990, in
the city of Brooklyn, New York, Appellant was tested and found to
be a user of a dangerous drug, namely, marijuana. Appellant's
use of the drug was discovered through a pre-employment
urinalysis which revealed the presence of Tetrahydrocannabinol
(THC), a marijuana metabolite.
The hearing was held at New York, New York, on 19 February
1991 and 4 March 1991. Appellant was represented by professional counsel. Appellant entered a response of deny to the charge and
specification as provided in 46 C.F.R. 5.527. The Investigating
Officer introduced eight exhibits into evidence and three
witnesses testified at his request. Appellant introduced three
exhibits into evidence and one witness testified on his behalf.
Appellant also testified under oath on his own behalf. | Appeal No. 2538 | Suspension and Revocation Appeals Authority | 5/12/1992 | 5/12/1992 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2539 - HARRISON | This appeal has been taken in accordance with 46 U.S.C.
Section 7702 and 46 C.F.R. Section 5.701.
By Order dated 21 December 1990, an Administrative Law
Judge of the United States Coast Guard at Baltimore, Maryland,
suspended Appellant's Merchant Mariner's License for a period
of seven months (outright) upon finding proved the charge of
negligence.
The specification supporting the charge alleged that, on
28 July 1990, Appellant, while serving as operator under the authority of License No. 622115, negligently left the helm of the
M/V BUDDY PLAN unattended, resulting in an allision with a fixed
aid to navigation, sinking said vessel and injuring passengers
and crew.
The hearing was held at Baltimore, Maryland on 12 December
1990. Appellant represented himself at the hearing. The
Investigating Officer offered into evidence five exhibits and
introduced the testimony of six witnesses. Appellant offered
into evidence one exhibit and introduced the testimony of one
witness. In addition, Appellant's Merchant Mariner's Personnel
Record was marked as Judge's Exhibit No. 1. | Appeal No. 2539 | Suspension and Revocation Appeals Authority | 5/11/1992 | 5/11/1992 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2540 - ALFOLDI | This appeal has been taken in accordance with 46 U.S.C.
7703 and 46 C.F.R. 5.701.
By an order dated 20 April 1983, an Administrative Law Judge
of the United States Coast Guard at Seattle, Washington, revoked
Appellant's Merchant Mariner's License upon finding proved the
charges and specifications of violating a federal regulation and
committing misconduct. The first charge and specification found
proved alleges that Appellant wrongfully and willfully acted as
master, in a capacity beyond the scope of his license, in violation of 46 C.F.R. 157.30-10(b), aboard the F/V LADY
PACIFIC, O. N. 636 981, while the vessel sailed from Kodiak,
Alaska to Seattle, Washington from 25 October 1982 through 31
October 1982. The second charge and specification found proved
alleges that Appellant committed misconduct in that he operated
the F/V LADY PACIFIC on the same trip with crew members not
possessing valid certificates of service or merchant mariner's
documents, thereby violating 46 C.F.R. 12.02-7(c)(1).
The hearing was held in absentia pursuant
to 46 C.F.R. 5.20-25 at Seattle, Washington on 30 March 1983.
The Investigating Officer introduced the testimony of one witness
and eleven exhibits into evidence.
At the conclusion of the hearing, the Administrative Law
Judge found that the charges and specifications had been proved
and entered an order revoking Appellant's license. | Appeal No. 2540 | Suspension and Revocation Appeals Authority | 5/11/1992 | 5/11/1992 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2541 - RAYMOND | This appeal has been taken in accordance with 46 U.S.C.
7702 and 46 C.F.R. 5.701.
By an order dated 13 August 1991, an Administrative Law
Judge of the United States Coast Guard revoked Appellant's
License and Merchant Mariner's Document upon finding proved the
charge of use of dangerous drugs. The single specification
supporting the charge alleged that, on or about 18 June 1990,
Appellant wrongfully used marijuana as evidenced in a urine
specimen collected on that date, which subsequently tested
positive for the presence of marijuana metabolite.
The hearing was held at Seattle, Washington on 29 and 30
November 1990. Appellant appeared at the hearing and was
represented by professional counsel. Appellant entered a
response of deny to the charge and specification as provided in
46 C.F.R. 5.527. The Investigating Officer introduced four
exhibits into evidence and two witnesses testified at his
request. Appellant introduced 16 exhibits into evidence and testified in his own behalf. Appellant also called six witnesses
who testified in his defense. | Appeal No. 2541 | Suspension and Revocation Appeals Authority | 6/9/1992 | 6/9/1992 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2542 - DEFORGE | This appeal has been taken in accordance with 46 U.S.C. 7702
and 46 C.F.R. 5.701.
By an order dated 15 November 1991, an Administrative Law
Judge of the United States Coast Guard at Miami, Florida, revoked
Appellant's License upon finding proved charges of misconduct,
negligence, and use of a dangerous drug. The charge of
misconduct was supported by seven specifications; the charge of
negligence was supported by a single specification. The single
specification supporting the charge of drug use alleged that, on
or about 21 April 1991, Appellant used marijuana, as evidenced in
a urine specimen collected on or about that date, which
subsequently tested positive for the presence of marijuana
metabolites.
The hearing was held at Naples, Florida on 27 and 28 August
1991. Appellant appeared at the hearing with professional
counsel by whom he was represented throughout the proceedings. Appellant responded to all charges and specifications by
denial as provided in 46 C.F.R. 5.527. The Investigating
Officer introduced 35 exhibits into evidence and 17 witnesses
testified at her request. Appellant testified on his own behalf,
called two other witnesses, and participated fully in the crossexamination
of the Government's witnesses. | Appeal No. 2542 | Suspension and Revocation Appeals Authority | 6/9/1992 | 6/9/1992 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2543 - SHORT | This appeal has been taken in accordance with 46 U.S.C. 7702
and 46 C.F.R. 5.701.
By an order dated 17 December 1991, an Administrative Law
Judge of the United States Coast Guard at Houston, Texas,
suspended Appellant's seaman's document upon finding proved a
charge of negligence. The charge was supported by a single
specification, alleging that, on or about 22 July 1991, Appellant
was negligent in performing his duties as tankerman by failing to
close the cargo pump bleed valve of the tank barge STCO 217,
resulting in a spill of approximately five gallons of #2 diesel
oil into the Houston Ship Channel.
The hearing was held at Houston, Texas on 20 November 1991.
Appellant appeared at the hearing with professional counsel by
whom he was represented throughout the proceedings.Appellant responded to the charge and specification by not
contesting, as provided in 46 C.F.R. 5.527. The Investigating
Officer introduced 5 exhibits into evidence. Appellant testified
on his own behalf, called one other witness, and introduced two
documents.
The Administrative Law Judge's final order suspending
Appellant's seaman's document for one month on 6 months'
probation was entered on 17 December 1991, and appears to have
been served on Appellant's counsel on 6 February 1992. Appellant
filed a notice of appeal on 30 December 1991, and filed his
completed brief on 7 April 1992. Prima facie, therefore, the
appeal was not perfected within the filing requirements of 46
C.F.R. 5.703. However, the record does not show
acknowledgement from Appellant's counsel of the date he received
the transcript. Granting Appellant the benefit of the doubt,
this matter is properly before the Commandant for review. | Appeal No. 2543 | Suspension and Revocation Appeals Authority | 6/10/1992 | 6/10/1992 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2544 - GENER | This appeal has been taken in accordance with 46 U.S.C.
7702 and 46 C.F.R. 5.701.
By an order dated 2 December 1991, an Administrative Law
Judge of the United States Coast Guard at New York, New York,
revoked Appellant's Merchant Mariner's Document upon finding
proved the charge of use of dangerous drugs. The single
specification supporting the charge alleged that, on or about 14
March 1991, Appellant wrongfully used cocaine as evidenced in a
urine specimen collected on that date which subsequently tested
positive for the presence of cocaine.
The hearing commenced at New York, New York on 17 July 1991.
At that time, Appellant appeared, without professional counsel
and requested and received a continuance until 1 August 1991.
The hearing was resumed and completed on 1 August 1991, with
Appellant appearing, represented by professional counsel.
Appellant entered a response denying the charge and
specification as provided in 46 C.F.R. 5.527. The Investigating
Officer introduced four exhibits into evidence and two witnesses testified at his request (one of these by telephonic testimony).
Appellant introduced one exhibit into evidence. One witness
testified on behalf of Appellant. In addition, Appellant
testified on his own behalf. | Appeal No. 2544 | Suspension and Revocation Appeals Authority | 6/11/1992 | 6/11/1992 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2545 - JARDIN | This appeal has been taken in accordance with 46 U.S.C.
7702 and 46 C.F.R. 5.701.
By an order dated 27 February 1992, an Administrative Law
Judge of the United States Coast Guard at New York, New York,
revoked Appellant's document upon finding proved a charge of use
of a dangerous drug. The single specification supporting the
charge alleged that Appellant used dangerous drugs as evidenced
in a urine specimen collected on or about 21 June 1991, which
subsequently tested positive for the presence of dangerous drugs.
The hearing was held at Providence, Rhode Island on 31
October 1991. Appellant appeared at the hearing with
professional counsel by whom he was represented throughout the
proceedings.
Appellant responded to the charge and specification by denial
as provided in 46 C.F.R. 5.527. The Investigating Officer introduced seven exhibits into evidence and two witnesses
testified at his request. Appellant did not testify on his own
behalf, nor did he call any witnesses. He introduced one
exhibit into evidence and actively cross-examined the
Government's witnesses. | Appeal No. 2545 | Suspension and Revocation Appeals Authority | 6/11/1992 | 6/11/1992 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2546 - SWEENEY | This appeal has been taken in accordance with 46 U.S.C.
7702 and 46 C.F.R. 5.701.
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 in a drug test administered and the
urine specimen collected on that date.
The hearing was held at Alameda, California on 31 January
1991 and on 12 and 13 March 1991. Appellant was represented by
professional counsel. Appellant entered a response denying the
charge and specification as provided in 46 C.F.R. 5.527. The
Investigating Officer introduced nine exhibits into evidence and introduced the testimony of three witnesses, two of whom
testified telephonically pursuant to 46 C.F.R. 5.535(f).
Appellant introduced 8 exhibits into evidence and introduced the
testimony of two witnesses. In addition, Appellant testified
under oath in his own behalf. | Appeal No. 2546 | Suspension and Revocation Appeals Authority | 6/30/1992 | 6/30/1992 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2547 - PICCIOLO | This appeal has been taken in accordance with 46 U.S.C.
7702 and 46 C.F.R. 5.701.
By an order dated 15 January 1992, an Administrative Law
Judge of the United States Coast Guard at Long Beach, California,
revoked Appellant's document upon finding proved a charge of
incompetence. The single specification supporting the charge
alleged that Appellant, while serving as Able Seaman aboard SS
SEA-LAND HAWAII, O.N. 547288, under authority of his document,
was found not fit for duty due to uncontrolled diabetes, and
continued to suffer from the effects of diabetes.
The hearing was held at Long Beach, California, on 13
November and 12 December 1991. Appellant appeared personally and
was advised of his rights. He elected to represent himself,
which he did for the remainder of the hearing.
Appellant responded to the charge and specification by denial as provided in 46 C.F.R. 5.527. The Investigating Officer
introduced five exhibits into evidence and two witnesses
testified at his request. Appellant introduced a total of four
exhibits and the testimony of three witnesses. | Appeal No. 2547 | Suspension and Revocation Appeals Authority | 8/19/1992 | 8/19/1992 | | 11/30/2017 |
| 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 | 2549 - LEVENE | This request for issuance of a temporary license has been
accepted and reviewed in accordance with 46 United States Code
(U.S.C.) 7703 and 46 Code of Federal Regulations (C.F.R.)
5.707.
BACKGROUND
By order dated September 25, 1992, an Administrative Law
Judge of the United States Coast Guard at New York, New York
revoked Appellant's seaman's documents upon finding proved the
charges of misconduct and violation of law. The misconduct This request for issuance of a temporary license has been
accepted and reviewed in accordance with 46 United States Code
(U.S.C.) 7703 and 46 Code of Federal Regulations (C.F.R.)
5.707.
BACKGROUND
By order dated September 25, 1992, an Administrative Law
Judge of the United States Coast Guard at New York, New York
revoked Appellant's seaman's documents upon finding proved the
charges of misconduct and violation of law. The misconduct | Appeal No. 2549 | Suspension and Revocation Appeals Authority | 4/13/1993 | 4/13/1993 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2550 - RODRIQUES | This appeal has been taken in accordance with 46 U.S.C.
7702 and 46 C.F.R. 5.701.
By order dated September 25, 1991, an Administrative Law
Judge (Judge) of the United States Coast Guard at New York, New
York suspended Appellant's Coast Guard issued License and
Merchant Mariner's Document for a period of four months, remitted
on eight months probation, upon finding proved a charge of
negligence and one of three supporting specifications.
The proven specification alleges that, during an outbound
voyage on the evening of December 4, 1990, Appellant, while
serving as Pilot under the authority of the captioned documents,
negligently failed to maintain the M/V NANTUCKET, Official Number
556196, within the navigable limits of Lewis Bay Channel,
Nantucket Sound, Massachusetts.
A hearing on this matter was held at Providence, Rhode
Island on May 8, 1991. Appellant appeared with his Counsel,
William Hewig III, Esq. On the advice of Counsel, Appellant
denied the charge and its three supporting specifications. The Investigating Officer offered into evidence twelve exhibits and
introduced the testimony of five witnesses. Appellant offered
into evidence two exhibits and introduced the testimony of one
witness.
The Judge's written Decision and Order was issued
on September 25, 1991, and served on Appellant on September 30,
1991. Appellant filed a notice of appeal on October 3, 1991,
pursuant to 46 C.F.R. 5.703. Appellant filed the completed
appeal on November 22, 1991. Accordingly, this appeal is
properly before the Vice Commandant for review. | Appeal No. 2550 | Suspension and Revocation Appeals Authority | 6/28/1993 | 6/28/1993 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2531 - SERRETTE | This appeal has been taken in accordance with 46 U.S.C.
7702 and 46 C.F.R. 5.701.
By an order dated 8 April 1991, an Administrative Law Judge
of the United States Coast Guard at Houston, Texas suspended
Appellant's Merchant Mariner's Document outright for two months
with an additional suspension of three months remitted on nine
months probation upon finding proved the charge of misconduct.
The single specification supporting the charge alleged that, on
or about 12 August 1990, Appellant, while serving under the
authority of his document as tankerman, did wrongfully fail to
follow vessel oil transfer procedures and did wrongfully violate 33 C.F.R. 156.120(t)(3), to wit: violating instructions for
topping-off cargotanks on the barge SFI-33.
The hearing was held at Houston, Texas on 16 January 1991.
The Investigating Officer introduced nine exhibits into evidence
and introduced the testimony of three witnesses. Appellant was
represented by professional counsel and introduced four exhibits
and the testimony of one witness. Appellant entered a response
of "deny" to the charge and specification as provided in 46
C.F.R. 5.527.
The Administrative Law Judge's written order suspending
Appellant's Merchant Mariner's Document was entered on 8 April
1991. The decision and order were served on Appellant on 10
April 1991. Appellant filed a notice of appeal on 3 May 1991.
Upon request, a transcript of the proceeding was served on
Appellant, however, there is no definitive record of when the
transcript was served on Appellant. Appellant submitted a brief
on 7 June 1991. Accordingly, this matter is properly before the
Vice Commandant for review. | Appeal No. 2531 | Suspension and Revocation Appeals Authority | 11/27/1991 | 11/27/1991 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2501 - HAWKER | On 26 July 1990, the Vice Commandant affirmed the suspension of
Petitioner's license. Petitioner thereafter filed a timely notice of
appeal to the National Transportation Safety Board. Pending the
decision of the Vice Commandant, Petitioner had been granted a
temporary license. By request dated 7 August 1990 Petitioner has
requested a stay of the decision of the vice Commandant pursuant to
46 CFR 5.715 pending the decision of the National Transportation
Safety Board.
ORDER
The effect of the Vice Commandant's decision on Appeal 2501
issued on 26 July 1990 is hereby STAYED pending the decision of the
National Transportation Safety Board on Petitioner's appeal. An
Officer in Charge, Marine Inspection shall issue a temporary document
to Petitioner in accordance with 46 CFR 5.715, to be renewed as
necessary until such time as the National Transportation Safety Board
has completed its review. | Appeal No. 2501 | Suspension and Revocation Appeals Authority | 9/1/1990 | 9/1/1990 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2502 - RABATSKY | This appeal has been taken in accordance with 46 U.S.C. 7702 and
46 C.F.R. 5.701.
By an 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 alleged that on or about 26 June 1985,
Appellant, while serving as operator aboard the M/V JOHN M. SELVICK,
under the authority of the above-captioned license, operated the
vessel and its tow 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
he hearing, Appellant was represented by professional counsel and
entered a plea of denial to the charge and specification.
The Investigating Officer introduced in evidence ten exhibits and
the testimony of one witness. In his defense, Appellant introduced
in evidence five exhibits, his own testimony, and the testimony of two additional witnesses.
After the hearing, the Administrative Law Judge rendered a
decision concluding that the charge and specification had been proved
and entered a written order suspending all licenses and certificates
issued to Appellant for three months remitted on twelve months
probation. | Appeal No. 2502 | Suspension and Revocation Appeals Authority | 7/31/1990 | 7/31/1990 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2503 - MOULDS | This appeal has been taken in accordance with 46 U.S.C. 7702 and
46 C.F.R. 5.701.
By an order dated 14 February 1990, an Administrative Law Judge
of the United States Coast Guard at Port Arthur, Texas, suspended
Appellant's Merchant Mariner's License and Merchant Mariner's Document
for two months remitted on none months probation upon finding proved
the charges of negligence and misconduct.
The charge of negligence is supported by one specification
alleging that Appellant, while operating under the authority of his
license and document as operator of the M/V VANPORT and tow, on or
about 30 July 1989, failed to safely navigate his vessel and tow while
transiting the Gulf Intracoastal Waterway (GICW), resulting in a
collision with the M/V MARINE INLAND and tow.
The charge of misconduct is supported by five specifications
alleging that Appellant, while operating under the authority of his
license and document as operator of the M/V VANPORT and tow while
transiting the GICW: (1) Wrongfully failed to safely navigate his
vessel while in an overtaking situation; (2) wrongfully failed to maintain a proper lookout; (3) Wrongfully failed to proceed at a safe
speed; (4) Wrongfully failed to render a required sound signal; (5)
Wrongfully failed to sound the danger signal.
The hearing was held at Port Arthur, Texas on 31 October and
7 December 1989. Appellant was represented at the hearing by
professional counsel. | Appeal No. 2503 | Suspension and Revocation Appeals Authority | 8/20/1990 | 8/20/1990 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2504 - GRACE | This appeal has been taken in accordance with 46 U.S.C. SS7702
and 46 CFR SS5.701.
By an order dated 17 October 1989, an Administrative Law Judge of
the United States Coast Guard at Houston, Texas, revoked Appellant's
Merchant Mariner's Document upon finding proved the charge and
specification of misconduct for possession of a controlled substance,
marijuana.
The specification alleges that Appellant, while serving under the
authority of his above captioned document as seaman on board the M/T
KENAI, a merchant vessel of the United States, did, on 6 January 1989,
possess a controlled substance.
The hearing was held at Houston, Texas on 20 March and 2 August
1989. Appellant appeared and was represented by professional counsel.
Appellant's case was joined with that of another respondent with the
consent of Appellant.
The Investigating Officer called three witnesses, who testified
under oath, and presented nine exhibits which were admitted into
evidence. Appellant testified under oath in his own behalf. Upon
finding proved the charge and specification of misconduct, the
Administrative Law Judge revoked Appellant's document. | Appeal No. 2504 | Suspension and Revocation Appeals Authority | 8/20/1990 | 8/20/1990 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2505 - TAYLOR | This appeal has been taken in accordance with 46 U.S.C. SS7702
and 46 CFR SS5.701.
By an order dated 30 October 1989, an Administrative Law Judge of
the United States Coast Guard at Houston, Texas, suspended outright
Appellant's license for three months, having found proved the charge
of misconduct. The charge was supported by one specification alleging
that Appellant, under the authority of his license, served as the
operator of the passenger vessel M/V MISS GO-CO on 30 March 1989,
without a Certificate of Inspection. The hearing was held at Houston,
Texas on 24 August 1989. Appellant himself was not present at the
hearing, but was represented at the hearing by a designated
representative. At the hearing, Appellant's representative entered an
answer of "deny" to the charges and specifications on behalf of
Appellant.
The Investigating Officer introduced in evidence twelve exhibits
and the testimony of two witnesses. In defense, Appellant offered in
evidence three exhibits, the testimony of one witness, and his own
testimony. | Appeal No. 2505 | Suspension and Revocation Appeals Authority | 8/20/1990 | 8/20/1990 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2506 - SYVERTSEN | This appeal has been taken in accordance with 46 U.S.C. 7702 and
46 C.F.R. 5.701.
By an order dated 8 June 1989, an Administrative Law Judge of
the United States Coast Guard at New York City, New York, suspended
Appellant's First Class Pilot License for a period of two months
remitted on four months probation upon finding proved the charge of
negligence. The single specification supporting the charge alleged
that on 9 May 1988, Appellant, while serving as Pilot on board the M/V
OMI HUDSON under the authority of his above-captioned License, did
fail to keep a safe distance while overtaking the M/V EASTERN SUN,
resulting in a collision between the M/V OMI HUDSON and the M/V
EASTERN SUN approximately four miles north of the Tappan Zee Bridge on
the Hudson River.
The hearing was held on July 21 and July 22, 1988, at New York,
New York. Appellant was represented by professional counsel and
entered a response of DENIAL to the charge and the specification.
During the hearing the Administrative Law Judge heard six
witnesses an admitted twenty-two exhibits. At the conclusion of the hearing the Administrative Law Judge reserved decision. The complete
Decision and Order was issued on 8 June 1989, and served on Appellant
on 12 June 1989. Appellant perfected his appeal by filing his appeal
with the Commandant on 17 August 1989. | Appeal No. 2506 | Suspension and Revocation Appeals Authority | 9/6/1990 | 9/6/1990 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2507 - WEIS | This appeal has been taken in accordance with 46 U.S.C. SS7702
and 46 CFR SS5.701.
By an order dated 3 February 1989, an Administrative Law Judge of
the United States Coast Guard at Houston, Texas ordered an outright
suspension, for one month, of Appellant's license and merchant
mariner's document, to be followed by a two month suspension of his
documents on six months probation. The single specification
supporting the charge of misconduct alleged that Appellant, while
serving as Master aboard the S/S OMI CHARGER under the authority of
the captioned documents, did, from 23 December 1987 to 23 April 1988,
fail to lower to the water lifeboat number 1 at least once in each
three-month period in violation of 46 C.F.R. SS35.10-5(e)(5). The
hearing was held at Port Arthur, Texas, on 8 September 1988, and
Appellant was represented by professional counsel. Heard earlier that
day was the case of Captain Steven Fox, who was Appellant's successor
as Master of the S/S OMI CHARGER. After the close of the Fox hearing
and at the commencement of the Weis hearing, it was stipulated by and
between Appellant's counsel and the Senior Investigating Officer that
the transcripts of both hearings would apply to each case, including
all witnesses and exhibits, and that they would be essentially tried
in joinder. These stipulations were accepted partly because it was
the same vessel and the same counsel representing both the Appellant
and Captain Fox.
As a result of the stipulation, the Appellant introduced into
evidence ten exhibits and the testimony of five witnesses. Appellant entered a response of DENIAL to the charge and specification as
provided in 46 C.F.R. 5.527. The Senior Investigating Officer
introduced seven exhibits which were admitted into evidence and the
testimony of one witness. | Appeal No. 2507 | Suspension and Revocation Appeals Authority | 9/6/1990 | 9/6/1990 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2508 - LYLE | This appeal has been taken in accordance with 46 U.S.C. SS7702
and 46 CFR SS5.701.
By an order dated 30 May 1989, an Administrative Law Judge of the
United States Coast Guard at Houston, Texas suspended Appellant's
Merchant Mariner's Document outright for eight months upon finding
proved the charge of misconduct. The misconduct charge was supported
by two specifications, both of which were found proved. The first
specification alleged that Appellant on or about 19 December 1988,
while serving as an able seaman aboard the S/T OVERSEAS CHICAGO, did,
while said vessel was engaged in lightering operations, assault the
Chief Mate, Vernon Adkison, in the cargo control room by making The
first specification further alleged that, by confronting the Chief
Mate during the operations and in the control room, Appellant had
created a disturbance aboard the ship at a critical time. The second
specification alleged that Appellant, while serving in the same
capacity on 20 December 1988, verbally threatened the same Chief Mate
in the Captain's office.
The hearing was held at Houston, Texas, on 30 march 19898.
Appellant appeared at the hearing pro se and entered a plea of
DENIAL to the charge and all specifications.
The Investigating Officer introduced five exhibits into evidence
and called four witnesses. Thee Appellant testified in his own behalf
and introduced the testimony of four other witnesses. The Administrative Laws Judge found the charge and specifications proved
at the conclusion of the hearing on 30 March 1989. The complete
Decision and Order was issued on 15 June 1989 and was served on
Appellant on 19 June 1989. Appellant filed a notice of appeal on 12
June 1989 and perfected his appeal by filing a brief on 7 November
1989. | Appeal No. 2508 | Suspension and Revocation Appeals Authority | 6/15/1989 | 6/15/1989 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2509 - BRYANT | This appeal has been taken in accordance with 46 U.S.C. SS7702
and 46 CFR SS5.701.
By an order dated 13 December 1989, an Administrative Law Judge
of the United States Coast Guard at Miami, Florida suspended
Appellant's Merchant Mariner's License outright for 3 months plus an
additional suspension of 8 months remitted on 12 months probation upon
finding proved the charge of misconduct supported by 4 specifications.
The 4 supporting specifications alleged that, at various times in
1988 and 1989, Appellant misrepresented his qualifications which were
required in order to obtain a first class pilotage endorsement in U.S.
navigable waters. A fifth specification was dismissed upon the motion
of the Investigating Officer. The incidents occurred at Coast Guard
Regional Examination Centers (RECs) in Miami, Florida; Houston, Texas;
and New Orleans, Louisiana.
The hearing was held at Miami, Florida on 31 October 1989.
Appellant appeared and elected to advance his defense pro se after
being fully advised of his right to professional counsel. Appellant
submitted an answer of "no contest" to the charge and specifications.
Appellant filed no motions or objections. Upon the motion of the Investigating Officer, the Administrative Law Judge dismissed
specification 2 of the charge. Accordingly, the Administrative Law
Judge found the remaining charge and specifications proved without the
presentation of evidence by the Investigating Officer as permitted by
46 C.F.R. 5.527. | Appeal No. 2509 | Suspension and Revocation Appeals Authority | 9/6/1990 | 9/6/1990 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2510 - HALPIN | This appeal has been taken in accordance with 46 U.S.C. SS7702
and 46 CFR SS5.701.
By an order dated 9 January 1989, an Administrative Law Judge of
the United States Coast Guard at Jacksonville, Florida suspended
Appellant's Merchant mariner's License for three months remitted on
twelve months probation upon finding proved the charge of misconduct.
The charge was supported by a single specification alleging that,
on or about 17 February 1988, Appellant, under the authority of his
license, wrongfully operated the M/V PRESIDENTIAL SUITE II with more
than six passengers without a Certificate of Inspection.
The hearing was held at Jacksonville, Florida on 21 December
1988. Appellant appeared and was represented by professional counsel.
Appellant submitted an answer of "no contest" to the charge and
specification. Appellant filed no motions or objections.
Accordingly, the Administrative Law Judge found the charge and
specification proved without presentation of evidence by the
Investigating officer as permitted by 46 C.F.R. SS5.527.
The Administrative Law Judge issued his written Decision and Order on 9 January 1989. The record and administrative case file
fails to confirm when the Decision and Order was served on Appellant,
however, Appellant, in his notice of appeal states that the Decision
and Order was delivered to him postmarked 29 June 1989. | Appeal No. 2510 | Suspension and Revocation Appeals Authority | 9/6/1990 | 9/6/1990 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2511 - GILTNER | This appeal has been taken in accordance with 46 U.S.C. SS7702
and 46 CFR SS5.701.
By an order dated 19 April 1989, an Administrative Law Judge of
the United States Coast Guard at New Orleans, Louisiana revoked
Appellant's Merchant Mariner's License upon finding proved the charge
and specification of misconduct having been convicted of a violation
of a Federal narcotics law.
The specification supporting the single charge alleges that
Appellant, while the holder of the above captioned license was
convicted on or about 15 August 1988, in U.S. District Court, Middle
District of Florida, Tampa Division, of conspiracy to import in excess
of 1,000 pounds of marijuana with the intent to distribute.
The hearing was held at Tampa, Florida on 4 April 1989.
Appellant appeared pro se, having been fully advised of his right
to professional counsel. The Investigating Officer presented three
exhibits which were admitted into evidence. Appellant presented three
exhibits which were admitted into evidence. Appellant entered the
answer of deny to the charge and specification. Upon finding proved
the charge and specification of misconduct, the Administrative Law Judge revoked Appellant's license. | Appeal No. 2511 | Suspension and Revocation Appeals Authority | 9/6/1990 | 9/6/1990 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2512 - OLIVO | This appeal has been taken in accordance with 46 U.S.C. SS7702
and 46 CFR SS5.701.
By an order dated 21 April 1989, an Administrative Law Judge of
the United States Coast Guard at Long Beach, California, suspended
Appellant's Merchant Mariner's Document outright for six months and an
additional six months, remitted on twelve months probation, upon
finding proved the charge of misconduct. The charge was supported by
two specifications which were found proved. An additional
specification was dismissed by the Administrative Law Judge.
The first specification alleges that Appellant, under the
authority of the above captioned document, was, on or about 20 January
1989, wrongfully under the influence of alcohol while aboard the M/V
EXXON YORKTOWN in violation of 33 C.F.R. SS95.045(b).
The second specification alleges that at the same time and date
aforementioned, Appellant was in wrongful possession of certain
alcoholic beverages. This specification was dismissed by the
Administrative Law Judge.
The third specification alleges that at the same time and date
aforementioned, Appellant wrongfully assaulted and battered the second
officer of the M/V EXXON YORKTOWN, Jorge Viso, by beating him with his
fists.
The hearing was held at Long Beach, California on 12 April 1989. | Appeal No. 2512 | Suspension and Revocation Appeals Authority | 10/5/1990 | 10/5/1990 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2513 - PULSIFER | This appeal has been taken in accordance with 46 U.S.C. 7702 and
46 C.F.R. 5.701.
By an order dated 22 May 1989, an Administrative Law Judge of the
United States Coast Guard at Norfolk, Virginia suspended Appellant's
Merchant Mariner's License and Document for one month remitted on six
months probation. This order supplemented the written decision of the
Administrative Law Judge dated Norfolk, Virginia, on 4 May 1989.
PULSIFER
Appellant was charged with negligence supported by two
specifications. This charge and both specifications were dismissed by
the Administrative Law Judge. (Specification one was found not proved
and dismissed, Specification two was dismissed for vagueness).
Appellant was also charged with misconduct supported by four
specifications. The charge and specification two were found proved.
Specification one was withdrawn by the Investigating Officer.
Specifications three and four were found not proved and were
dismissed.
The specification found proved alleged that Appellant, while
serving aboard the USNS CAPELLA, under the authority of his license
and document, did, on 17 November 1988, operate the vessel in the
Chesapeake Bay Regulated Navigational Area, with impaired
maneuverability, without the authorization of the Captain of the Port,
in violation of 33 C.F.R. 165.501(c)(6)(i)(B) (1988)1.
The hearing was held at Norfolk, Virginia on
20 and 21 December 1988. The Administrative Law Judge issued a
written decision on 4 May 1989 based on the substance of that hearing.
An additional session was held on 19 May 1989 at Norfolk, Virginia, at
which time the Administrative Law Judge issued the order suspending
Appellant's license for one month remitted on six months probation. | Appeal No. 2513 | Suspension and Revocation Appeals Authority | 10/8/1990 | 10/8/1990 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2514 - NILSEN | This appeal has been taken in accordance with 46 U.S.C. 7702 and
46 CFR 5.701, 5.607.
By an order dated 14 December 1988, an Administrative Law Judge
of the United States Coast Guard at Norfolk, Virginia, revoked
Appellant's Merchant Mariner's Document upon finding proved the charge
of incompetence. The specification supporting the charge of
incompetence alleged that Appellant, while serving under the authority
of his above-captioned document aboard the USNS INVINCIBLE, did, while
at sea on 5 August 1988, attempt to commit suicide by slashing his
arms with a razor blade.
Hearings were held in absentia under the provisions of 46
C.F.R. 515.5(a) at Portsmouth, Virginia on 6 October 1988, and at
Norfolk, Virginia on 7 November 1988, and 16 November 1988. The
Investigating Officer introduced the testimony of four witnesses and
seven exhibits into evidence. The Administrative Law Judge introduced
ten exhibits into evidence, including two submitted by the Appellant
by mail. The Administrative Law Judge issued an Order of Revocation
on 25 November 1988, and a final Decision and Order on 14 December
1988. Subsequent to the Order of Revocation, on 28 November 1988,
Appellant filed a pro se request for "retrial and appeal" with the
Commandant, which was forwarded to the Administrative Law Judge. This
submission is sufficiently detailed to be considered a concurrent
Notice of Appeal and Brief. The Administrative Law Judge denied
Appellant's request to reopen the hearing in an order dated 5 January
1989 and on the same day forwarded Appellant's notice of appeal of the Order of Revocation of 25 November 1988, to the Commandant. | Appeal No. 2514 | Suspension and Revocation Appeals Authority | 10/12/1990 | 10/12/1990 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2515 - COUSINS | This appeal has been taken in accordance with 46 U.S.C. SS7702
and 46 CFR SS5.701.
By an order dated 16 October 1989, an Administrative Law Judge of
the United States Coast Guard at Seattle, Washington, suspended
Appellant's Merchant Mariner's License outright for a period of nine
months upon finding proved the charge of negligence. The charge was
supported by one specification which was found proved. The
specification alleged that Appellant, while serving as third mate
under the authority of the captioned license, on board the T/S EXXON
VALDEZ, on or about 23 March 1989, at approximately 2355 and on or
about 24 March 1989, at approximately 0002 while the vessel was in
Prince William Sound, Alaska, failed to maintain an accurate record of
the vessel's position, and failed to ensure steering commands to
return the vessel to the Prince William Sound Traffic Separation
Scheme were executed in a timely manner, thereby placing the vessel in
danger of grounding.
The hearing was held at Seattle, Washington on 5 October 1989.
Appellant appeared at the hearing and was represented by professional
counsel. Appellant entered, in accordance with 46 C.F.R. SS5.527(b),
an answer of no contest to the charge and specification. | Appeal No. 2515 | Suspension and Revocation Appeals Authority | 10/28/1990 | 10/28/1990 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2516 - ESTRADA | This appeal has been taken in accordance with 46 U.S.C. SS7702
and 46 CFR SS5.701.
By order dated 27 October 1989, an Administrative Law Judge of the
United States Coast Guard at San Juan, Puerto Rico, suspended
Appellant's Merchant Mariner's License and Document for five months
remitted on 10 months probation. This order was issued upon finding
proved a charge of negligence supported by a single specification.
The charge alleged that Appellant, while serving under the
authority of his license and document as pilot aboard the S/S SEALAND
DISCOVERY, did, on or about 28 July 1988, fail to safely navigate
within San Juan Harbor Channel, thereby causing the S/S SEALAND
DISCOVERY to run aground.
The hearing was held at San Juan, Puerto Rico on 22 and 23
September 1989.
Appellant appeared at the hearing and was represented by
professional counsel. Appellant entered, in accordance with 46 C.F.R.
SS5.527(a), an answer of deny to the charge and specification.
The Investigating Officer introduced in evidence 12 exhibits and
called four witnesses. | Appeal No. 2516 | Suspension and Revocation Appeals Authority | 10/24/1990 | 10/24/1990 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2517 - BURRUS | This appeal has been taken in accordance with 46 U.S.C. SS7702
and 46 CFR SS5.701, 5.607.
By an order dated 7 August 1987, an Administrative Law Judge of
the United States Coast Guard at Norfolk, Virginia, revoked Appellant's
Merchant Mariner's Document upon finding proved the charge of
misconduct. The specification supporting the charge of misconduct
alleged that Appellant, while serving under the authority of his
above-captioned document aboard the USNS ALTAIR, did, while the vessel
was at anchor on 6 April 1987, wrongfully assault and batter a member
of the crew with his fists and a broken plate.
The hearing was held at Norfolk, Virginia, on 5 May 1987.
Appellant appeared pro se at the hearing and entered a
response of deny to the charge and specification. The Investigating
Officer presented seven exhibits which were admitted into evidence and
produced the testimony of seven witnesses. Appellant testified in his
own behalf.
The order revoking appellant's document was issued in writing by
the Administrative Law Judge on 6 May 1987. The record does not
indicate when the order was served on appellant. However, Appellant's
Notice of Appeal, Addendum and Brief, and Request for Transcript were
received by the Administrative Law Judge on 1 June, 1987. Appellant's
request for an extension of time in which to file a brief and second request for a transcript were received by the Administrative Law Judge
on 29 June, 1987, and the record indicates that the Decision and Order
was served on appellant on that date. | Appeal No. 2517 | Suspension and Revocation Appeals Authority | 2/6/1991 | 2/6/1991 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2518 - HENNARD | This Appeal has been taken in accordance with 46 U.S.C. 7702
and 46 C.F.R. 5.701.
By an order dated 17 October 1989, an Administrative Law Judge
of the United States Coast Guard at Houston, Texas, revoked
Appellant's Merchant Mariner's Document, having found proved the
charges of misconduct and use of dangerous drugs. The charge
relating to dangerous drug use was supported by a single
specification alleging that Appellant, under the authority of the
above-captioned merchant mariner's document, was on 1 June 1989
found to be a user of dangerous drugs, to wit: marijuana, as a
result of a drug screen test conducted by the Institute of Forensic
Sciences Toxicology Laboratory in Oakland, California. The charge
of misconduct was supported by a single specification which alleged
that Appellant, while serving aboard the M/V GREEN WAVE, under the
authority of the above-captioned document, did, on or about 11 May
1989, wrongfully have marijuana in his possession. The hearing was
held at Houston, Texas on 3 August 1989. Appellant was represented
by professional counsel and entered a response of admit to the two
charges and accompanying specifications.
The Investigating Office introduced in evidence nine exhibits.
As a result of Appellant's formal admissions, the Investigating
Officer did not call any of the three witnesses he would otherwise
have called. A summary of the proposed testimony of the witnesses
was entered into the record. For the purpose of showing
rehabilitation, Appellant introduced in evidence one exhibit, the
testimony of one witness, and his own testimony. | Appeal No. 2518 | Suspension and Revocation Appeals Authority | 2/6/1991 | 2/6/1991 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2519 - JEPSON | This appeal has been taken in accordance with 46 U.S.C. 7702 and
46 CFR 5.701.
By an order dated 30 march 1990, an Administrative Law Judge of
the United States Coast Guard at Long Beach, California suspended
Appellant's Merchant Mariner's License outright for six months with an
additional six months suspension remitted on twelve months probation.
Appellant was charged with negligence supported by five
specifications. The charge and specifications two and three were
found proved. Specifications four and five were withdrawn by the
Investigating Officer. Specification one was found not proved and was
dismissed.
Specification two alleged, as amended, that Appellant, while
serving aboard the M/V LITTLE BELLE, under the authority of the abovecaptioned
license, did, on or about 28 March 1989, operate the vessel
on the Colorado River, Bullhead City, Arizona, and negligently failed
to take positive, timely action to avoid collision with the unnamed
motorboat, AZ 2088C(motorboat), in violation of 33 U.S.C. 2008 (Rule
8), Inland Navigational Rules of the Road. | Appeal No. 2519 | Suspension and Revocation Appeals Authority | 2/7/1991 | 2/7/1991 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2520 - DAVIS | This appeal has been taken in accordance with 46 U.S.C. SS7702
and 46 CFR SS5.701.
By order dated 24 July 1990, an Administrative Law Judge of the
United States Coast Guard at Long Beach, California, suspended
Appellant's Merchant Mariner's License outright for three months with
an additional suspension of six months remitted on 12 months
probation. This order was issued upon finding proved a charge of
negligence supported by a single specification.
The charge alleged that Appellant, while serving under the
authority of his license as master of the S/V TEREGRAM, did, on or
about 17 May 1990, fail to ensure that all passengers were onboard the
vessel upon departure from Molokini /crater, Hawaii, thereby leaving
one passenger in the water. The hearing was held at Honolulu, Hawaii
on 12 June 1990.
Appellant appeared at the hearing and was represented by
professional counsel. Appellant entered, in accordance with 46 C.F.R.
SS5.527(a), an answer of deny to the charge and specification. | Appeal No. 2520 | Suspension and Revocation Appeals Authority | 2/7/1991 | 2/7/1991 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2521 - FRYER | This appeal has been taken in accordance with 46 U.S.C. SS7702
and 46 CFR SS5.701.
By his order dated 17 August 1990, an Administrative Law Judge
for the United States Coast Guard at Tampa, Florida suspended
Appellant's license for six months, remitted on twelve months
probation, having found proved the charges of misconduct and violation
of law.
The specification supporting the charge of misconduct alleged
that Appellant, while serving under the authority of the abovecaptioned
license as operator of the M/V PRINCESS XANADU OF MONACO
(M/V PRINCESS XANADU) on 3 February 1990, operated said vessel without
a Certificate of Inspection while carrying more than six passengers.
The specification supporting the charge of violation of law
alleges that Appellant, on 3 February 1990, operated the M/V PRINCESS
XANADU in the coastwise trade. The vessel has a Certificate of
Documentation endorsed only for pleasure.
The hearing was held at Tampa, Florida on 19 and 20 April 1990 and
on 10 May 1990. Appellant was represented at the hearing by professional counsel. At the hearing, Appellant entered an answer of
"deny" to the charges and specifications. | Appeal No. 2521 | Suspension and Revocation Appeals Authority | 2/15/1991 | 2/15/1991 | | 11/30/2017 |
| 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 | 2523 - BRACKEN | This appeal has been taken in accordance with 46 U.S.C. SS7702
and 46 CFR SS5.701.
By an order dated 2 July 1990, an Administrative Law Judge of the
United States Coast Guard at Tampa, Florida suspended Appellant's
license and any documents issued for one month, remitted on three
months probation, having found proved the charge of misconduct.
The specification supporting the charge of misconduct alleges
that Appellant, while serving under the authority of the abovecaptioned
license as master of the tug M/V BELCHER PORT EVERGLADES,
O.N. 636207, did, on 8 January 1990, wrongfully fail to report as soon
as possible the grounding of barge BELCHER 101 (which said tug was
towing) as required in 46 C.F.R. 4.05-1(a).
The hearing was held at Tampa, Florida on 12 February and 30
March 1990. Appellant was not present at the initial session but was
present at the subsequent session. Appellant was represented at both
sessions by professional counsel. At the hearing, Appellant entered
an answer of "deny" to the charge and specification. | Appeal No. 2523 | Suspension and Revocation Appeals Authority | 5/7/1991 | 5/7/1991 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2524 - TAYLOR | This appeal has been taken in accordance with 46 U.S.C. SS7702
and 46 CFR SS5.701.
By an order dated 30 November 1990, an Administrative Law Judge
of the United States Coast Guard at Norfolk, Virginia revoked
Appellant's Merchant Mariner's Document for negligence, violation of
law and misconduct.
Appellant was charged with negligence supported by a single
specification alleging that he negligently failed to properly navigate
his vessel, causing an allision with a bridge.
Appellant was also charged with violation of law supported by a
single specification alleging that he wrongfully discharged oil into a
navigable water.
Appellant was also charged with misconduct supported by twelve
specifications alleging that Appellant wrongfully served in the
capacity of towing vessel operator while his license was under
suspension from a previous order of the Administrative Law Judge.
The hearing was held on 5, 7, and 11 September 1990. Appellant,
represented by professional counsel, was present at the proceedings.
The Investigating Officer offered into evidence twelve exhibits and
introduced the testimony of nine witnesses. Appellant offered into
evidence two exhibits and introduced the testimony of two witnesses. | Appeal No. 2524 | Suspension and Revocation Appeals Authority | 5/9/1991 | 5/9/1991 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2525 - ADAMS | This appeal has been taken in accordance with 46 U.S.C. 7702 and
46 CFR 5.701.
By an order dated 20 March 1990, an Administrative Law Judge of
the United States Coast Guard at New Orleans, Louisiana revoked
Appellant's Merchant Mariner's Document upon finding proved the charge
and specification of misconduct for possession of a controlled
substance, marijuana.
The specification found proved alleges that Appellant, while
serving under the authority of his above-captioned document as seaman
on board the M/V GOLDEN ENDEAVOR, a merchant vessel of the United
States, did, on 26 October 1988, wrongfully possess a controlled
substance Appellant submitted an answer of deny to the charge and
specification.
The Investigating Officer presented the sworn testimony of one
witness and two stipulations of expected testimony. In addition, two
exhibits were admitted into evidence on behalf of the Investigating
Officer. Appellant presented the sworn testimony on one witness and
testified under oath in his own defense. In addition, one exhibit was
admitted into evidence on behalf of Appellant. Upon finding proved
the charge and specification of misconduct, the Administrative Law
Judge revoked Appellant's document. | Appeal No. 2525 | Suspension and Revocation Appeals Authority | 5/6/1991 | 5/6/1991 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2526 - WILCOX | This appeal has been taken in accordance with 46 U.S.C. SS7702
and 46 CFR SS5.701.
By an order dated 17 October 1990, an Administrative law Judge of
the United States Coast Guard at Seattle, Washington revoked
Appellant's Merchant Mariner's Document upon finding proved the charge
and specification of violating 46 U.S.C. SS7704 by using a controlled
substance, marijuana. The specification found proved alleges that
Appellant, while the holder of the above-captioned document, did, on
or about 15 May 1990 have marijuana metabolite present in his body as
revealed through a drug screening test. Appellant submitted an answer
of no contest to the charge and specification.
The Administrative Law Judge fully advised Appellant and his
counsel that an answer of no contest is the same as an admission in
that the Investigating Officer is relieved of the burden of proving
the allegation. [TR 10-11]. Accordingly, the Administrative Law
Judge found the charge and specification proved and entered an order
of revocation.
Appellant testified under oath in matters of extenuation and
mitigation. Appellant filed a notice of appeal on 20 November 1990
and received the transcript of the proceedings on 11 December 1990.
Upon receiving a filing extension, Appellant timely filed a supporting
brief on 21 February 1991. Accordingly, this matter is properly
before the Commandant for disposition. | Appeal No. 2526 | Suspension and Revocation Appeals Authority | 5/6/1991 | 5/6/1991 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2527 - GEORGE | This appeal has been taken in accordance with 46 U.S.C. 7702
and 46 C.F.R. 5.701.
By an order dated 14 November 1990, an Administrative Law
Judge of the United States Coast Guard at Jacksonville, Florida
revoked Appellant's Merchant Mariner's License and 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 14 August 1989 which subsequently tested as positive for the
presence of cocaine metabolite. The hearing was held on 11, 12 and
26 April 1990 at Miami, Florida. Appellant appeared at the
hearings and was represented by professional counsel with the
exception that Appellant was absent from part of the hearing on 11
April 1989. At his request, the hearing continued in
absentia with Appellant represented by his counsel.
The Investigating Officer presented 17 exhibits, including the
deposition of one witness, which were admitted into evidence and
introduced the testimony of three witnesses. Appellant presented
17 exhibits which were admitted into evidence, introduced the
testimony of two witnesses, and testified in his own behalf.
Appellant entered the answer of deny to the charge and
specification.
The Administrative Law Judge's written Order was issued on 14
November 1990. Appellant filed his notice of appeal on 7 December
1990 within the time period prescribed in 46 C.F.R. 5.703.
Following receipt of the transcript of the proceedings on 31
December 1990, Appellant timely filed a supporting brief on 19
February 1991, having received an extension of the filing deadline.
Accordingly, this matter is properly before the Commandant for | Appeal No. 2527 | Suspension and Revocation Appeals Authority | 5/11/1991 | 5/11/1991 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2528 - LUCAS | This appeal has been taken in accordance with 46 U.S.C. 7702
and 46 C.F.R. 5.701.
By an order dated 5 October 1990, an Administrative Law Judge
of the United States Coast Guard at Houston, Texas, suspended
Appellant's License outright for three months with an additional
suspension of six months remitted on six months probation upon
finding proved the charge of violation of law. The charge was
supported by two specifications of violating Rules 15 and 16 of the
Inland Navigation Rules (33 U.S.C. 2015, 2016)(hereafter
"Rules").
The specifications found proved allege that Appellant, while
the operator of the M/V LORIDIA DUFRENE and tow under the authority
of the above-captioned license, did, on or about 29 May 1990,
violate Rule 15 and 16, causing a collision with the M/V CAPTAIN
HENRY INMAN and tow. | Appeal No. 2528 | Suspension and Revocation Appeals Authority | 7/30/1991 | 7/30/1991 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2529 - WILLIAMS | This appeal has been taken in accordance with 46 U.S.C. 7702
and 46 C.F.R. 5.701.
By an order dated 7 November 1990, an Administrative Law Judge
of the United States Coast Guard at Seattle, Washington revoked
Appellant's License and Merchant Mariner's Document upon finding
proved the charge of use of dangerous drugs. The single
specification supporting the charge alleged that, on or about 8
February 1990, Appellant had marijuana metabolites present in his
body in the City of Seattle at, or in the vicinity of, Ballard
Hospital, as was revealed through a drug screening test.
The hearing was held at Seattle, Washington, on 10 August
1990. Appellant was represented by professional counsel.
Appellant entered a response of denying the charge and
specification as provided in 46 C.F.R. 5.527. The Investigating
Officer introduced three exhibits into evidence and two witnesses
testified at his request. One exhibit was introduced by the
Administrative Law Judge. Appellant introduced three exhibits into
evidence and four witnesses testified on his behalf. Appellant
also testified on his own behalf. The Administrative Law Judge's
final order revoking all licenses and documents issued to Appellant | Appeal No. 2529 | Suspension and Revocation Appeals Authority | 9/9/1991 | 9/9/1991 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2530 - GULLEY | This appeal has been taken in accordance with 46 U. S. C.
7702 and 46 C. F. R. 5.701.
By an order dated 8 January 1990, an Administrative Law Judge
of the United States Coast Guard at New York, New York revoked
Appellant's Merchant Mariner's Document upon finding proved the
charge of use of dangerous drugs. The single specification
supporting the charge alleged that, on or about 9 February 1990,
Appellant was tested and found to be a user of a dangerous drug, to
wit: cocaine.
The hearing was held at New York, New York on 30 October 1990.
The Investigating Officer introduced one exhibit into evidence and
introduced the testimony of one witness. Appellant appeared
prose and testified in his own behalf. Appellant entered
a response of "deny" to the charge and specification as provided in
46 C. F. R. 5.527.
The Administrative Law Judge's written order revoking
Appellant's Merchant Mariner's Document was entered on 8 January
1990 (It is noted that this is an administrative error. The date
should read "1991"). The decision and order was served on
Appellant on 17 January 1991. Appellant filed a notice of appeal
on 11 February 1991. Upon request, a transcript of the proceedings
was served on Appellant on 8 April 1991. Appellant submitted a
brief on 17 June 1991, having received an extension of the filing
deadline. Accordingly, this matter is properly before the Commandant for review. | Appeal No. 2530 | Suspension and Revocation Appeals Authority | 11/8/1991 | 11/8/1991 | | 11/30/2017 |