| Suspension and Revocation Appeals Authority | 2109 - SMITH | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 30 November 1976, an Administrative Law Judge
of the United States Coast Guard at San Francisco, California
revoked Appellant's seaman documents upon finding him guilty of the
charge of possession of a narcotic drug. The specification found
proved alleges that while serving as a Third Assistant Engineer on
board the United States SS PRESIDENT JEFFERSON under authority of
the documents above captioned, on or about 12 August 1976,
Appellant was wrongfully in possession of heroin.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and each
specification.
The Investigating Officer introduced in evidence six exhibits
and the testimony of four witnesses.
In defense, Appellant offered in evidence one exhibit. | Appeal No. 2109 | Suspension and Revocation Appeals Authority | 7/18/1977 | 7/18/1977 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2050 - WIJNGAARDE | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 30 May 1975, an Administrative Law Judge of the
United States Coast Guard at New Orleans, Louisiana, suspended
Appellant's seaman documents for 12 months outright upon finding
him guilty of misconduct. The specifications found proved allege
that while serving as Electrician on board the SS SHIRLEY LYKES
under authority of the document above captioned, Appellant did
FIRST, on or about 15 August 1974, wrongfully fail to perform
his duties while in a foreign port;
SECOND, on or about 29 August 1974, while in a foreign port,
wrongfully assault with a dangerous weapon, to wit, a knife,
a member of the crew, Luis Cortes;
THIRD, on or about 29 August 1974, while in a foreign port,
wrongfully assault a member of the crew, Willie Lewis. | Appeal No. 2050 | Suspension and Revocation Appeals Authority | 3/18/1976 | 3/18/1976 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2026 - CLARK | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 30 March 1973, an Administrative Law Judge of
the United States Coast Guard at Baltimore, Maryland, revoked
Appellant's seaman documents upon finding him guilty of misconduct.
The specification found proved alleges that while serving as a
bedroom utility (OBR) on board the United States SS PIONEER
CONTRACTOR under authority of the document above captioned, between
7 December 1972 and 28 February 1973, Appellant was wrongfully a
user of a narcotic drug.
Appellant failed to appear at the hearing and after the
Administrative Law Judge questioned the Investigating Officer
concerning the circumstances surrounding service of charges and
notice of the hearing a motion to proceed in absentia was granted.
The Administrative Law Judge entered a plea of not guilty to all
charges and specifications.
The Investigating Officer introduced in evidence the testimony
of two witnesses and a certification of the applicable shipping
articles. | Appeal No. 2026 | Suspension and Revocation Appeals Authority | 6/5/1975 | 6/5/1976 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2099 - HOLDER | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 30 July 1976, an Administrative Law Judge of
the United States Coast Guard at New York, New York, suspended
Appellant's seaman's documents for three months outright plus three
months on twelve months' probation upon finding him guilty of
misconduct. The specifications found proved alleges that while
serving as an "oiler" on board the United States SS MORMACPRIDE
under authority of the document above captioned, on or about 17-18
October 1975, Appellant:
(1) wrongfully failed to perform his duties from 2000 to 2400
hours due to intoxication while the vessel was in the
port of New York,
(2) wrongfully failed to properly perform his duties from
0800 to 0830 hours by making false entries in the engine
room oiler's log sheet while the vessel was at sea, and
(3) wrongfully assaulted and battered a licensed officer, to
wit, the Third Assistant Engineer, C. Ferneza, with a dangerous weapon, to wit, a clipboard, while the vessel
was at sea.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and each
specification. | Appeal No. 2099 | Suspension and Revocation Appeals Authority | 4/26/1977 | 4/26/1977 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2253 - KIELY | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 30 April 1980, an Administrative Law Judge of
the United States Coast Guard at San Francisco, California,
suspended Appellant's license for three months on twelve month's
probation upon finding him guilty of inattention to duty. The
specification found proved alleges that while serving as Chief Mate
on board SS WORTH under authority of the license above captioned,
on or about 2 June 1978, at Texaco Eagle Point Westville, New
Jersey, on the Delaware River, Appellant failed to adequately
supervise a ballast loading operation on his vessel, causing
pollution of the navigable waters of the United States.
The hearing was held at San Francisco, California, on 15
October and 7 December 1979, 17 and 29 January 1980, and 30 April
1980.
At the hearing, Appellant was represented by counsel and
entered a plea of not guilty to each charge and specification.
The Investigating Officer introduced in evidence statements of
the Second Mate, Mr. William T. Smith; an affidavit of service on
Appellant of 5 October 1979 by the Investigating Officer; and a
Master's Report of Seaman Shipped or Discharged (CG-735(T)) dated
17 October 1979 for SS WORTH. | Appeal No. 2253 | Suspension and Revocation Appeals Authority | 6/10/1981 | 6/10/1981 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2047 - VALLADARES | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 30 April 1974, an Administrative Law Judge of
the United States Coast Guard at New York, New York, suspended
Appellant's seaman's documents for nine months outright plus three
months on 15 months' probation upon finding him guilty of
misconduct. The specifications found proved allege that while
serving as a fireman on board the United States SS SAN JUAN under
authority of the document above captioned, on or about 13 September
1973, at Port Elizabeth, New Jersey, Appellant:
(1) assaulted and battered one Robert Hyer, a crewmember of
the vessel;
(2) assaulted and battered one James R. Wilson, a crewmember
of the vessel; and
(3) assaulted and battered one Stephen Bertrand, second
officer of the vessel.
At the hearing, Appellant was represented by professional
counsel. Since Appellant himself did not appear, the
Administrative Law Judge entered a plea of not guilty to the charge
and each specification.
The Investigating Officer introduced in evidence voyage
records and the testimony of two witnesses. | Appeal No. 2047 | Suspension and Revocation Appeals Authority | 2/3/1976 | 2/3/1976 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2155 - HORNE | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 3 March 1978, an Administrative Law Judge of
the United States Coast Guard at Boston, Massachusetts, suspended
Appellant's license and merchant mariner's document for 1 month on
6 months' probation upon finding him guilty of misconduct. The two
specifications of misconduct found proved allege (1) that
Appellant, while serving as master aboard SS ACHILLES, under
authority of his license and document, on or about 9 January 1978,
wrongfully failed to plot the position of SS ACHILLES while
navigating from naval anchorage "A", Narragansett Bay, East
Passage, to Mount Hope Bay, Rhode Island; and (2) that Appellant
while serving as master of SS ACHILLES, under authority of his
license and document, "wrongfully navigated the vessel in violation
of the vessel's certificate of inspection from 17 December 1977 to
9 January 1978; to wit; the vessel's tailshaft was due to be drawn
no later than 31 October 1977."
At the hearing, Appellant was initially represented by
professional counsel, who was subsequently disqualified by the Administrative Law Judge on motion of the Coast Guard Investigating
Officer. Appellant then entered a plea of guilty to the charge and
specifications. | Appeal No. 2155 | Suspension and Revocation Appeals Authority | 5/11/1979 | 5/11/1979 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2147 - ENNO | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 3 June 1977, an Administrative Law Judge of the
United States Coast Guard at Tampa, Florida, suspended Appellant's
seaman's documents for 2 months plus 6 months on 12 months'
probation upon finding him guilty of negligence. The
specifications found proved allege that while serving as First
Class Pilot on board M/V ESTHER MORAN and tank barge NEW YORK under
authority of the license above captioned, on or about 9 January
1977, during favorable weather, conditions, Appellant, while in
charge of maneuvering said vessels, did (1) negligently allow NEW
YORK to be maneuvered into the Tampa Electric Company pier, Tampa,
Florida, thus causing a collision between the barge and the pier
and damage both to the pier and to NEW YORK, and (2) negligently
cause oil to be spilled into Sparkman Channel, Tampa, Florida, as
a result of the aforementioned collision between NEW YORK and the
Tampa Electric Company pier.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and each
specification. | Appeal No. 2147 | Suspension and Revocation Appeals Authority | 1/8/1979 | 1/8/1979 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2124 - BARROW | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 3 June 1977, an Administrative Law Judge of the
United States Coast Guard at Jacksonville, Florida suspended
Appellant's license for 2 months outright plus 6 months on 12
months' probation upon finding him guilty of negligence. The
specification found proved alleges that while serving as a Master
on board the motor tug ESTHER MORAN made fast to the stern of the
tank barge NEW YORK under authority of the license above captioned,
on or about 9 January 1977, Appellant did negligently abdicate his
position and negligently fail to perform his duties as master by
placing himself in such a position that he was unable to take the
necessary actions to avert the collision between the T/B NEW YORK
and the Tampa Electric Company dock.
A second specification alleging that Appellant did negligently
cause oil to be spilled in Sparkman Channel, Tampa, Florida as a
result of a collision between the T/B NEW YORK and the Tampa
Electric Company dock was found not proved. | Appeal No. 2124 | Suspension and Revocation Appeals Authority | 6/15/1978 | 6/15/1978 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2173 - PIERCE | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 29 July 1979, an Administrative Law Judge of
the United States Coast Guard at San Francisco, California,
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 Pilot
aboard the SS RICE QUEEN, under the authority of the
above-captioned license, on or about 19 December 1977, Appellant,
while the vessel was underway within Suisun Bay, negligently failed
to take precautions necessary to prevent the collision of the SS
RICE QUEEN with Suisun Bay Light 31 (LLNR 872.20).
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 into evidence a
stipulation of facts. | Appeal No. 2173 | Suspension and Revocation Appeals Authority | 11/28/1979 | 11/28/1979 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2107 - HARRIS | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 29 December 1976, an Administrative Law Judge
of the United States Coast Guard at Chicago admonished Appellant
upon finding him guilty of misconduct. The specification found
proved alleges that while serving as an Able Seaman on board the SS
MORMACRIGEL under authority of the document above captioned, on or
about 25 May 1976, Appellant "did... wrongfully fail to turn to,
while said vessel was undocking from the port of Recife, Brazil."
At the hearing, Appellant elected to act as his own counsel
and entered a plea of guilty to the charge and specification.
The Investigating Officer introduced in evidence exhibits
consisting of a certified extract of the Shipping Articles from the
MORMACRIGEL, a certified extract from the ship's official log,
certified copy of the relevant page of the log, and the
Investigating Officer's comments and conclusions regarding the
exhibits.
In defense, Appellant offered in evidence his own testimony as
to the accuracy of the log entries and as to the circumstances
surrounding the incident reported in the log. | Appeal No. 2107 | Suspension and Revocation Appeals Authority | 6/27/1977 | 6/27/1977 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2242 - JACKSON | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 29 August 1978, an Administrative Law Judge of
the United States Coast Guard at Houston, Texas, revoked
Appellants' seaman's documents upon finding them guilty of
misconduct. The specification found proved in each case alleges
that while serving on board SS DELTA PARAGUAY under authority of
the documents above captioned, on or about 7 July 1978, Appellants,
at or about the steering engine room on board DELTA PARAGUAY did
wrongfully have in their possession certain narcotics, to wit,
marijuana.
The hearing was held in joinder at Houston, Texas, on 20 and
31 July 1978.
At the hearing, Appellants elected to act as their own counsel
and entered pleas of not guilty to the charges and specifications. | Appeal No. 2242 | Suspension and Revocation Appeals Authority | 4/2/1981 | 4/2/1981 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2235 - RABREN | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 28 November 1978, an Administrative Law Judge
of the United States Coast Guard at Jacksonville, Florida,
suspended Appellant's license for one month, plus three months on
twelve months' probation, upon finding him guilty of negligence.
The specification found proved alleged that while serving as Pilot
on board SS GULF TIGER under authority of the license above
captioned, on or about 13 August 1978, Appellant did, while inbound
in Tampa Bay, Florida, wrongfully ground said vessel. A second
specification, found not proved, alleged that while serving in the
above capacity Appellant negligently piloted said vessel at
excessive speed, thereby contributing to the grounding.
The hearing was held at Tampa, Florida, on 22 November 1978.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification. | Appeal No. 2235 | Suspension and Revocation Appeals Authority | 2/9/1981 | 2/9/1981 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2140 - FOMICH | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 28 January, 1977, an Administrative Law Judge
of the United States Coast Guard at New York, N.Y., suspended
Appellant's seaman's documents for ten months upon finding him
guilty of misconduct. The specifications found proved allege that
while serving as able seaman on board the United States SS EAGLE
VOYAGER under authority of the document above captioned, on or
about 13 July 1976, Appellant assaulted another crewmember with a
dangerous weapon; on 19 and 20 July 1976, failed to perform duties
aboard the vessel; on 24 July 1976 failed to join the vessel at
Iljichevsk, U.S.S.R.
At the hearing, Appellant failed to appear, and a plea of not
guilty to the charge and each specification was entered by the
Administrative Law Judge.
The Investigating Officer introduced in evidence voyage
records of EAGLE VOYAGER, the testimony of one Abdulla A. Mohsin,
and a deposition of one David H. Regester, Jr., taken pursuant to
order.
There was no defense. | Appeal No. 2140 | Suspension and Revocation Appeals Authority | 11/9/1978 | 11/9/1978 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2209 - SIEGELMAN | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 28 August 1979, an Administrative Law Judge of
the United States Coast Guard at New Orleans, Louisiana, after a
hearing at New Orleans, Louisiana, on 16 July 1979, suspended
Appellant's document for a period of four months upon finding him
guilty of misconduct. The single specification of the charge of
misconduct found proved alleges that Appellant, while serving as
able seaman aboard SS AUSTRAL ENDURANCE, under authority of his
Merchant Mariner's Document did, at or about 1210 on 1 July 1979,
while said vessel was at sea, wrongfully commit an assault and
battery without legal cause, provocation, or justification upon the
person of one Phillip MOULIC, causing serious and severe bodily
harm to him.
At the hearing, Appellant represented himself. Appellant
entered a plea of not guilty to the charge and specification.
The Investigating Officer introduced into evidence the
testimony of three witnesses, and two documents.
In defense Appellant testified and introduced into evidence
two documents. | Appeal No. 2209 | Suspension and Revocation Appeals Authority | 5/20/1980 | 5/20/1980 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2074 - LOWEN | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 28 August 1975, and Administrative Law Judge of
the United States Coast Guard at New York, New York, revoked the
radar observer endorsement issued to Appellant and suspended his
licenses for a period of six months upon finding him guilty of
misconduct. The specification found proved alleges that while
serving under authority of the license above captioned, on or about
13 August 1973, Appellant did wrongfully and knowingly obtain from
the United States Coast Guard, at Coast Guard Marina Inspection
Office, Baltimore, Maryland, a renewal of a radar endorsement to
his Master's license No. 441494, through the presentation of a
false document attesting to his satisfactory completion of the
Radar Safety and Navigation Course at the Maritime Institute of
Technology and Graduate Studies, which course he had in truth and
in fact not satisfactorily completed; the false document concerned
being, Maritime Institute of Technology and Graduate Studies'
Certificate of Advanced Training Collision Avoidance Radar, dated
26 January 1973, which document, if valid, would have lawfully
entitled him to said endorsement under the authority of 46 CFR
10.02-9(a) (5). | Appeal No. 2074 | Suspension and Revocation Appeals Authority | 9/20/1976 | 9/20/1976 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2062 - O'CALLAGHAN | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 28 August 1975, an Administrative Law Judge of
the United States Coast Guard at New York, New York, suspended
Appellant's license for six months and revoked the "Radar observer"
endorsement thereon upon finding him guilty of misconduct. The
specification found proved alleges that while acting under
authority of the license above captioned, on or about 3 August
1973, Appellant wrongfully and knowingly obtained from the United
States Coast Guard, at Coast Guard Marine Inspection Office,
Baltimore, Maryland, a renewal of an existing radar endorsement on
his Master's license No. 441480, through the presentation of a
false document attesting to his satisfactory completion of the
Radar Safety and Navigation Course at the Maritime Institute of
Technology and Graduate Studies, which course he had in truth and
in fact not satisfactorily completed, the false document concerned
being: Maritime Institute of Technology and Graduate Studies
Certificate of Advanced Training Collision Avoidance Radar, dated
26 January 1973, which document, if valid, would have lawfully
entitled him to said endorsement under the authority of 46 CFR
10.02-9(b)(5). | Appeal No. 2062 | Suspension and Revocation Appeals Authority | 7/8/1976 | 7/8/1976 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2119 - SMITH | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 27 July 1977, an Administrative Law Judge of
the United States Coast Guard at Boston, Massachusetts revoked
Appellant's seaman documents upon finding him guilty of misconduct.
The specification found proved alleges that while serving as a
chief pumpman on board the United States SS AMERICAN EAGLE under
authority of the document above captioned, on or about 13 May 1977,
Appellant wrongfully had in his possession marijuana.
At the hearing, Appellant elected to act as his counsel and
entered a plea of not guilty to the charge and specification.
The Investigating Officer introduced in evidence the following
documents:
(1) Affidavit of Service of the Charges,
(2) Copy of Form CG-735T, Master's Report of Seaman
shipped or discharged,
(3) Copy of Certificate of Discharge for Merchant
Seaman to Ronald A. Smith, Sr.,
(4) Copy of Pay Voucher from American Eagle Tanker
Corp.,
(5) Copies of Pages 37, 38, and 39 from the Official
Logbook of the S.S. AMERICAN EAGLE, (not admitted)
(6) Photo-copy of Page 42 of Official Logbook, S.S.
AMERICAN EAGLE,
(7) U.S. Customs Laboratory Report,
(8) Chain of Custody for substance found on S.S.
AMERICAN EAGLE,
(9) Sworn Statement of Francis P. POWERS, Master, S.S.
AMERICAN EAGLE,
(10) Statement of Edward MALLON, Chief Officer, S.S.
AMERICAN EAGLE.
The chief engineer on board the SS AMERICAN EAGLE, Mr. James W.
ECCLES, testified on behalf of the Investigating Officer. | Appeal No. 2119 | Suspension and Revocation Appeals Authority | 4/12/1978 | 4/12/1978 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2110 - WRET | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 27 January, 1977, an Administrative Law Judge
of the United States Coast Guard at Long Beach, California,
suspended Appellant's seaman's documents for twelve months plus
twelve months on twelve months' probation upon finding him guilty
of misconduct. The specification found proved alleges that while
serving as a wiper on board the United States SS BALDBUTTE under
authority of the document above captioned, on or about 6 December
1976, Appellant assaulted and battered the chief engineer of the
vessel with a crescent wrench, at Los Angeles, California.
At the hearing, Appellant was represented by professional
counsel, entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced in evidence certain
documents, photographs, and the testimony of two witnesses.
In defense, Appellant offered in evidence his own testimony
and that of a witness. | Appeal No. 2110 | Suspension and Revocation Appeals Authority | 9/20/1977 | 9/20/1977 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2184 - BAYLESS | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 26 June 1978, an Administrative Law Judge of
the United States Coast Guard at San Francisco, California,
suspended Appellant's seaman's documents for six months, plus six
months on twelve months' probation, upon finding him guilty of
misconduct. The first specification found proved alleges that
while serving as able bodied seaman on board SS GATEWAY CITY under
authority of the captioned documents, on or about 25 February 1978,
Appellant did wrongfully fail to join and desert said vessel, at
Hong Kong, B.C.C. The second specification found proved alleges
that while serving as able bodied seaman aboard SS MOBILE, under
authority of the captioned documents, Appellant did on or about 2
june 1977 wrongfully fail to join said vessel at Hong Kong, B.C.C.
The Hearing was held at San Francisco, California, on 14 June
1978.
Appellant did not appear at the hearing, and the hearing was
held in absentia. A plea of not guilty to the charge and
specification was entered on behalf of Appellant. | Appeal No. 2184 | Suspension and Revocation Appeals Authority | 2/22/1980 | 2/22/1980 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2139 - DANCE | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 26 June 1977, an Administrative Law Judge of
the United States Coast Guard at St. Louis, Missouri, suspended
Appellant's seaman's documents for one month on three months'
probation upon finding him guilty of misconduct. The specification
found proved alleges that while serving as a tankerman on board the
United States tank barge BAYOU TECHE under authority of the
document above captioned, on or about 12 May 1977, Appellant did
"transfer asphalt in said barge while not having sufficient
capacity with the deck discharge containment."
At the hearing, Appellant elected to act as his own counsel
and entered a plea of not guilty to the charge and specification.
The Investigating Officer introduced in evidence the testimony
of two witnesses.
Appellant testified in his own behalf.
At the end of the hearing, the Administrative Law Judge
reserved decision. He later concluded that the charge and
specification had been proved. He then entered an order suspending
all documents issued to Appellant for a period of one month on
three months' probation. | Appeal No. 2139 | Suspension and Revocation Appeals Authority | 11/9/1978 | 11/9/1978 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2021 - BURKE | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 26 August 1974, an Administrative Law Judge of
the United States Coast Guard at Houston, Texas, revoked
Appellant's seaman's documents upon finding him incompetent. The
specification found proved alleges that while serving as a second
mate on board SS MISSOURI under authority of the documents above
captioned, on or about 3 November 1973, Appellant was, and at the
time of hearing was still, mentally incompetent to perform the
duties for which he held the license and documents issued by the
Coast Guard.
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 voyage
records, the testimony of witnesses, given both in person and by
deposition, and certain medical records. | Appeal No. 2021 | Suspension and Revocation Appeals Authority | 5/7/1975 | 5/7/1975 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2127 - CHAPMAN | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 26 April 1977, an Administrative Law Judge of
the United States Coast Guard at Norfolk, Virginia, suspended
Appellant's seaman's documents for three months on twelve months'
probation upon finding him guilty of misconduct. The specification
found proved alleges that while serving as master on board M/V
VIRGINIA CLIPPER under authority of the license above captioned, on
or about 13 April 1977, Appellant wrongfully navigated the vessel
from Baltimore, Maryland, to Norfolk, Virginia, without having on
board one of the licensed engineers required by the certificate of
inspection, in violation of 46 U.S.C. 222(R.S. 4436).
At the hearing, Appellant was represented by non-professional
counsel, the president of the company which owns VIRGINIA CLIPPER,
and entered a plea of guilty to the charge and specification.
Despite the plea of guilty, the Investigating Officer
introduced in evidence a copy of the certificate of inspection of
the vessel. | Appeal No. 2127 | Suspension and Revocation Appeals Authority | 7/18/1978 | 7/18/1978 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2230 - SOLLINE | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 25 September 1979, an Administrative Law Judge
of the United States Coast Guard at Long Bach, California,
suspended Appellant's documents for two months, on six months'
probation, upon finding him guilty of misconduct. The
specification found proved alleged that, while serving as First
Assistant Engineer on board the SS KEYSTONE CANYOU under authority
of the captioned documents on or about 23 August 1979, Appellant
wrongfully engaged in mutual combat with crewmember Clarence
Crocker by strikining him with his fists and shoving him, while the
vessel was at sea.
The hearing was held at Long Beach, California, on 30 August
and 13 September 1979.
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 into evidence three exhibits and the testimony of one witness.
In defense, Appellant introduced into evidence the testimony
of five witnesses, including his own testimony. | Appeal No. 2230 | Suspension and Revocation Appeals Authority | 8/18/1980 | 8/18/1980 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2134 - JOHNSON | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 25 October 1977, an Administrative Law Judge of
the United States Coast Guard at Jacksonville, Florida, suspended
Appellant's license for three months on twelve months' probation
upon finding him guilty of negligence. The specification found
proved alleges that while serving as master on board the United
States SS PHILLIPS WASHINGTON under authority of the license above
captioned, on or about 27 March 1977, Appellant failed to post a
proper watch to attend the stern towing line leading from SS
PHILLIPS WASHINGTON to the tug TONY ST. PHILLIP.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification.
After the hearing, the Administrative Law Judge rendered a
written decision in which he concluded that the charge and
specification had been proved. He then entered an order suspending
Appellant's license for a period of three months on twelve months'
probation. | Appeal No. 2134 | Suspension and Revocation Appeals Authority | 11/3/1978 | 11/3/1978 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2156 - EDWARDS | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 25 July 1978, an Administrative Law Judge of
the United States Coast Guard at Boston, Massachusetts, after a
hearing at Savannah, Georgia, on 3 May, 4 May, and 14 June 1978,
revoked Appellant's license upon finding him guilty of misconduct.
The two specifications of the charge of misconduct found proved
allege (1) that Appellant, while serving as third assistant
engineer aboard the dredge M/V MANHATTAN ISLAND, under authority of
the captioned documents, did at or about 1000, 18 April 1978, while
the vessel was anchored in the Savannah River, Savannah, Georgia,
use abusive and foul language toward the Master of the vessel,
Captain Leroy A. PLATT; and(2) that Appellant, while serving as
third assistant engineer aboard the dredge M/V MANHATTAN ISLAND,
under authority of the captioned documents, did at or about 1210,
18 April 1978, while said vessel was moored in the Savannah River,
Savannah, Georgia,wrongfully assault and batter by choking with his
hands the Master of the vessel, Captain Leroy A. PLATT.
At the hearing, Appellant was represented by professional
counsel. Appellant entered a plea of not guilty to the charge and
specifications.
The Investigating Officer introduced into evidence the
testimony of six witnesses, three documents, and one photograph.
In defense, Appellant introduced into evidence the testimony
of five witnesses, his own included, and five documents. | Appeal No. 2156 | Suspension and Revocation Appeals Authority | 7/25/1979 | 7/25/1979 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2236 - CLUFF | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 25 January 1980, an Administrative Law Judge of
the United States Coast Guard at Baltimore, Maryland, suspended
Appellant's United States Coast Guard First Class Pilot's License
No. 457718 for 3 months on 12 month's probation, upon finding him
guilty of negligence. The specification found proved alleges that
while serving as Pilot on board M/V MOSEL under authority of the
document and license above captioned, on or about 2 March 1979,
while the said vessel in the Chesapeake and Delaware Canal,
Appellant failed to navigate the vessel with due caution, thereby
causing an allision between the raised heavy lift boom of the
vessel and the Reedy Point Bridge.
The hearing was held at Baltimore, Maryland, on 22 May 1979
and adjourned to 7 September 1979, on which date it was concluded.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification. | Appeal No. 2236 | Suspension and Revocation Appeals Authority | 2/23/1981 | 2/23/1981 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2247 - LUKOWSKI | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 24 September 1979, an Administrative Law Judge
of the United States Coast Guard at Long Beach, California,
suspended Appellant's documents for three months on twelve months'
probation upon finding him guilty of misconduct. The specification
found proved alleges that while serving as Ship's Utilityman on
board the United States SS B.T. SAN DIEGO under authority of the
document above captioned, on or above 4 April 1979, while the
vessel was moored in Port Angeles, Washington, Appellant assaulted
Boatswain Theodore Levy.
The hearing was held at Long Beach, California, on 3 and 29
August and 24 September 1979.
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 two exhibits
and the testimony of one witness. | Appeal No. 2247 | Suspension and Revocation Appeals Authority | 6/3/1981 | 6/3/1981 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2122 - RODIECK | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 24 November 1976, an Administrative Law Judge
of the United States Coast Guard at New Orleans, Louisiana,
suspended Appellant's seamans's documents for 3 months on 12
months' probation upon finding him guilty of misconduct after
hearing held at Tampa, Florida. The specifications found proved
allege that while serving as operator on board M/T ADMIRAL LEFFLER
under authority of the documents above captioned, on or about 26
November 1975, Appellant:
(1) wrongfully required [sic.] an unlicensed person to
relieve him from his wheel watch and control the tug for
approximately ten minutes while he left the bridge.
(2) wrongfully failed to maintain a proper lookout, this
failure contributing to the collision between the towed
barge CECO 2501 and the motorboat FL-6138-BU with the
loss of three lives.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and each
specification. | Appeal No. 2122 | Suspension and Revocation Appeals Authority | 6/15/1978 | 6/15/1978 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2091 - ERNSER | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 24 May 1976, an Administrative Law Judge of the
United States Coast Guard at San Francisco, California suspended
Appellant's license for one month outright plus three months on
twelve months' probation upon finding him guilty of negligence.
The specification found proved alleges that while serving as pilot
on board the United States SS GULFKNIGHT under authority of the
license above captioned, on or about 27 May 1975, Appellant, while
navigating said vessel in Carquinez Strait, negligently allowed
said vessel to collide with the Ozol pier, a properly charted fixed
structure, in Martinez California.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and the
specification.
The Investigating Officer introduced in evidence the testimony
of four witnesses, as well as fourteen exhibits.
In defense, Appellant offered in evidence his own testimony
and one exhibit. | Appeal No. 2091 | Suspension and Revocation Appeals Authority | 1/31/1977 | 1/31/1977 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2070 - PAYNE | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 24 February 1976, an Administrative Law Judge
of the United States Coast Guard at San Francisco, California,
suspended Appellant's license for one month outright upon finding
him guilty of misconduct. The specification found proved alleges
that while serving as Master on board the M/V MALASPINA under
authority of the license above captioned, on or about 21 June 1975,
Appellant did violate 33 CFR 80.6 by attempting to overtake and
pass the F/V FOREST in Olga Strait, Alaska, without proposing a
means to safely do so and without obtaining a prior assent; thus,
by failing to make his intentions known, did contribute to a
collision with said vessel with resultant loss of life to the
operator.
At the hearing, Appellant was represented by counsel and
entered a plea of not guilty to the charge and specification.
The Investigating Officer introduced in evidence a number of
exhibits and stipulations, and the testimony of two witnesses. | Appeal No. 2070 | Suspension and Revocation Appeals Authority | 9/1/1976 | 9/1/1976 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2043 - FISH | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 23 October 1974, an Administrative Law Judge of
the United States Coast Guard at Boston, Massachusetts, suspended
Appellant's license for two months on twenty four months' probation
upon finding him guilty of negligence. The specification found
proved alleges that while serving as operator on board M/V GOODTIME
under authority of the license above captioned, on or about 4
August 1974, Appellant negligently operated the vessel so as to
endanger an eighteen foot glastron boat, owned and operated by Ray
E. PARKER, while in the vicinity of Swett Point on the Sasanoa
River, in that he passed in a meeting situation at such a speed as
to cause an excessive wake.
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 testimony
of three witnesses. | Appeal No. 2043 | Suspension and Revocation Appeals Authority | 12/10/1975 | 12/10/1975 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2244 - JAHN | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 23 May 1980, an Administrative Law Judge of the
United States Coast Guard at San Francisco, California, suspended
Appellant's license for three months on twelve months' probation,
upon finding him guilty of negligence. The specifications found
proved allege that while serving as Pilot on board SS CORNUCOPIA
under authority of the license above captioned, on or about 8
December 1979, while said vessel was enroute from San Francisco to
Stockton, Appellant failed to properly maintain control of said
vessel, resulting in CORNUCOPIA's colliding with and damaging
Beacon #11 (LLNR891) an established U.S. aid to navigation; and
that while serving as aforesaid, did fail to properly maintain
control of said vessel resulting in its grounding.
The hearing was held at San Francisco, California, on 6 and 28
February and 7 and 14 March 1980.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specifications. | Appeal No. 2244 | Suspension and Revocation Appeals Authority | 4/28/1981 | 4/28/1981 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2153 - MCKINNEY | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 23 February 1977, an Administrative Law Judge
of the United States Coast Guard at Buffalo, New York, suspended
Appellant's seaman's documents for 9 months upon finding him guilty
of inattention to duty. The specifications upon which hearing was
held were, after amendments made on the record:
"FIRST: In that you, while serving as Master aboard EILEEN C
- which was pushing the tank barge NEPCO 140, under authority
of the captioned documents -- being the holder of the
captioned documents, did -- on or about 23 June 1976 while
said vessel was navigating the St. Lawrence River, fail to
properly maintain, or to have maintained, the position of the
tug, during conditions of reduced visibility due to fog, while
approaching an anchorage area, resulting in the grounding of
the NEPCO 140 on a shoal near LB - 217, off Mason Point, New
York.
"SECOND In that you, while serving as Master aboard EILEEN C,
under authority of the captioned documents, being the holder
of the captioned documents, did on or about 23 June 1976,
while said vessel was navigating the St. Lawrence River, fail
to post a person assigned the sole duty of lookout, for the
purpose of keeping a proper lookout." | Appeal No. 2153 | Suspension and Revocation Appeals Authority | 4/30/1979 | 4/30/1979 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2228 - DAVIS | This appeal has been taken in accordance with title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 23 August 1979, an Administrative Law Judge of
the United States Coast Guard at Boston, Massachusetts, after a
hearing at Boston, Massachusetts, on 23 May and 2 August 1979,
revoked the captioned document upon finding Appellant guilty of
misconduct. The two specifications of the charge of misconduct
found proved allege (1) that Appellant, while serving as able
seaman aboard SS OVERSEAS ULLA, under authority of the above
captioned document, did, on or about 15 May 1979, while said vessel
was at sea, wrongfully assault and batter by beating with his fists
a member of the crew, Lennie C. Jones; and (2) that Appellant,
while serving as aforesaid, did on or about 15 May 1979, wrongfully
assault with a dangerous weapon, to wit, a pair of pliers, a member
of the crew, Lennie C. Jones.
Appellant did not appear and was not represented at the
hearing, which was held in absentia.
The Investigating Officer introduced into evidence four
documents and one deposition.
Subsequent to the hearing, the Administrative Law Judge
entered a written decision in which he concluded that the charge
and both specifications as alleged had been proved. He then entered an order of revocation. | Appeal No. 2228 | Suspension and Revocation Appeals Authority | 8/13/1980 | 8/13/1980 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2118 - HEBERT | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 22 November 1976, an Administrative Law Judge
of the United States Coast Guard at New Orleans, Louisiana
admonished Appellant upon finding him guilty of misconduct. The
specification found proved alleges that while serving as a
tankerman on board the tank barge EXXON 267 under authority of the
document above captioned, on or about 13 July 1976, Appellant:
wrongfully failed to properly supervise the transfer of
bunker "C" oil to tank barge EXXON 267 at the Exxon
facility at Chalmette, Louisiana, in that as person in
charge he wrongfully failed to remain in the immediate
vicinity of the transfer operation thereby contributing
to the pollution of the Mississippi River, a navigable
water of the United States.
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 testimony
of two witnesses and one exhibit.
In defense, Appellant offered in evidence the testimony of one
witness. | Appeal No. 2118 | Suspension and Revocation Appeals Authority | 4/11/1978 | 4/11/1978 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2068 - REED | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 22 December 1975, an Administrative Law Judge
of the United States Coast Guard at New Orleans, Louisiana, revoked
Appellant's seaman's documents upon finding him guilty of
misconduct. The specifications found proved allege that while
serving as a messman on board the United States SS DEL SOL under
authority of the document above captioned, Appellant on or about,
(1) 28 September 1975, did wrongfully fail to turn
to while the SS DEL SOL was in the foreign
port of Matadi, Zaire, Africa;
(2) 8,9,10,11,12 and 13 October 1975, did
wrongfully fail to turn to while the SS DEL
SOL was in the foreign port of Port Harcourt,
Nigeria, Africa;
(3) 13 October 1975, did wrongfully fail to join
the SS DEL SOL in the foreign port of Port
Harcourt, Nigeria, Africa.
At the hearing, Appellant elected to act as his own counsel
and entered a plea of not guilty to the charge and each
specification. | Appeal No. 2068 | Suspension and Revocation Appeals Authority | 8/2/1976 | 8/2/1976 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2081 - BAILEY.PDF | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 21 June 1971, an Administrative Law Judge of
the United States Coast Guard at San Francisco, California,
suspended Appellant's seaman's document for six months outright
upon finding him guilty of misconduct. The specifications found
proved allege that under authority of the document above captioned,
Appellant:
(1) While serving aboard the SEATRAIN MARYLAND as a
Fireman/Watertender,
(a) on 7 February 1969, wrongfully failed to join his
vessel on its departure from Sattahip, Thailand.
(2) While serving aboard the SS RAPHAEL SEMMES as a
Fireman/Watertender,
(a) on 9 April 1969, Appellant wrongfully failed to
join his vessel on its departure from Qui Nhon,
South Viet Nam;
(b) on 9 May 1969, Appellant was wrongfully absent from
his vessel and duties; and
(c) on 20 June 1969, turned over the last hour of his 2000 to 2400 port watch to another crew member
without authority and was thereafter absent from
his vessel and duties. Appellant then failed to
stand his 0800 to 1200 sea watch on 21 June 1969. | Appeal No. 2081 | Suspension and Revocation Appeals Authority | 10/27/1976 | 10/27/1976 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2066 - GILLMAN | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 21 January 1976, an Administrative Law Judge of
the United States Coast Guard at New York, New York, suspended
Appellant's license for three months outright plus six months on
fifteen months' probation upon finding him guilty of misconduct.
The specifications found proved allege that while serving as
Operator on board the tug SACHEM, with the barge THE CLYDE in tow,
under authority of the license above captioned, on or about 26 July
1975, Appellant did, while said vessels were on Lake Erie,
FIRST, wrongfully navigate the barge THE CLYDE without
navigation lights displayed as required by the Great Lakes Rules of
the Road, and
SECOND, wrongfully navigate the tug SACHEM without keeping a proper
lookout as required by the Great Lakes Rules of the Road.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and each
specification. | Appeal No. 2066 | Suspension and Revocation Appeals Authority | 7/20/1976 | 7/20/1976 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2105 - BROWN | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 21 December 1976, an Administrative Law Judge
of the United States Coast Guard at New York, New York suspended
Appellant's seaman document for 8 months outright plus 4 months on
12 months' probation upon finding him guilty of misconduct. The
specification found proved alleges that while serving as an Able
Seaman/Quartermaster on board the United States SS GULFQUEEN under
authority of the document above captioned, on or about 6 March
1976, Appellant wrongfully committed assault and battery upon
another member of the crew with his fists and a metal bucket.
At the hearing, Appellant was represented by nonprofessional
counsel and entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced in evidence three
exhibits and the testimony of three witnesses.
In defense, Appellant offered in evidence his own testimony. | Appeal No. 2105 | Suspension and Revocation Appeals Authority | 6/7/1977 | 6/7/1977 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2049 - OWEN | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 21 April 1975, an Administrative Law Judge of
the United States Coast Guard at New Orleans, Louisiana, suspended
Appellant's seaman documents for 6 months outright upon finding him
guilty of negligence. The specifications found proved allege that
while serving as Operator on board the M/V MAMA LERE under
authority of the licenses above captioned, on or about 29 January
1975, Appellant:
(1) wrongfully failed to maintain a proper lookout while
navigating during a period of reduced visibility, thereby
contributing to a collision between the M/V MAMA LERE and the
SS AMERICAN WHEAT and
(2) wrongfully failed to sound proper fog signals during
a period of reduced visibility. | Appeal No. 2049 | Suspension and Revocation Appeals Authority | 3/8/1976 | 3/8/1976 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2233 - WALSH | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 20 December 1979, an Administrative Law Judge
of the United States Coast Guard at New York, New York, admonished
Appellant, upon finding him guilty of negligence. The
specification found proved alleged that while serving as Tankerman
on board MORANIA 140 under authority of the document above
captioned, on or about 14 October 1979, Appellant, as person in
charge of cargo loading, negligently allowed a cargo tank to
overflow, spilling fuel oil on the deck of the barge and into
Arthur Kill, a navigable water of the United States, by not
monitoring the level in the tank after it had been secured.
The hearing was held at New York, New York, on 29 November
1979.
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 two documents, one of which comprised the stipulated testimony of an
eyewitness to the event in question. | Appeal No. 2233 | Suspension and Revocation Appeals Authority | 2/9/1981 | 2/9/1981 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2241 - NIED | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 20 December 1978, an Administrative Law Judge
of the United States Coast Guard, after a hearing at Long Beach,
California, on 29 November 1978, suspended Appellant's documents
for a period of three months on nine months' probation, upon
finding him guilty of negligence. The single specification of the
charge of negligence found proved alleged that Appellant, while
serving as pilot aboard M/T LION OF CALIFORNIA, under authority of
his captioned documents, did on or about 19 September 1978, at
1759, navigate the vessel in a negligent manner so as to cause an
allision between the vessel and M/V GLOMAR EXPLORER in Slip 240,
Los Angeles Harbor.
At the hearing Appellant was represented by professional
counsel. Appellant entered a plea of not guilty to the charge and
specification.
The Investigating Officer offered into evidence, without
objection from Appellant, numerous copies of documents. It was
stipulated between the parties that Appellant was serving as Pilot
on board the LION OF CALIFORNIA at all times material and pertinent
to the issue at hand, and that he had given all engine and rudder
commands. The Investigating Officer introduced no further
evidence. | Appeal No. 2241 | Suspension and Revocation Appeals Authority | 4/2/1981 | 4/2/1981 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2136 - DILLON | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 2 September, 1977, an Administrative Law Judge
of the United States Coast Guard at Houston, Texas, suspended
Appellant's seaman's documents for two months on six months'
probation upon finding him guilty of misconduct. The specification
found proved alleges that while serving as master of SS COVE
COMMUNICATOR under authority of the license above captioned, on or
about 1 May 1977, Appellant "wrongfully departed a port of the
United States, to wit: New Orleans, Louisiana, to sea with less
than 65 per centrum of the deck crew, exclusive of licensed
officers, of said vessel holding a rating of able seaman."
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 testimony
of one witness and several pertinent voyage records of COVE
COMMUNICATOR.
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. He then entered an order
suspending all documents issued to Appellant for a period of two
months on six months' probation. | Appeal No. 2136 | Suspension and Revocation Appeals Authority | 11/3/1978 | 11/3/1978 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2202 - VAIL | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 2 November 1978, and Administrative Law Judge
of the United States Coast Guard at San Francisco, California,
revoked Appellant's seaman's documents upon finding him guilty of
misconduct. The specification found proved alleged that while
serving as Deck Maintenanceman on board SS PRESIDENT HARRISON under
the authority of the document above captioned, on or about 5 March
1978, Appellant wrongfully had in his possession hashish and
marihuana; and on the same date wrongfully became under the
influence of narcotics.
The hearing was held at San Francisco, California, in two
sessions, on 21 July 1978 and 2 November 1978.
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 testimony
of two witnesses and seven documentary exhibits.
In defense, Appellant offered in evidence his own testimony
and one exhibit. The exhibit was marked for identification but not
admitted as competent evidence.
Initially the specifications did not identify the specific
narcotic substances involved. At the conclusion of the evidence
the Administrative Law Judge, sua sponte amended the charge
to identify hashish and marihuana.
At the end of the hearing, the Administrative Law Judge
rendered an oral decision in which he concluded that the charge and
both specifications had been proved. He served a written order on
Appellant on 14 December 1978 revoking all documents issued to
Appellant.
The entire decision was served on 15 December 1978. Appeal
was timely filed and perfected. | Appeal No. 2202 | Suspension and Revocation Appeals Authority | 4/28/1980 | 4/28/1980 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2082 - JOHNSON | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 2 June 1976, an Administrative Law Judge of the
United States Coast Guard at San Francisco, California, revoked
Appellant's seaman documents upon finding him guilty of misconduct.
The specification found proved alleges that while serving as an
able seaman on board the United States SS PRESIDENT MCKINLEY under
authority of the document above captioned, on or about 23 December
1975, Appellant without provocation committed wrongful assault and
battery with his fists upon the vessel's Boatswain.
At the hearing, Appellant elected to act as his own counsel
and entered a plea of not guilty to the charge and one
specification.
The Investigating Officer introduced in evidence five exhibits
and the testimony of three witnesses.
In defense, Appellant offered in evidence his own testimony.
At the end of the hearing, the Judge rendered an oral decision
in which he concluded that the charge and one specification had
been proved. He then served a written order on Appellant revoking
all documents issued to Appellant.
The entire decision and order was served on 2 June 1676. | Appeal No. 2082 | Suspension and Revocation Appeals Authority | 10/28/1976 | 10/28/1976 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2159 - MILICI | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations 5.301.
By order dated 2 February 1977, an Administrative Law Judge of
the United States Coast Guard at New York, N.Y., suspended
Appellant's seaman's documents for two months outright plus four
months on twelve months' probation upon finding him guilty of
misconduct. The specification found proved alleges that while
serving as an able bodied seaman on board the United States SS
TRANSINDIANA under authority of the document above captioned, on or
about 25 June 1976, Appellant assaulted and battered another member
of the crew, one Horace Serrette, also an AB seaman.
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 and the testimony of Horace Serrette.
In defense, Appellant offered in evidence his own testimony.
Later, the testimony of one Morales, taken by deposition on
written interrogatories, was entered in evidence by the
Investigating Officer.
After the hearing, the Judge rendered a written decision in
which he concluded that the charge and specification had been
proved. He then entered an order suspending all documents issued to Appellant for a period of two months outright plus four months
on twelve months' probation.
The entire decision was served on 14 February 1977. Appeal
was timely filed and perfected on 7 November 1977. | Appeal No. 2159 | Suspension and Revocation Appeals Authority | 8/15/1979 | 8/15/1979 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2064 - WOOD | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 19 September 1975, an Administrative Law Judge
of the United States Coast Guard at San Francisco, California,
revoked Appellant's seaman documents upon finding him guilty of
misconduct. The specification found proved alleges that while
serving as a messman on board the United States SS PRESIDENT
CLEVELAND under authority of the document above captioned, on or
about 17 December 1972, Appellant did "wrongfully assault and
batter a fellow crewmember, Ronald B. K. Lyman, to wit with a
'buck' knife and that it resulted in his death."
At the hearing, Appellant was represented by counsel and
entered a plea of not guilty to the charge and specification.
The Investigating Officer introduced in evidence portions of
the ship's logbook, statements made before the U.S. Vice-Consul in
Hong Kong by witnesses to the incident, and other documentary
evidence, and also called two witnesses to testify.
In defense, Appellant offered in evidence portions of the
ship's log. He also testified on his own behalf and made several
offers of proof. | Appeal No. 2064 | Suspension and Revocation Appeals Authority | 7/14/1976 | 7/14/1976 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2169 - FOSSANI | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 19 July 1977, an Administrative Law Judge of
the United States Coast Guard at New York, New York suspended
Appellant's seaman's documents for twelve months upon finding him
guilty of misconduct. The specifications found proved allege that
while serving as "Operator on board MV SUPER CAT under authority of
the license above captioned, on or about 5 January 1977, Appellant
committed eight assaults or assaults and batteries on, or uttered
threats to, four passengers aboard SUPER CAT.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and each
specification.
The Investigating Officer introduced in evidence the testimony
of several witnesses.
In defense, Appellant offered in evidence the testimony of
certain witnesses and certain documents. | Appeal No. 2169 | Suspension and Revocation Appeals Authority | 11/5/1979 | 11/5/1979 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2207 - CLARK | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 19 January 1979, an Administrative Law Judge of
the United States Coast Guard at New York, New York, 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 alleged that while holder of the
document above captioned, on or about 23 June 1969, Appellant was
convicted by the Criminal Court of the City of New York, a court of
record, for the possession of a dangerous drug, to wit: heroin.
The hearing was held at New York, New York on 4 January 1979.
At the hearing, Appellant elected to act as his own counsel
and entered a plea of not guilty to the charge and specification.
The Investigating Officer introduced in evidence three
documents.
Appellant offered no evidence in defense. | Appeal No. 2207 | Suspension and Revocation Appeals Authority | 5/19/1980 | 5/19/1980 | | 12/21/2017 |