| Suspension and Revocation Appeals Authority | 2430 - BARNHART | This appeal has been taken in accordance with 46 U.S.C. 7702
and 46 CFR 5.30-1.
By order dated 12 June 1985, an Administrative Law Judge of
the United States Coast Guard at Long Beach, California, revoked
Appellant's merchant mariner's document upon finding proved the
charge of misconduct. The specification supporting the charge
alleges that Appellant, while serving as pumpman on board the SS
LION OF CALIFORNIA, under authority of the captioned document, did
on or about 19 April 1985 at Berth 118, Los Angeles Harbor,
wrongfully have in his possession certain narcotics, to wit:
marijuana.
The hearing was held at Long Beach, California, on 10 and 24
May 1985.
Appellant appeared at the hearing without counsel and entered
a plea of not guilty to the charge and specification.
The Investigating Officer introduced in evidence three
exhibits and the testimony of one witness.
In defense, Appellant testified in his own behalf. | Appeal No. 2430 | Suspension and Revocation Appeals Authority | 8/4/1986 | 8/4/1986 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2426 - FUTCHER | This appeal has been taken in accordance with 46 CFR 5.707.
By order dated 24 March 1986, an Administrative Law Judge of
the United States Coast Guard at New York, New York, revoked
Appellant's license and merchant mariner's document upon finding
proved a charge of misconduct. The charge was supported by four
specifications which alleged that Appellant, while serving as
Pilot/Mate on board the M/V CAPE MAY, on or about 31 July 1985
wrongfully fraternized with a 14-year-old female passenger,
wrongfully engaged in undue familiarity with a 14-year-old female
passenger, wrongfully engaged in sexual intercourse with a
14-year-old female passenger, and wrongfully failed to exclude a
14-year-old female passenger from the pilot hose and bridge of the
vessel, as prohibited by 46 CFR 78.10-1.
On 3 April 1986, Appellant filed a notice of appeal and
requested a temporary document pending appeal. The Administrative
Law Judge denied the request by order dated 7 April 1986.
BASES OF APPEAL
This appeal has been taken from the denial of a temporary
document.Appellant urges that the administrative Law Judge erred in
finding the specifications proved and in revoking Appellant's
license and document. Appellant contends further that he should be
issued a temporary license because he cannot be presumed to be a
hazard to the navigation of any vessel. | Appeal No. 2426 | Suspension and Revocation Appeals Authority | 7/21/1986 | 7/21/1986 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2424 - CAVANAUGH | This appeal has been taken in accordance with 46 U. S. C. 7702
and 46 CFR 5.30-1.
By order dated 31 January 1985, an Administrative Law Judge of
the United States Coast Guard at Alameda, California, revoked
Appellant's seaman's document upon finding proved a charge of
misconduct and a charge of being a user of a dangerous drug. The
specifications supporting these two charges allege that Appellant,
while serving under authority of the captioned document on board
the SS CONSTITUTION did, on or about 1900 24 February 1984 while
said vessel was at sea, wrongfully use cocaine and at the same time
and place, being holder of the captioned document, was a user of
and did use cocaine.
The hearing was held at Honolulu, Hawaii, on 10, 23 and 24
March 1984.
At the hearing Appellant was represented by professional
counsel and entered a plea of not guilty to the charges and
specifications.
The Investigating Officer introduced in evidence four exhibits
and the testimony of five witnesses.
In defense, Appellant introduced in evidence two exhibits, his
own testimony, and the testimony of four additional witnesses. | Appeal No. 2424 | Suspension and Revocation Appeals Authority | 6/6/1986 | 6/6/1986 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2423 - WESSELLS | This appeal has been taken in accordance with 46 U.S.C. 7702
and former 46 CFR 5.30-1 (currently 46 CFR Part 5, Subpart J.).
By order dated 13 February 1985, an Administrative Law Judge
of the United States Coast Guard at Alameda, California, suspended
Appellant's license for one month on three months' probation upon
finding proved the charge of misconduct. The specification found
proved alleges that Appellant, while serving as Chief Engineer
aboard USNS CONTENDER T-AGOS-2, under authority of the captioned
document, did on or about 22 September 1984, while said vessel was
moored in Oakland, California, wrongfully fail to perform his
duties due to intoxication.
The hearing was held at Alameda, California, on 9 October 1984
and 13 February 1985. On 9 October 1984, Appellant did not
personally attend the hearing but he was represented by
professional counsel. Counsel entered a plea of not guilty on
Appellant's behalf to the charge and supporting specification.
Appellant was present with counsel when the hearing reconvened on
13 February 1985. | Appeal No. 2423 | Suspension and Revocation Appeals Authority | 6/5/1986 | 6/5/1986 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2425 - BUTTNER | This appeal has been taken in accordance with 46 U.S.C. 7702
and 46 CFR 5.30-1.
By order dated 17 December 1984, an Administrative Law Judge
of the United States Coast Guard at Almadea, California, suspended
Appellant's license for three months remitted on nine months'
probation upon finding proved the charged of negligence. The
specification found proved alleges that while serving as Pilot
aboard the S.S. CORNUCOPIA, under the authority of the captioned
document, on 1 June 1984, Appellant navigated the vessel in a
negligent manner, resulting in an allision with and the dragging
off-station of the San Francisco Bay, Blossom Rock Buoy (LLNR 592).
The hearing was held at Alameda, California, on 5 and 18
September 1984.
At the hearing Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced in evidence six exhibits
and the testimony of two witnesses. | Appeal No. 2425 | Suspension and Revocation Appeals Authority | 6/5/1986 | 6/5/1986 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2422 - GIBBONS | This appeal has been taken in accordance with 46 U.S.C. 7702
and former 46 CFR 5.30-1 (currently 46 CFR Part 5, Subpart J.).
By order dated 4 March 1985, an Administrative Law Judge of
the United States Coast Guard at Houston, Texas, suspended
Appellant's document for six months outright plus an additional six
months' suspension on twelve months' probation upon finding proved
the charge of misconduct. The notice of hearing, charge and
specifications set forth two charges of misconduct, each supported
by one specification. At the outset of the hearing, the
Administrative Law Judge amended the charges by substituting in
lieu thereof a single charge of misconduct supported by the two
specifications. The specifications found proved allege that
Appellant, while serving as Boatswain aboard the M/V COVE SAILOR,
under authority of the captioned document, (1) did on or about 27
January 1985, the said vessel being at sea, wrongfully assault and
batter an Able Bodied Seaman by striking him in the throat and
kicking him in the stomach, head and back, and (2) did on or about
25 January 1985, wrongfully assault the Chief Pumpman by making
threatening remarks.
The hearing was held at Houston, Texas, on 4 February 1985.
Appellant failed to appear at the hearing. The Administrative
Law Judge entered a plea of not guilty on Appellant's behalf to the
charge and each specification. The hearing was conducted in
absentia. | Appeal No. 2422 | Suspension and Revocation Appeals Authority | 6/2/1986 | 6/2/1986 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2421 - RADER | This appeal has been taken in accordance with 46 U.S.C. 7702
and 46 CFR 5.30-1.
By order dated 12 April 1985, and Administrative Law Judge of
the United States Coast Guard at Seattle, Washington, suspended
Appellant's license for two months outright upon finding proved the
charge of negligence. The specification found proved alleges that
while serving as Operator aboard the TUG WESTERN COMET, under the
authority of the captioned document, on 26 April 1984, Appellant
failed to maintain a proper lookout, contributing to a collision
with a pleasure vessel on the Willamette River at approximately
river mile 3.5.
The hearing was held at Seattle, Washington, on 5 February
1985.
At the hearing Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced in evidence ten exhibits
and the testimony of two witnesses. | Appeal No. 2421 | Suspension and Revocation Appeals Authority | 3/25/1986 | 3/25/1986 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2420 - LENTZ. | This appeal has been taken in accordance with 46 U.S.C. 7702
and former 46 CFR 5.30-1 (currently 46 CFR Part 5, Subpart J.).
By order dated 25 February 1985, an Administrative Law Judge
of the United States Coast Guard at Long Beach, California,
suspended Appellant's license for twelve months outright plus an
additional three months on twelve months' probation upon finding
proved the charge of negligence. The specification found proved
alleges that Appellant, while serving as Operator aboard the M/V
CAPT DARCE, under the authority of the captioned document, on or
about 25 August 1984, while the vessel was underway in San Pedro
Bay with the barge SPARTAN 110 in tow, negligently failed to
maintain a proper lookout. A second specification, alleging a
failure to navigate the CAPT DARCE with due caution, thereby
causing an allision between the barge SPARTAN 110 and the anchored
P/C GOOD ID, was found not proved.
The hearing was held at Long Beach, California, on 22 October
1984, 20 November 1984 and 6 February 1985. | Appeal No. 2420 | Suspension and Revocation Appeals Authority | 3/18/1986 | 3/18/1986 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2419 - MURPHY | This appeal has been taken in accordance with 46 U.S.C. 7702
and former 46 CFR 5.30-1 (currently 46 CFR Part 5, Subpart J).
By order dated 17 May 1985, an Administrative Law Judge of the
United States Coast Guard at St. Louis, Missouri, suspended
Appellant's license for two months outright plus an additional two
months on eight months' probation upon finding proved the charge of
negligence. The specification found proved alleges that
Appellant,while serving as Operator aboard the M/V JOE BOBZIEN,
under the authority of the captioned document, on or about 6
January 1985, navigated his tow in such a manner as to cause the
tow to collide with the fleeted barges at Mile 808.5, Ohio River,
left descending bank.
The hearing was held at Evansville, Indiana, on 20 February
1985.
At the hearing Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification. | Appeal No. 2419 | Suspension and Revocation Appeals Authority | 3/3/1986 | 3/3/1986 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2418 - DOUGHERTY | This appeal has been taken in accordance with 46 U.S.C. 7702
and former 46 CFR 5.30-1 (currently 46 CFR Part 5, Subpart J).
By order dated 24 April 1985, an Administrative Law Judge of
the United States Coast Guard at St. Louis, Missouri, suspended
Appellant's license for three months remitted on twelve months'
probation upon finding proved the charge of negligence. The
specification found proved alleges that Appellant, while serving as
Operator board the M/V JAMES E. NIVIN, under the authority of the
captioned document, on or about 8 February 1984, failed to operate
his vessel so as to avoid alliding with the mooring cell on the
Kentucky side of the Portland Canal in Louisville, Kentucky.
The hearing was held at Louisville, Kentucky, on 25 April
1984.
At the hearing Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced in evidence eight
exhibits. | Appeal No. 2418 | Suspension and Revocation Appeals Authority | 2/11/1986 | 2/11/1986 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2416 - MOORE | This appeal has been taken in accordance with 46 U.S.C. 7702
and former 46 CAR 5.30-1 (currently 46 CFR Part 5, Subpart J.).
By order dated 30 May 1984, an Administrative Law Judge of the
United States Coast Guard at St. Louis, Missouri, suspended
Appellant's license for three months on twelve months' probation
upon finding proved the charge of negligence. The specification
found proved alleges that Appellant, while serving as operator
aboard the M/V THERESA SELEY, under the authority of the captioned
document, on or about 1 September 1983, did fail to operate the
vessel in safe and prudent manner in the area of miles 956-959,
Ohio River, to wit, operating said vessel in the above river area
when its draft exceeded the channel project depth, resulting in
damage to and subsequent pollution from the vessel.
The hearing was held at Paducah, Kentucky, on 1 November 1983.
At the hearing Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
supporting specification.
The Investigating Officer introduced in evidence eight
exhibits and the testimony of three witnesses. | Appeal No. 2416 | Suspension and Revocation Appeals Authority | 1/3/1986 | 1/3/1986 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2414 - HOLLOWELL | This appeal has been taken in accordance with 46 U.S.C. 7702 and
46 CFR 5.30-1.
By order dated 4 December 1984, and Administrative Law Judge of
the United States Coast Guard at New York, New York, revoked
Appellant's merchant mariner's document upon finding proved the
charge of misconduct. The specifications found proved allege that
Appellant, while serving as Able-bodied seaman aboard the SS SANTA
ROSA, under the authority of the captioned document, on 8 July 1984:
(1) failed to turn to for docking operations, and (2) had in his
possession marijuana and valium.
The hearing was held at Philadelphia, Pennsylvania on
21 November 1984.
At the hearing Appellant was represented by professional counsel
and entered a plea of not guilty to the charge and both
specifications.
The Investigating Officer introduced in evidence two exhibits and
the testimony of one witness.
In defense, Appellant testified in his own behalf. | Appeal No. 2414 | Suspension and Revocation Appeals Authority | 11/27/1985 | 11/27/1985 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2415 - MARSHBURN | This appeal has been taken in accordance with 46 U.S.C. 7702 and
former 46 CFR 5.30-1 (currently 46 CFR Part 5, Subpart J.).
By order dated 13 February l984, an Administrative Law Judge of
the United States Coast Guard at Norfolk, Virginia, suspended
Appellant's license for three months on six months' probation upon
finding proved the charge of negligence. The specification found
proved alleges that while serving as Operator aboard the Tug CHAUNCY
[sic], under the authority of the captioned document, on 26 August
1983, while the vessel was navigating the Alligator River - Pungo
River Canal, NC, Appellant maneuvered his flotilla - the towing vessel
and two nonpropelled barges - resulting in an collision between the
lead barge and the Fairfield Swing Bridge.
The hearing was held at Wilmington, North Carolina, on 15
September 1983.
At the hearing Appellant was represented by professional counsel
and entered a plea of not guilty to the charge and specification.
The Investigating Officer introduced in evidence four exhibits
and the testimony of three witnesses. | Appeal No. 2415 | Suspension and Revocation Appeals Authority | 11/27/1985 | 11/27/1985 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2412 - LOUVIERE | This appeal has been taken in accordance with 46 U.S.C.
7702(b) and 46 CFR 5.30-1.
By order dated 23 January 1984, an Administrative Law Judge of
the United States Coast Guard at Houston, Texas, suspended
Appellant's seaman's license and document for a period of two
months plus an additional three months on six months' probation
upon finding proved a charge of negligence and a charge of
misconduct. The specifications supporting these two charges allege
that Appellant, while serving as operator of the M/V EDGAR BROWN,
JR., under the authority of the captioned documents, on or about 24
November 1983, negligently navigated the vessel at approximately
Mile 285 of the Gulf Intracoastal Waterway, thereby contributing to
a collision between his vessel and the T/B AMOCO VIRGINIA; and
that, on the same date, he wrongfully failed to arrange a proper
meeting situation with the M/V AMOCO ATLANTA at approximately Mile
285 of the Gulf Intracoastal Waterway.
The hearing was held at Port Arthur, Texas, on 22 December
1983.
At the hearing Appellant was represented by professional
counsel and entered pleas of not guilty to both charges and
specifications. | Appeal No. 2412 | Suspension and Revocation Appeals Authority | 10/18/1985 | 10/18/1985 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2413 - KEYS | This appeal has been taken in accordance with 46 U.S.C. 7702 and
46 CFR 5.30-1.
By order dated 4 December 1984, and Administrative Law Judge of
the United States Coast Guard at New York, New York, revoked
Appellant's merchant mariner's document upon finding proved the
charge of misconduct. The specifications found proved allege that
Appellant, while serving as Able-bodied seaman aboard the SS SANTA
ROSA, under the authority of the captioned document, on 8 July 1984:
(1) failed to turn to for docking operations, and (2) had in his
possession marijuana and valium.
The hearing was held at Philadelphia, Pennsylvania on
21 November 1984.
At the hearing Appellant was represented by professional counsel
and entered a plea of not guilty to the charge and both
specifications.
The Investigating Officer introduced in evidence two exhibits and
the testimony of one witness.
In defense, Appellant testified in his own behalf. | Appeal No. 2413 | Suspension and Revocation Appeals Authority | 10/18/1985 | 10/18/1985 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2411 - SIMMONS | This appeal has been taken in accordance with 46 U.S.C. 7702 and
46 CFR 5.30-1.
By order dated 2 July 1984, an Administrative Law Judge of the
United States Coast Guard at Alameda, California, suspended
Appellant's license for one month outright upon finding proved the
charge of negligence. The specification found proved alleges that
while serving as Operator aboard the M/V AMERICAN EAGLE, under the
authority of the captioned document, on 20 May 1984, while the vessel
was navigating San Francisco Bay in the vicinity of the San
Francisco - Oakland Bay Bridge, appellant failed to take adequate
precautions to prevent a collision with the S/V FINE FEATHER resulting
in a collision with and the sinking of that vessel.
The hearing was held at Alameda, California, on 2 July 1984.
At the hearing Appellant was represented by professional counsel
and entered a plea of not guilty to the charge and specification.
The Investigating Officer introduced in evidence six exhibits and
the testimony of three witnesses. | Appeal No. 2411 | Suspension and Revocation Appeals Authority | 10/17/1985 | 10/17/1985 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2410 - FERNANDEZ | This appeal has been taken in accordance with 46 U.S.C. 7702 and 46
CFR 5.30-1.
By order dated 15 November 1984, an Administrative Law Judge of the
United States Coast Guard at Honolulu, Hawaii, suspended Appellant's license
and document for three months outright plus an additional six months on
twelve months' probation upon finding proved the charge of misconduct. The
specification originally alleged that while serving as third officer aboard
S.S. CONSTITUTION, under the authority of the captioned documents, on or
about 29 September 1984. Appellant wrongfully assaulted and battered by
beating with fists and kicking the Chief Engineer. At the conclusion of the
evidence, and subsequent to closing arguments, the Administrative Law Judge
amended the specification to read that Appellant wrongfully entered into
mutual combat with the Chief Engineer.
The hearing was held at Honolulu, Hawaii, on 15 November 1984.
At the hearing Appellant was represented by professional counsel and
entered a plea of not guilty to the charge and specification.
The Investigating Officer introduced in evidence five exhibits and the
testimony of five witnesses. | Appeal No. 2410 | Suspension and Revocation Appeals Authority | 10/3/1985 | 10/3/1985 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2408 - BROWN | This appeal has been taken in accordance with 46 U.S.C.
7702(b) and 46 CFR 5.30-1.
By order dated 22 April 1985, an Administrative Law Judge of
the United States Coast Guard at Jacksonville, Florida, revoked
Appellant's motorboat operator's license upon finding proved the
charge of conviction of a dangerous drug law violation. The
specification found proved alleged that while being the holder of
the above captioned license, on or about 21 December 1981,
Appellant was convicted in the Circuit Court of Monroe County,
Florida, a court of record, for possession of marijuana. The
Administrative Law Judge also found proved a second charge of
misconduct and its supporting specification which alleged that
Appellant, while serving under the authority of his license, on or
about 19 August 1982, wrongfully made a fraudulent statement in his
application for license renewal by answering "no" to the question:
"Have you been convicted by any court - including military court -
for other than a minor traffic violation?"
The hearing was held at Miami, Florida, on 15 March 1985 and
9 April 1985. | Appeal No. 2408 | Suspension and Revocation Appeals Authority | 10/2/1985 | 10/2/1985 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2409 - PLACZKIEWICZ | This appeal has been taken in accordance with 46 U.S.C.
7702(b) and 46 CFR 5.30.
By order dated 14 September 1984, an Administrative Law Judge
of the United States Coast Guard at Norfolk, Virginia, suspended
Appellant's license for ten months and eighteen days upon finding
proved the charge of negligence. The specification found proved
alleges that while serving as operator on board the uninspected
passenger vessel M/V DEEP SPIN, under authority of his license, on
or about 26 June 1984, Appellant failed to navigate the vessel with
due regard for existing conditions, while approaching a bend in the
Toussaint Channel, causing the vessel to ground.
The hearing was held at Toledo, Ohio, on 9 August and 12
September 1984.
At the hearing, Appellant was represented by professional
counsel. He entered a plea of not guilty to the charge and
specification. | Appeal No. 2409 | Suspension and Revocation Appeals Authority | 10/2/1985 | 10/2/1985 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2407 - GONSALVES | This appeal has been taken in accordance with Title 46 U.S.C.
7702 and 46 CFR 5.30-1.
By order dated 6 April 1984, an Administrative Law Judge of
the United States Coast Guard at Honolulu, Hawaii, suspended
Appellant's license for six months plus an additional six months
remitted on 12 months' probation, upon finding proved the charge of
negligence. The specification originally alleged that Appellant
while serving as Chief Engineer aboard the F/V OCEAN PEARL under
authority of the captioned license did on or about 21 November 1983
while said vessel was at sea negligently allow oxygen and starting
fluid (ether) to be used to start the vessel's main engine which
resulted in an explosion which fatally burned the Master and
seriously burned six other crewmembers.
At sessions of the hearing convened in Honolulu, Hawaii, on 17
and 18 January 1984, Appellant was absent but was represented by
professional counsel. | Appeal No. 2407 | Suspension and Revocation Appeals Authority | 9/17/1985 | 9/17/1985 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2406 - ZOFCHAK | This appeal has been taken in accordance with Title 46 U.S.C.
7702, 46 CFR 5.30-1, and 46 CFR 5.30-15.
By order dated 30 August 1984, an Administrative Law Judge of
the United States Coast Guard at Key West, Florida, revoked
Appellant's license upon finding proved the charge of misconduct.
The specification found proved alleges that while serving as
Operator aboard the state numbered vessel FL-1263-BH under the
authority of the captioned document, Appellant did, on or about 4
March 1984, wrongfully operate said vessel under the influence of
alcohol.
The hearing was held at Key West, Florida, on 25 and 26 July
and 30 August 1984.
At the hearing, Appellant elected to represent himself, and
entered a plea of not guilty to the charge and specification.
The Investigating Officer introduced in evidence nine exhibits
including the depositions of three witnesses. | Appeal No. 2406 | Suspension and Revocation Appeals Authority | 9/11/1985 | 9/11/1985 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2404 - MCALLISTER | This appeal has ben taken in accordance with 46 U.S.C. 7702
and 46 CFR 5.30-1.
By order dated 17 August 1984, an Administrative Law Judge of
the United States Coast Guard at New York, New York admonished
Appellant upon finding proved the charge of negligence. The
specification found proved alleges that Appellant, while serving as
operator on board the Tug MARJORIE B. McALLISTER under the
authority of the license above captioned, on or about 9 January
1983 while the tug was pushing the loaded T/B McALLISTER 80,
negligently failed to navigate with due caution resulting in the
grounding of the T/B McALLISTER 80 at Diamond Reef, Hudson River,
New York, resulting in a gasoline spill into the Hudson River.
The hearing was held at New York, New York, on various dates
between May 18, 1983 and August 15, 1984.
At the hearing Appellant was represented by professional
counsel, and entered a plea of not guilty to the charge and
specification. | Appeal No. 2404 | Suspension and Revocation Appeals Authority | 9/9/1985 | 9/9/1985 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2405 - LEON | This appeal has been taken in accordance with 46 CFR 5.30-15.
By order dated 21 May 1985, and Administrative Law Judge of
the United States Coast Guard at Norfolk, Virginia, revoked
Appellant's merchant mariner's document upon finding proved a
charge of misconduct. The charge was supported by three
specifications which alleged that Appellant, while serving as A.B.
on board the S.S. STONEWALL JACKSON, on or about 1 February 1985
wrongfully failed to perform his duty as lookout by being asleep on
watch; on or about 3 February 1985 wrongfully failed to perform his
duty as lookout by not relieving the watch; and on or about 19
February 1985 had in his possession marijuana.
On 18 June 1985, Appellant filed a notice of appeal and
requested a temporary document pending appeal. The Administrative
Law Judge denied the request by order dated 21 June 1985. | Appeal No. 2405 | Suspension and Revocation Appeals Authority | 9/6/1985 | 9/6/1985 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2427 - JEFFRIES | This appeal has been taken in accordance with 46 U.S.C. 7702 and
46 CFR 5.30-1.
By order dated 29 August 1985, an Administrative Law Judge of the
United States Coast Guard at New York, New York, revoked Appellant's
license and merchant mariner's document upon finding proved the
charges of misconduct and incompetence. The misconduct charge was
supported by two specifications. The first alleged that, under the
authority of the captioned documents aboard the SS EDGAR M. QUEENY, on
or about 1 June 1985, Appellant had in his possession alcoholic
beverages, to wit, beer and rum. The second misconduct specification
alleged that, at the same place and time, Appellant wrongfully
rendered himself unfit to stand his scheduled watch due to
intoxication. The incompetence charge was supported by a single
specification alleging that, while serving as Third Assistant Engineer
aboard the SS EDGAR M. QUEENY under the authority of the captioned
documents, on or about 1 June 1985, Appellant was and presently i
incompetent to perform duties as third engineer due to alcoholism.
The hearing was held at Philadelphia, Pennsylvania, on 23 July
and 15 August 1985.
Appellant appeared at the hearing without counsel and entered a
plea of guilty to the first misconduct specification, and pleas of not
guilty to the second misconduct specification and the incompetence
charge and specification. | Appeal No. 2427 | Suspension and Revocation Appeals Authority | 8/29/1985 | 8/29/1985 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2403 - BERGER | This appeal has been taken in accordance with 46 U.S.C. 7702
and 46 CFR 5.30-1.
By order dated 23 April 1984, an Administrative Law Judge of
the United States Coast Guard at Philadelphia, Pennsylvania,
suspended Appellant's merchant mariner's document for one month
upon finding him guilty of misconduct. The specifications found
proved allege that while serving as Ordinary Seaman aboard the SS
TYSON LYKES, on or about 22 March 1984, while said vessel was
departing the port of Honolulu, Hawaii, Appellant deserted said
vessel and on the same date Appellant wrongfully created a
disturbance on said vessel's bridge thereby interfering with the
safe navigation and undocking of the vessel while in restricted
waters.
The hearing was held at Philadelphia, Pennsylvania, on 19
April 1984.
At the hearing, Appellant elected to represent himself and
entered a plea of not guilty to the charge and specifications.
The Investigating Officer introduced in evidence nine
exhibits.
In defense, Appellant testified in his own behalf. | Appeal No. 2403 | Suspension and Revocation Appeals Authority | 8/7/1985 | 8/7/1985 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2402 - POPE | This appeal has been taken in accordance with 46 U.S.C. 7702
and 46 CFR 5. 30-1.
By order dated 27 February 1985, an Administrative Law Judge
of the United States Coast Guard at St. Louis, Missouri, suspended
Appellant's merchant mariner's license for a period of two months
plus an additional four months on eighteen month's probation upon
finding him guilty of negligence. The specification found proved
alleges that, while navigating the M/V CITY OF GREENVILLE under the
authority of his license on or about 2 April 1983, Appellant failed
to maintain proper control of his vessel and tow resulting in an
allision with the Poplar Street Bridge at mile 179.2 of the Upper
Mississippi River.
The hearing was held at Memphis, Tennessee from 6 to 9
December 1983.
At the hearing, appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification. | Appeal No. 2402 | Suspension and Revocation Appeals Authority | 8/2/1985 | 8/2/1985 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2399 - LANCASTER | This appeal has been taken in accordance with Title 46 U.S.C.
7702 and 46 CFR 5.30-1.
By order dated 26 February 1985, an Administrative Law Judge
of the United States Coast Guard at St. Louis, Missouri, suspended
Appellant's merchant mariner's license upon finding him guilty of
negligence. The specification found proved alleges that while
serving as Operator aboard the M/V PAT BREEN, under authority of
his license, Appellant did, on or about 5 March 1984, while down
bound on the Ohio River at approximately mile 860 fail to safely
navigate said vessel and its tow resulting in the tow grounding on
the left descending bank of the river.
The hearing was held at Evansville, Indiana on 24 April 1984.
At the conclusion of the hearing, the Administrative Law Judge
concluded that the Charge and specification had been proved and
entered an order suspending Appellant's merchant mariner's license.
The Decision and Order was served 28 February 1985. Appeal
was timely filed and a copy of the transcript requested on 21 March
1985. | Appeal No. 2399 | Suspension and Revocation Appeals Authority | 7/31/1985 | 7/31/1985 | | 12/7/2017 |
| Suspension and Revocation Appeals Authority | 2400 - WIDMAN | This appeal has been taken in accordance with Title 46 U.S.C.
7702(b) and 46 CFR 5.30-1.
By order dated 26 June 1984, and Administrative Law Judge of
the United States Coast Guard at Long Beach, California, suspended
Appellant's license for six months and an additional six months on
twelve months' probation upon finding proved the charge of
negligence. The specifications found proved allege that while
serving as Operator aboard the M/V MISS HAVASUPAI, Appellant did on
12 May 1984 negligently fail to operate said vessel with due
caution by failing to take prompt and clearly recognizable action
to avoid a vessel that was dead in the water in the vicinity of
London Bridge, Lake Havasu City and did on 3 June 1984 negligently
fail to navigate said vessel with due caution by failing to take
prompt and clearly recognizable action to avoid vessels restricted
in their ability to maneuver in the vicinity of London Bridge, Lake
Havasu City.
The hearing was held at Lake Havasu City, Arizona, on 11 June
1984, and at Long Beach, California, on 26 June 1984. | Appeal No. 2400 | Suspension and Revocation Appeals Authority | 7/31/1985 | 7/31/1985 | | 12/7/2017 |
| Suspension and Revocation Appeals Authority | 2397 - GEWANT | This appeal has been taken in accordance with 46 CFR 5.30-15.
By order dated 27 March 1985, an Administrative Law Judge of
the United States Coast Guard at New Orleans, Louisiana, revoked
Appellant's seaman's license and document upon finding proved a
charge of misconduct. The charge was supported by two
specifications which alleged that Appellant, on or about 15 January
1984, on board the M/V GOLDEN MOON wrongfully had in his possession
marijuana and, at the same time and place, wrongfully had in his
possession a pistol.
On 10 April 1985, Appellant filed a notice of appeal and
requested a temporary license and document pending appeal. The
Administrative Law Judge denied the request by order dated 12 April
1985. | Appeal No. 2397 | Suspension and Revocation Appeals Authority | 7/15/1985 | 7/15/1985 | | 12/7/2017 |
| Suspension and Revocation Appeals Authority | 2394 - ANTUNEZ | This appeal has been taken in accordance with Title 46 U.S.C.
7702 and 46 CFR 5.30-1.
By order dated 27 July 1983, an Administrative Law Judge of
the United States Coast Guard at Houston, Texas, revoked
Appellant's merchant mariner's document upon finding him guilty of
misconduct. The specification found proved alleges that while
serving aboard the SS LESLIE LYKES, under authority of his
document, Appellant did, on or about 21 July 1983, while the ship
was moored in Houston, Texas, wrongfully have in his possession
marijuana.
The hearing was held at Houston, Texas, on 27 July 1983.
At the conclusion of the hearing, the Administrative Law Judge
concluded that the charge and specification had been proved and
entered an order revoking Appellant's merchant mariner's document.
The Decision and Order was served 12 September 1983. Appeal
was timely filed and a copy of the transcript requested on 25
August 1983. | Appeal No. 2394 | Suspension and Revocation Appeals Authority | 7/11/1985 | 7/11/1985 | | 12/7/2017 |
| Suspension and Revocation Appeals Authority | 2395 - LAMBERT | This appeal has been taken in accordance with Title 46 U.S.C.
7702 and 46 CFR 5.30-1.
By order dated 8 November 1983, an Administrative Law Judge of
the United States Coast Guard at Jacksonville, Florida suspended
Appellant's license for six months, on twelve months' probation,
upon finding prove a charge of negligence. The specifications
found proved allege that while serving as Master on board the
United State Army Dredge McFARLAND under authority of the license
above captioned, on 1 May 1983, Appellant failed to ensure proper
supervision of the removal of an electric hydraulic solenoid valve
and failed to ensure that proper precautions were taken before
allowing hotwork to be performed on the hydraulic system.
The hearing was held at Jacksonville, florida, on 10 August
1983 and 23 September 1983. appellant was represented by
professional counsel and entered pleas of not guilty to the charge
and each specification.
The Investigating Officer introduced in evidence eight
exhibits and the testimony of six witnesses. In defense, Appellant
introduced his own testimony, that of another witness, and three exhibits. | Appeal No. 2395 | Suspension and Revocation Appeals Authority | 7/11/1985 | 7/11/1985 | | 12/7/2017 |
| Suspension and Revocation Appeals Authority | 2396 - MCDOWELL | This appeal has been taken in accordance with 46 U. S. C. 7702
and 46 CFR 5.30-1.
By order dated 5 October 1984, an Administrative Law Judge of
the United States Coast Guard at St. Louis, Missouri, suspended
Appellant's merchant mariner's license for three months on twelve
months' probation upon finding him guilty of negligence. The
specification found proved alleges that Appellant, while navigating
the M/V ANANGEL SPIRIT under the authority of the license above
captioned, on or about 27 November 1983 while approaching the
MacArthur Lock, in the St. Marys River failed to maintain control
of the M/V ANANGEL SPIRIT by allowing it to sheer into the path of
the M/V INDIANA HARBOR resulting in the M/V ANANGEL SPIRIT
colliding with the M/V INDIANA HARBOR.
The hearing was held at St. Ignace, Michigan, on 15 December
1983.
At the hearing Appellant was represented by professional
counsel, and entered a plea of not guilty to the charge and
specification. | Appeal No. 2396 | Suspension and Revocation Appeals Authority | 7/11/1985 | 7/11/1985 | | 12/7/2017 |
| Suspension and Revocation Appeals Authority | 2393 - STEWART | This appeal has been taken in accordance with Title 46 U.S.C.
239(g) and 46 CFR 5.30-l.
By order dated 3 August l982, an Administrative Law Judge of the
United States Coast Guard at Boston, Massachusetts, suspended
Appellant's license for two months upon finding him guilty of
negligence. The specification found proved alleges that, while
serving as undocking master on board the M/V AL-TAHA, under authority
of the captioned license on 19 January 1982, Appellant did navigate
the M/V AL-TAHA aground on a charted shoal in Boston Harbor,
Massachusetts.
The hearing was conducted in Boston, Massachusetts, on
12 and 14 April and 3 May 1982.
At the hearing Appellant was represented by counsel and entered a
plea of not guilty to the charge and the specification.
The Investigating Officer introduced in evidence the testimony of
four witnesses and eighteen exhibits. | Appeal No. 2393 | Suspension and Revocation Appeals Authority | 7/5/1985 | 7/5/1985 | | 12/7/2017 |
| Suspension and Revocation Appeals Authority | 2392 - BUSINELLE | This appeal has been taken in accordance with Title 46 U.S.C.
7702 and 46 CFR 5.30-1.
By order dated 12 July 1984, an Administrative Law Judge of
the United States Coast Guard at Houston, Texas, suspended
Appellant's license and document for one month plus an additional
two months on six months' probation upon finding proved the charge
of misconduct. The specification found proved alleges that while
serving as Master aboard the M/V POINT CHALEUR, under authority of
the captioned documents, Appellant did, on or about 4 May 1984,
operate the M/V POINT CHALEUR without a licensed chief engineer on
board as required by the vessel's Certificate of Inspection.
The hearing was held at Corpus Christi, Texas, on 5 June 1984.
At the hearing, Appellant elected to represent himself and
entered a plea of guilty to the charge and specification.
The Investigating Officer introduced in evidence five
exhibits.
In defense, Appellant introduced in evidence his own testimony
and one exhibit. | Appeal No. 2392 | Suspension and Revocation Appeals Authority | 6/13/1985 | 6/13/1985 | | 12/7/2017 |
| Suspension and Revocation Appeals Authority | 2391 - STUMES | This appeal has been taken in accordance with 46 U.S.C. 7702(b)
and 46 CFR 5.30-1.
By order dated 9 January l984, an Administrative Law Judge of the
United States Coast Guard at Houston, Texas, suspended Appellant's
seamen's license and document for a period of six months upon finding
proved the charge of misconduct. The specification found proved
alleges that while serving as Radio Electronic Officer aboard the S/S
VELMA LYKES under authority of the captioned documents, Appellant did,
on or about 2 April 1983, while said vessel was in the port of
Alexandria, Egypt, wrongfully assault and batter by hitting with fists
the Master of said vessel.
The hearing was held at Houston, Texas, on 9 November, 5 and 14
December 1983.
At the hearing Appellant, although not present, was represented
by professional counsel who entered a plea of not guilty on his
behalf. | Appeal No. 2391 | Suspension and Revocation Appeals Authority | 6/13/1985 | 6/13/1985 | | 12/7/2017 |
| Suspension and Revocation Appeals Authority | 2389 - COLLA | This appeal has been taken in accordance with Title 46 U.S.C.
7702(b) and 46 CFR 5.30-1.
By order entered 7 June 1984, an Administrative Law Judge of
the United States Coast Guard at Baltimore, Maryland suspended
Appellant's license and document for six months upon finding proved
the charge of misconduct. The specification found proved alleges
that while serving as Second Mate aboard SS CORONADO under
authority of the captioned documents, Appellant did on or about 1
April 1983, while said vessel was at anchor, wrongfully fail to
perform his duty as Deck Watch Officer by falling asleep on the
wheelhouse settee.
The hearing was held at Baltimore, Maryland, on 2 May and 7
June 1984.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced in evidence five exhibits
and the testimony of two witnesses.
In defense, Appellant offered in evidence his own testimony. | Appeal No. 2389 | Suspension and Revocation Appeals Authority | 5/6/1985 | 5/6/1985 | | 12/7/2017 |
| Suspension and Revocation Appeals Authority | 2390 - PURSER | This appeal has been taken in accordance with 46 U.S.C. 7702
and 46 CFR 5.30-1.
By order dated 17 August 1984, an Administrative Law Judge of
the United States Coast Guard at New Orleans, Louisiana, suspended
Appellant's license and document for three months on twelve months'
probation upon finding him guilty of negligence. The
specifications found proved allege that while navigating the M/V
SATOCO under authority of the license above captioned, on or about
18 March 1984, Appellant negligently: (1) failed to navigate said
vessel at a safe speed adapted to the prevailing circumstances and
conditions of fog and restricted visibility, when from radio
transmissions, he was aware of the approach of another vessel; and
(2) failed to maintain a proper lookout on the M/V SATOCO; both of
which contributed to the collision of the M/V INTREPID and the T/B
CHROMALLOY I being pushed by the M/V SATOCO.
The hearing was held at Mobile, Alabama, on 13 April, 3 May,
and 8 June 3 1984.
At the hearing Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and | Appeal No. 2390 | Suspension and Revocation Appeals Authority | 5/6/1985 | 5/6/1985 | | 12/7/2017 |
| Suspension and Revocation Appeals Authority | 2388 - MANLEY | This appeal has been taken in accordance with 46 USC 239(g)
and 46 CFR 5.30-1.
By order dated 30 December 1982, an Administrative Law Judge
of the United States Coast Guard at Houston, Texas revoked
Appellant's seaman's document upon finding him guilty of the charge
of "conviction for a narcotic drug law violation." The
specification found proved alleges that being the holder of the
document above captioned, on or about 5 June 1981, Appellant was
convicted of possession of marijuana by the County Court of Harris
County, Texas.
The hearing was held at Houston, Texas on 12 November 1982.
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 record of
Appellant's conviction on 5 June 1981.
In defense, Appellant made several motions related to the
admissibility of the court records, the legal effect of the Texas
conviction, and the legal adequacy of the Coast Guard proceeding. | Appeal No. 2388 | Suspension and Revocation Appeals Authority | 4/24/1985 | 4/24/1985 | | 12/7/2017 |
| Suspension and Revocation Appeals Authority | 2387 - BARRIOS | This appeal has been taken in accordance with 46 U.S.C. 7702
and 46 CFR 5.30-1.
By order dated 10 February 1984, an Administrative Law Judge
of the United States Coast Guard at New Orleans, Louisiana,
suspended Appellant's license for one month plus an additional
three months remitted on twelve months probation upon finding
proved the charge of misconduct. The specification found proved
alleged that Appellant while serving as Operator on board the M/V
KATIE CHERAMIE under authority of the license above captioned, on
or about 20 December 1983, while underway in Lake Wimico, Jackson
River and Apalachicola River, Florida, did relinquish the actual
direction and control of said vessel to a person not licensed by
the Coast Guard as an operator or second-class operator of
uninspected towing vessels; a violation of 46 CFR 157.30-45.
The hearing was held at New Orleans, Louisiana, on 1 February
1984.
At the hearing, Appellant was represented by professional
counsel, and entered a plea of not guilty to the charge and
specification. | Appeal No. 2387 | Suspension and Revocation Appeals Authority | 4/23/1985 | 4/23/1985 | | 12/7/2017 |
| Suspension and Revocation Appeals Authority | 2386 - LOUVIERE | This appeal has been taken in accordance with 46 U.S.C. 7702
and 46 CFR 5.30-1.
By order dated 9 December 1983, an Administrative Law Judge of
the United States Coast Guard at Houston, Texas, suspended
Appellant's license for one month upon finding him guilty of
negligence. The specification found proved alleges that while
serving as Operator aboard the M/V EDGAR BROWN, JR. under the
authority of the captioned license Appellant did, on or about 28
October 1983, negligently navigate said vessel at approximately
mile 188 of the Gulf Intracoastal Waterway by failing to keep clear
of a vessel he as overtaking thereby contributing to a collision
between his tow and the tank barge AS 2008.
The hearing was held at Port Arthur, Texas, on 17 November
1983.
At the hearing Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification. | Appeal No. 2386 | Suspension and Revocation Appeals Authority | 4/9/1985 | 4/9/1985 | | 12/7/2017 |
| Suspension and Revocation Appeals Authority | 2385 - CAIN | This appeal has been taken in accordance with 46 U.S.C.
7702(b) and 46 CFR 5.30-1.
By order dated 5 June 1984, an Administrative Law Judge of the
United States Coast Guard at Seattle, Washington, revoked
Appellant's seaman's document upon finding proved the charge of
conviction for a dangerous drug law violation. The specification
found proved alleged that while being the holder of the
above-captioned document, on or about 3 September 1975, Appellant
was convicted in the Superior Court of King County, Washington, a
court of record, for the possession of heroin.
The hearing was held at Seattle, Washington, on 5 June 1984.
At the hearing, Appellant elected to act as his own counsel,
with the assistance of non-professional counsel, and entered a plea
of guilty to the charge and specification.
The Investigating Officer introduced in evidence six exhibits. | Appeal No. 2385 | Suspension and Revocation Appeals Authority | 3/20/1985 | 3/20/1985 | | 12/7/2017 |
| Suspension and Revocation Appeals Authority | 2384 - WILLIAMS | This appeal has been taken in accordance with 46 U.S.C. 239(g)
and 46 CFR 5.30-1.
By order dated 21 July 1983, an Administrative Law Judge of
the United States Coast Guard at Houston, Texas revoked Appellant's
mariner's document upon finding proved the charge of misconduct.
The specification found proved alleges that while serving as oiler
aboard the S/S INGER, under authority of the above captioned
document, Appellant did, on or about 29 March 1983 "wrongfully have
in [his] possession certain narcotics, to wit: Marijuana."
The hearing was held at Houston, Texas, on 23 May 1983.
At the hearing, Appellant elected to act as his own counsel
and entered a plea of not guilty to the charge and specification.
Appellant was assisted by his father.
The Investigating Officer introduced in evidence six exhibits,
and the testimony of two witnesses. | Appeal No. 2384 | Suspension and Revocation Appeals Authority | 2/27/1985 | 2/27/1985 | | 12/7/2017 |
| Suspension and Revocation Appeals Authority | 2383 - SWIERE | This appeal has been taken in accordance with Title 46 U.S.C.
7702 and 46 CFR 5.30-1.
By order dated 31 August 1984 an Administrative Law Judge of
the United States Coast Guard at Houston, Texas revoked Appellant's
documents upon finding him guilty of the charge of "conviction for
a dangerous drug law violation." The specification found proved
alleges that being the holder of the license and document above
captioned, on or about 12 October 1979, Appellant was convicted by
the U. S. District court for the Eastern District of Texas of
Violating a dangerous drug law of the United States, to wit:
marijuana possession.
The hearing was held at Houston, Texas on 31 August 1984.
At the hearing, Appellant was represented by professional
counsel and entered a plea of guilty to the charge and
specification.
The Investigating Officer introduced in evidence four
exhibits. | Appeal No. 2383 | Suspension and Revocation Appeals Authority | 2/22/1985 | 2/22/1985 | | 12/7/2017 |
| Suspension and Revocation Appeals Authority | 2382 - NILSEN | This appeal had been taken in accordance with Title 46 U.S.C.
239(g) and 46 CFR 5.30-1.
By order dated 1 July 1982, an Administrative Law Judge of the
United States Coast Guard at New York, New York, suspended
Appellant's license for one month upon finding him guilty of
negligence. The specification found proved alleged that while
serving as Master of the S/S SAN JUAN, under the authority of the
license above captioned, Appellant did on 11 February 1980, while
said vessel was departing San Juan, Puerto Rico, fail to navigate
the vessel within the confines of the Bar Channel causing said
vessel to ground. Two other specifications were dismissed, one on
motion of the Investigating Officer, the other on motion of
Appellant.
The hearing was held at San Juan, Puerto Rico, on 3 February,
4 February, and 31 March 1982.
At the hearing, Appellant was represented by professional
counsel, and entered a plea of not guilty to the charge and the
specification. | Appeal No. 2382 | Suspension and Revocation Appeals Authority | 2/22/1985 | 2/22/1985 | | 12/7/2017 |
| Suspension and Revocation Appeals Authority | 2381 - GURGIOLO | This appeal has been taken in accordance with 46 U.S.C. 7702
and 46 CFR 5.30-1.
By order dated 11 June 1984, an Administrative Law Judge of
the United States Coast Guard at Jacksonville, Florida, revoked
Appellant's license upon finding him guilty of the charge of
conviction for a dangerous drug law violation. The specification
found proved alleges that Appellant, while holder of the captioned
license, was convicted on 2 September 1982 of conspiracy to possess
cocaine with intent to distribute, in violation of 21 U.S.C. 846,
in the United States District Court for the Southern District of
Florida.
The hearing was held in Miami, Florida on 17 May 1984.
At the hearing, Appellant was represented by two non-attorney
representatives and entered a plea of guilty to the charge and
specification.
The Investigating Officer introduced into evidence four
documents. | Appeal No. 2381 | Suspension and Revocation Appeals Authority | 2/20/1985 | 2/20/1985 | | 12/7/2017 |
| Suspension and Revocation Appeals Authority | 2378 - CALICCHIO | This appeal has been taken in accordance with 46 U.S.C. 7702
and 46 CFR 5.30-1.
By order dated 25 October 1983, an Administrative Law Judge of
the United States Coast Guard at New York, New York, suspended
Appellant's license for a period of six months remitted on twelve
months' probation, upon finding him guilty of negligence. The
specification found proved alleges that Appellant while serving as
Master aboard the M/V POLING BROS. NO. 7:
...while transiting out bound the CNJ Railroad Bridge in
Newark Bay, NJ, did on or about 0930, 21 July 1983
negligently fail to navigate your vessel with due caution
resulting in a collision between your vessel, the M/V
POLING BROS. No. 7 and the Great Lakes Drill Barge No.
7 which was anchored in the East Draw of Newark Bay, NJ
engaged in demolition operations.
The hearing was held in New York, New York, on 13, 16 and 26
September 1983. | Appeal No. 2378 | Suspension and Revocation Appeals Authority | 2/8/1985 | 2/8/1985 | | 12/7/2017 |
| Suspension and Revocation Appeals Authority | 2379 - DRUM | This appeal has been taken in accordance with 46 U.S.C.
7702(b) and 46 CFR 5.30-1.
By order dated 14 November 1983, Administrative Law Judge of
the united States Coast Guard at St. Louis, Missouri, suspended
Appellant's license for one month plus an additional two months
remitted on twelve months' probation upon finding him guilty of
negligence. The specification found proved alleges that while
serving as Operator aboard the M/V DAVID ESPER under the authority
of the above captioned license, Appellant did, on or about 9 May
1983, while pushing twelve loaded coal barges downbound on the Ohio
River, fail to navigate his vessel so as to avoid alliding with the
Big Four Railroad Bridge at approximately mile 603 on the Ohio
River.
The hearing was held at St. Louis, Missouri, on 12 July 1983.
At the hearing Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification. | Appeal No. 2379 | Suspension and Revocation Appeals Authority | 2/8/1985 | 2/8/1985 | | 12/7/2017 |
| Suspension and Revocation Appeals Authority | 2380 - HALL | This appeal has been taken in accordance with Title 46
U.S.C.7702 (b) and 46 CFR 5.30-1.
By order dated 10 February 1984, an Administrative Law Judge
of the United States Coast Guard at St. Louis, Missouri, suspended
Appellant's mariner's license for two months, plus three months on
twelve months' probation, upon finding him guilty of negligence.
The specification found proved alleges that while serving as
Operator on board the M/V LOUIS FRANK, under the authority of the
above captioned license, at or about 2330, 25 April 1983, Appellant
did cause his tow to allide with the Florence Highway Bridge at
Mile 56.0 of the Illinois River.
The hearing was held at St. Louis, Missouri, on 2-3 June 1983.
At the hearing, Appellant was represented by professional counsel
and entered a plea of not guilty to the charge and specification.
The Investigating Officer introduced in evidence two
documentary exhibits and the testimony of two witnesses. | Appeal No. 2380 | Suspension and Revocation Appeals Authority | 2/8/1985 | 2/8/1985 | | 12/7/2017 |
| Suspension and Revocation Appeals Authority | 2377 - HICKEY | This appeal has been taken in accordance with 46 U.S.C.
7702(b) and 46 CFR 5.30-1.
By order dated 9 May 1984, an Administrative Law Judge of the
United States Coast Guard at Portland, Maine revoked Appellant's
seaman's document and license upon finding him guilty of the charge
of "conviction for a dangerous drug law violation." The
specification found proved alleges that being the holder of the
documents above captioned, on or about 23 March 1984, Appellant was
convicted in the United States District Court for the District of
Maine for conspiring to import large quantities of marijuana into
the United States.
At the hearing, Appellant was represented by professional
counsel and entered a plea of guilty to the charge and
specification.
The Investigating Officer introduced in evidence 2 exhibits.
In defense, Appellant offered in evidence 6 exhibits and his
own testimony.
At the end of the hearing, the Administrative Law Judge
rendered an oral decision in which he concluded that the charge and
specification had been proved by plea. He then entered an order
revoking the merchant mariner's license and document issued to
Appellant. | Appeal No. 2377 | Suspension and Revocation Appeals Authority | 2/7/1985 | 2/7/1985 | | 12/7/2017 |
| Suspension and Revocation Appeals Authority | 2376 - FRANK | This appeal has been taken in accordance with 46 U.S.C. 239(g)
and 46 CFR 5.30-1.
By order dated 28 February 1983, an Administrative Law Judge
of the United States Coast Guard at Houston, Texas, revoked
Appellant's seaman's document upon finding him guilty of
misconduct. The specification found proved alleges that while
serving as utility 3rd on board the S.S. ASHLEY LYKES under
authority of the document above captioned, on or about 5 February
1983, while said vessel was in the port of Houston, Texas,
Appellant wrongfully possessed certain narcotics, to wit: hashish
and marijuana.
The hearing was held at Houston, Texas on 28 February 1983.
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 four exhibits
and the testimony of one witness.
In defense, Appellant offered in evidence his own testimony.
At the end of the hearing, the Administrative Law Judge
rendered an oral decision in which he concluded that the charge and
specification had been proved by plea. He then served a written
order on Appellant revoking all documents issued to him. | Appeal No. 2376 | Suspension and Revocation Appeals Authority | 2/2/1985 | 2/2/1985 | | 12/7/2017 |