| Suspension and Revocation Appeals Authority | 2145 - WALKER | 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 10 December 1976, and Administrative Law Judge
of the United States Coast Guard at Houston, Texas, suspended
Appellant's seaman's documents for three months plus three months
on three months' probation upon finding him guilty of misconduct.
The specifications found proved allege that while serving as an AB
seaman on board the United States SS SAM HOUSTON under authority of
the document above captioned, Appellant:
(1) on 5 September 1976 wrongfully had intoxicants in his
possession aboard the vessel at sea, and failed to
perform duties,
(2) on 6 September 1976, wrongfully had intoxicants in his
possession at sea, and failed to perform duties, and
(3) on 1 October 1976, wrongfully failed to perform duties,
at Savannah, Georgia.
At the hearing, Appellant did not appear, although he had
requested a change of venue for his own convenience and had
received due notice of the change granted and of the scheduled
hearing. The Administrative Law Judge entered a plea of not guilty
to the charge and each specification. | Appeal No. 2145 | Suspension and Revocation Appeals Authority | 1/8/1979 | 1/8/1979 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2061 - NEWHOUSE | 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 10 December 1975, an Administrative Law Judge
of the United States Coast Guard at Baltimore, Maryland suspended
Appellant's license and document for three (3) months on twelve
(12) months' probation upon finding him guilty of misconduct. The
specification found proved alleges that while serving as Master on
board the United States M/V MYRON C. TAYLOR under authority of the
license above captioned, on or about 12 May 1975, Appellant
violated the provisions of the Coastwise Load Line Act, 46 U.S.C.
88c, in wrongfully permitting the M/V MYRON C. TAYLOR, O.N. 228960,
to be so loaded as to submerge her lordliness on a voyage from
Rogers City, Michigan, to Lorain, Ohio.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification. | Appeal No. 2061 | Suspension and Revocation Appeals Authority | 6/22/1976 | 6/22/1976 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2011 - GIMBERT | This appeal has been taken in accordance with Title 46 United
States Code 239 (g) and Title 46 Code of Federal Regulations
137.30-1.
By order dated 25 September 1973, an Administrative Law Judge
of the United States Coast Guard at Norfolk, Virginia suspended
Appellant's seaman's documents for one month outright plus two
months on six months' probation upon finding him guilty of
negligence. The specification found proved alleges that while
serving as a tankerman on board the McAllister Barge 100 under
authority of the document above captioned, on or about 22 August
1973, Appellant negligently failed to supervise cargo discharge
operations while the barge was bunkering the M/V AEGEAN WAVE,
thereby contributing to a spillage of cargo from said barge's
discharge hose into the waters of Hampton Roads, Norfolk, Virginia.
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 a report of
pollution violation and the testimony of a witness. | Appeal No. 2011 | Suspension and Revocation Appeals Authority | 9/30/1974 | 9/30/1974 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2003 - PEREIRA | This appeal has been taken in accordance with Title 46 United
States Code 239 (g) and Title 46 Code of Federal Regulations
137.30-1.
By order dated 11 July 1973, an Administrative Law Judge of
the United States Coast Guard at New York, New York, suspended
Appellant's seaman's documents for four months outright plus two
months on twelve months' probation upon finding him guilty of
misconduct. The specification found proved alleges that while
serving as a Second Pumpman on board the United States NS YUKON
under authority of the document above captioned, on or about 3
January 1973, Appellant wrongfully deserted the said vessel at
Kwajalein Atoll (United States Trust).
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 from the USNS YUKON, and the depositions of two witnesses. | Appeal No. 2003 | Suspension and Revocation Appeals Authority | 7/8/1974 | 7/8/1974 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2060 - GOBEL | This appeal has been taken in accordance with Title 46 United
States Code 239 (g) and Take 46 Code of Federal Regulations 5.30-1.
By order dated 9 January 1976, an Administrative Law Judge of
the United States Coast Guard at New Orleans, Louisiana, suspended
Appellant's seaman documents for 3 months outright upon finding him
guilty of negligence. The specification found proved alleges that
while serving as a tankerman on board the tank barge KE 41 under
authority of the document above captioned, on or about 19 December
1975, Appellant wrongfully failed to properly supervise the loading
of number six fuel oil for the number two starboard tank, causing
it to overflow, thereby contributing to the pollution of the
navigable water of the United States at mile 99.3 on the lower
Mississippi River at Marrero, Louisiana.
At the hearing, Appellant was represented by non-professional
counsel and entered a plea of guilty to the charge and
specification.
The Investigating Officer read an affidavit of LTJG R.S.
Ferrante that Appellant had been advised of the nature of the
hearing, possible results arising therefrom, the charge and
specification and his rights. However, no evidence was formally
introduced. | Appeal No. 2060 | Suspension and Revocation Appeals Authority | 6/11/1976 | 6/11/1976 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2090 - LONGINO | This appeal has been taken in accordance with Title 46 United
States Code 214 and Title 46 Code of Federal Regulations 5.30-1.
By order dated 12 January 1976, an Administrative Law Judge of
the United States Coast Guard at Houston, Texas, suspended
Appellant's seaman documents for one month outright plus one month
on three month's probation upon finding him guilty of negligence.
The specification found proved alleges that, while serving as a
pilot on board the SS CONNECTICUT, being holder of the document and
license above captioned, on or about 15 June 1975, Appellant did
neglect to take the necessary precautions required by the ordinary
practice of seamen (Article 29, Inland Rules of the Road), to wit:
attempt to navigate a light vessel in a restricted channel during
unfavorable weather, thereby causing a collision with the
(LIBERIAN) MV ST PANTELEIMON, in the Houston Ship Channel, at
Robertson Terminal, Galena Park, Texas.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification. | Appeal No. 2090 | Suspension and Revocation Appeals Authority | 1/19/1977 | 1/19/1977 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2075 - BOYLES | This appeal has been taken in accordance with Title 46 United
Stated Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 17 March 1976, an Administrative Law Judge of
The United States Coast Guard at Anchorage, Alaska, suspended
Appellant's seaman document for one month outright plus two months
on six months' probation upon finding him guilty of negligence.
The specification found proved alleges that while serving as a
Tankerman on board the Barge 17, Official No. 268 871 under
authority of the document above captioned, on or about 4 March
1976, Appellant failed to take adequate precautions to prevent
cumulated oil on the deck of the barge from entering the navigable
waters of the United States by allowing the oil to drain off the
stern of the barge.
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 five witnesses, and four exhibits.
In defense, Appellant offered in evidence testimony of two
witnesses, and one exhibit. | Appeal No. 2075 | Suspension and Revocation Appeals Authority | 9/20/1976 | 9/20/1976 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2046 - HARDEN | This appeal has been taken in accordance with Title 46 United
State Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 6 February 1975, an Administrative Law Judge of
the United States Coast Guard at St. Louis, Missouri, suspended
Appellant's license for three months upon finding him guilty of
negligence. The specification found proved alleges that while
serving as operator of the towboat M/V POLLIWOG under authority of
the license above captioned, on or about 22 September 1974,
Appellant failed to take proper precautions to avoid a collision
while navigating at about mile 764.4, Upper Mississippi River.
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 the testimony
of several witnesses and certain documents.
In defense, Appellant submitted the case on the record made by
the Investigating Officer and entered a pamphlet published by
Commander, Second Coast Guard District, giving advise to
recreational boat owners and operators. | Appeal No. 2046 | Suspension and Revocation Appeals Authority | 1/23/1976 | 1/23/1976 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2098 - CORDISH | This appeal has been taken in accordance with Title 46 United
Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 5 May 1976, an Administrative Law Judge of the
United States Coast Guard at New Orleans, Louisiana suspended
Appellant's seaman documents for 6 months on 12 months' probation
upon finding him guilty of misconduct. The specification found
proved alleges that while serving as an Engineer Cadet on board the
United States SS CHRISTOPHER LYKES under authority of the document
above captioned, on or about 11 February 1976, Appellant wrongfully
refused to obey a lawful command of the ship's master.
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 two witnesses.
In defense, Appellant offered in evidence his own testimony.
At the end of the hearing, the Judge reserved decision. He
subsequently served a written order suspending all documents,
issued to Appellant, for a period of 6 months on 12 months'
probation.
The entire decision and order was served on 10 May 1976. | Appeal No. 2098 | Suspension and Revocation Appeals Authority | 3/18/1977 | 3/18/1977 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 1981 - HERMANSEN | This appeal has been taken in accordance with Title 46 United States Code 239(g) and Title 46 Code of Federal Regulations 137.30-1.
By order dated 28 October 1969, an Administrative Law Judge of the United States Coast Guard at New York, New York, issued an admonition to Appellant upon finding him guilty of negligence. The specification found proved al-leges that while serving as Master of M/V V. L. KEEGAN II under authority of the license above captioned, on 19 March 1968, Appellant negligently navigated his vessel on the wrong side of the channel in the East River, New York, near Hell Gate, contributing to a collision between his vessel and M/V OWLS HEAD.
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 and certain documents.
In defense, Appellant offered in evidence the testimony of four witnesses and certain documents.
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 placing an admonition in Appellant's record.
The entire decision was served on 29 October 1969. Appeal was timely filed on 26 November 1969 and perfected on June 1970. | Appeal No. 1981 | Suspension and Revocation Appeals Authority | 7/27/1973 | 7/27/1973 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2321 - HARRIS | This appeal has been taken in accordance with Title 46 U.S.C.
B239) and 46 CFR 5.30-1.
By order dates 8 February 1982, 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 alleged that while
serving as master aboard SS COVE EXPLORER under authority of the
above captioned license, between 21 November 1981 and 1 December
1981, Appellant, while responsible for the material condition of
the vessel, operated the vessel in an unseaworthy condition, to
wit, fractured and wasted frames, longitudinal and side plating in
the bow section of the vessel.
The hearing was held at Boston, Massachusetts on 7 January
1982, January 1982 and 15 January 1982.
At the hearing, Appellant was represented by professional
counsel. Appellant pled not guilty to the charge and
specification. | Appeal No. 2321 | Suspension and Revocation Appeals Authority | 9/7/1983 | 9/7/1983 | | 12/20/2017 |
| 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 | 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 | 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 | 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 | 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 | 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 | 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 | 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 | 2417 - YOUNG | This appeal has been taken in accordance with Title 46 U.S.C.
7702 and 46 CFR 5.30-1.
By order dated 24 January 1984, an Administrative Law Judge of
the United States Coast Guard at Long Beach, California, revoked
Appellant's merchant mariner's document upon finding him guilty of
misconduct and upon finding him incompetent to serve on board
merchant vessels of the United States.
The misconduct charge is supported by six specifications which
allege that Appellant, while serving as Able-Bodied Seaman aboard
the TT BAY RIDGE under the authority of his document, on or about
1 January 1984, did wrongfully:
(1) fail to perform his prescribed duties as lookout while
the TT BAY RIDGE was underway in the Pacific Ocean;
(2) fail to obey a lawful order of the Third Officer who was
on the bridge and ordering [sic] him in the capacity of the
Bridge Watch Officer to return to his lookout duty;
(3) fail to obey the orders of the Master when told to
accompany him to his office for logging at 2100 hours:
(4) create a disturbance on the bridge of the TT BAY RIDGE by
verbally confronting the Bosun while he was performing the
duties of Helmsman on the 2000 to 2400 bridge watch; | Appeal No. 2417 | Suspension and Revocation Appeals Authority | 1/3/1985 | 1/3/1985 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2366 - MONAGHAN | This appeal has been taken in accordance with Title 46 U.S.C.
7702 and 46 CFR 5.30-1.
By order dated 2 December 1983, an Administrative Law Judge of
the United States Coast Guard at St. Louis, Missouri suspended
Appellant's mariner's license for two 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 STEEL PIONEER under authority of the license above
captioned, on or about 7 May 1983, Appellant navigated his flotilla
in such a manner that the port lead barge allided with the
guidewall at Markland Lock, Ohio River.
The hearing was held at Pittsburgh, Pennsylvania on 18 August
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 seven
exhibits and the testimony of one witness. | Appeal No. 2366 | Suspension and Revocation Appeals Authority | 7/16/1984 | 7/16/1984 | | 12/20/2017 |
| 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 | 2374 - JETER | This appeal has been taken in accordance with Title 46 U.S.C.
7702 (b) 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 seaman's document upon finding
proved the charge of misconduct. The specification found proved
alleges that while serving as fleet chef aboard the SS EXXON SAN
FRANCISCO, under the authority of the document above captioned, on
or about 24 December 1981, while the vessel was at sea, Appellant
did wrongfully rape a crew member of the vessel, namely, Robin
Casson.
The hearing was held at Houston, Texas 14 December 1982, 22
and 24 January 1983, 9 February 1983 and 13 and 15 April 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 into evidence the
testimony of three witnesses, transcripts of depositions of six
additional witnesses, and seven other exhibits.
In defense, Appellant offered in evidence his own testimony,
the testimony of two additional witnesses, transcripts of
depositions of four witnesses, and three other exhibits. | Appeal No. 2374 | Suspension and Revocation Appeals Authority | 11/23/1984 | 11/23/1984 | | 12/7/2017 |
| Suspension and Revocation Appeals Authority | 2298 - GRAVES | This appeal has been taken in accordance with Title 46 U.S.C.
239b and 46 CFR 5.30-1.
By order dated 23 July 1980, an Administrative Law Judge of
the United States Coast Guard at Houston, Texas, 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 holding the document
and license above captioned, on or about 12 December 1979,
Appellant was convicted in the 180th District Court of Harris
County, Texas, a court of record, for the possession of marijuana
in a quantity of more than four ounces.
The hearing was held at Houston, Texas on 15 July 1980.
At the hearing, Appellant elected to act as his own counsel
and entered a plea of guilty, which was later changed to not
guilty, to the charge and each specification.
The Investigating Officer introduced in evidence four
exhibits. | Appeal No. 2298 | Suspension and Revocation Appeals Authority | 4/6/1983 | 4/6/1983 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2238 - MONTGOMERY | This appeal has been taken in accordance with Title 46 U.S.C.
239(g) and Title 46 CFR 5.30-1.
By order dated 18 March 1980, 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
misconduct. The specification found proved alleged that while
serving as Electrician on board SS MORMACARGO under authority of
the document above captioned, on or about 29 October 1979,
Appellant had in his possession a controlled substance, to wit:
marijuana.
The hearing was held at Philadelphia, Pennsylvania, on 20
December 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 the testimony
of two witnesses and four documents. | Appeal No. 2238 | Suspension and Revocation Appeals Authority | 3/4/1981 | 3/4/1981 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2246 - CONWAY | This appeal has been taken in accordance with Title 46 U.S.C.
239(g) and CFR 5.30-1.
By order dated 18 March 1980, 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 alleges that while serving as Tankerman on board the
TANK BARGE E 21, under authority of the document above captioned,
at or about 20 July 1979, while the barge was moored in Perth
Amboy, New Jersey, Appellant wrongfully caused the opening of the
manifold valve before the hose connections were complete, thus
permitting a harmful quantity of oil to spill into the Raritan
River, a navigable water of the United States.
The hearing was held at New York at various time from 16
August 1979, to 14 March of 1980.
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 five witnesses.
In defense, Appellant offered in evidence three written
statements, two documents, his own testimony, and that of a
witness. | Appeal No. 2246 | Suspension and Revocation Appeals Authority | 6/3/1981 | 6/3/1981 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2297 - FOEDISCH | This appeal has been taken in accordance with Title 46 U.S.C.
239(g) and 46 CFR 5.3-1.
By order dated 13 July 1981, and Administrative Law Judge of
the United States Coast Guard at Seattle, Washington suspended
Appellant's seaman's documents for six months, upon finding him
guilty of misconduct. The specification found proved alleges that,
while serving as Ordinary Seaman on board the SS JOHN LYKES, O.N.
282772 under authority of the captioned document, on or about 9 May
1980, Appellant wrongfully possessed approximately 12.5 grams of
marijuana, a narcotic.
The hearing was held at Seattle, Washington on 8 December
1980, 5 February 1981 and 22 June 1981.
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 documents
and a deposition.
In defense, Appellant testified in his own behalf and offered
eight documents in evidence.
At the end of the hearing, the Administrative Law Judge
rendered a decision in which he concluded that the charge and specification had been proved. He then served a written order on
Appellant suspending all documents issued to Appellant for a period
of six months.
The entire decision was served on 14 July 1981. Appeal was
timely filed on 27 July 1981 and perfected on 26 October 1981. | Appeal No. 2297 | Suspension and Revocation Appeals Authority | 4/6/1983 | 4/6/1983 | | 12/20/2017 |
| 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 | 2293 - RUBY | This appeal has been taken in accordance with Title 46 U.S.C.
239(g) and 46 CFR 5.30-1.
By orders dated 31 March and 8 April 1981, an Administrative
Law Judge of the United States Coast Guard at Baltimore, Maryland
admonished Appellants, Peter S. Smith and Alexander Ruby, Jr., who
were Master and Chief Engineer of the SS JACKSONVILLE,
respectively. The specification of the misconduct charge alleges
that while serving as Master and Chief Engineer of the vessel under
authority of the documents above captioned, on or about 21 January 1981, Appellants did not fail to notify the nearest Coast Guard
Marine Safety Office of repairs affecting the safety of the vessel,
namely, boiler tube plugging repairs.
The hearing was held in joinder at Baltimore, Maryland on 30
January 1981.
At the hearing, Appellants were represented by the same
counsel. Both Appellants entered pleas of not guilty to the charge
and specification.
The Investigating Officer introduced into evidence the
testimony of four witnesses and one document.
In defense, the Appellants offered in evidence the testimony
of one witness and three documents.
Subsequent to the hearing, the Administrative Law Judge
rendered a written decision in which he concluded that the charge
and specification against Appellants were proved. He then served
written orders of admonition on Appellants. | Appeal No. 2293 | Suspension and Revocation Appeals Authority | 3/21/1983 | 3/21/1983 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2200 - GARD | This appeal has been taken in accordance with Title 46 U.S.C.
239(G) and 46 CFR 5.30-1.
By order rendered 2 March 1979, an Administrative Law Judge of
the United States Coast Guard at St. Louis, Missouri, suspended
Appellant's seaman's documents for one month on six months'
probation, upon finding him guilty of negligence. The
specification found proved alleged that while serving that while
serving as Tankerman on board the Tank Barge NMS-3103 under
authority of the document above captioned, on or about 21 August
1978, Appellant failed to adequately supervise cargo loading
operations, causing an overflow and pollution of the navigable
waters of the upper Mississippi River near Pine Bend, Minnesota.
The hearing was held at St. Louis, Missouri, on 2 January and
2 March 1979.
At the hearing, Appellant was represented by non-professional
counsel. A plea of not guilty to the charge and specification was
entered in his behalf by the Administrative Law Judge.
The Investigating Officer introduced in evidence depositions
of one witness, and three exhibits.
Appellant offered no evidence in defense.
At the end of the hearing, the Administrative Law Judge rendered an oral decision in which he concluded that the charge and
specification had been proved. He then entered an order suspending
all documents issued to Appellant for a period of one month on six
months' probation.
The entire decision was served on 19 April 1979. Appeal was
timely filed on 19 March 1979 and perfected on the same day. | Appeal No. 2200 | Suspension and Revocation Appeals Authority | 4/8/1980 | 4/8/1980 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2322 - SHAW | This appeal has been taken in accordance with Title 46 U.S.C.
239(g) and 46 CFR 5.30-1.
By order rendered 16 February 1982, an Administrative Law
Judge of the United States Coast Guard at New York, New York,
revoked Appellant's merchant mariner's document 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 17 August 1981,
Appellant was convicted by the Twenty-Third Judicial District Court
of St. James Parish, Louisiana, a court of record, for violation of
Sections 967(A) and (C) of 40 Louisiana Revised Statutes, a
narcotic drug law violation.
The hearing was held at New York, New York, on 8 December
1981, 12 January 1982 and 27 January 1982,
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 two exhibits. | Appeal No. 2322 | Suspension and Revocation Appeals Authority | 9/7/1983 | 9/7/1983 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2279 - LEWIS | This appeal has been taken in accordance with Title 46 U.S.C.
239(g) and 46 CFR 5.30-1.
By order dated February 11, 1981, an Administrative Law Judge
of the United States Coast Guard at New Orleans, Louisiana, revoked
Appellant's seaman's document upon finding him guilty of
misconduct. The amended specifications found proved alleged that
while serving as Wiper on board the SS DELTA SUD under authority of
the document above captioned, on or about 5 February 1981,
Appellant wrongfully possessed a narcotic drug aboard the vessel,
to wit: marijuana and did wrongfully engage in disorderly conduct
by using foul and abusive language to both the officers of the
DELTA SUD and Coast Guard marine inspectors.
The hearing was held at New Orleans, Louisiana, on 11 February
1981.
At the hearing, Appellant elected to act as his own counsel
and entered a plea of not guilty to the charge and specifications.
The Investigating Officer introduced in evidence the testimony
of two witnesses and five exhibits.
In defense Appellant testified on his own behalf.
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 then served a written
order on Appellant revoking all documents issued to Appellant. | Appeal No. 2279 | Suspension and Revocation Appeals Authority | 7/16/1982 | 7/16/1982 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2272 - PITTS | This appeal has been taken in accordance with Title 46 U.S.C.
239(g) and 46 CFR 5.30-1.
By order dated 9 March 1981, an Administrative Law Judge of
the United States Coast Guard at Jacksonville, Florida, suspended
Appellant's seaman's documents for one month, plus three months on
twelve months' probation upon finding him guilty of one charge of
negligence and one charge of misconduct. The respective supporting
specifications found proved alleged: that while serving as
Operator on board the M/V MORANIA #16 and Tow Barge MORANIA #400
under authority of the license above captioned on 19 February 1980,
Appellant's flotilla collided with berth 2 of South Carolina State
Ports Authority Columbia Street Terminal in Charleston, South
Carolina; and that Appellant, while serving as aforesaid,
wrongfully exceeded the scope of his license by navigating from the
high seas into inland waters to wit: Charleston Harbor, S.C.,
without having aboard a properly licensed pilot as required by 46
U.S.C. 364. A third charge, sounding in "Violation of Law," was
found not proved.
The hearing was held at Charleston, South Carolina on May 22,
1980. | Appeal No. 2272 | Suspension and Revocation Appeals Authority | 3/30/1982 | 3/30/1982 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2291 - JOSEPH | This appeal has been taken in accordance with Title 46 U.S.C.
239(g) and 46 CFR 5.30-1.
By order dated 7 October 1981, an Administrative Law Judge of
the United States Coast Guard at Port Arthur, Texas revoked
Appellant's license upon finding him guilty of misconduct. The
specification found proved alleges that while serving as Operator
aboard M/V LADY ALICE, under authority of the captioned document,
on 19 July 1981, Appellant assaulted and battered by cutting with
a broken coffee cup, a member of the crew, James Burnham, while
said vessel was underway on the Gulf Intracoastal Waterway.
The hearing was held at Port Arthur, Texas on 10 September
1981.
At the hearing, Appellant elected to act as his own 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 one exhibit. | Appeal No. 2291 | Suspension and Revocation Appeals Authority | 3/1/1983 | 3/1/1983 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2234 - REIMANN | This appeal has been taken in accordance with Title 46 U.S.C.
239(g) and 46 CFR 5.30-1.
By order dated 7 November 1979, an Administrative Law Judge of
the United States Coast Guard at San Francisco, California,
suspended Appellant's license for two months, upon finding him
guilty of negligence. The specification found proved alleges that
while serving as Second Mate on board SS AVILA under authority of
the license above captioned, at or about 0830, 19 June 1979,
Appellant negligently failed to take adequate precautions to
prevent the overfilling of Number 3 starboard tank and subsequent
spilling of a harmful quantity of oil into the navigable waters of
the United States.
The hearing was held at Embarcadero Center, Suite 310, San
Francisco, California, on 27 July, 16 August, 20 August, 5
September, and 14 September 1979.
At the hearing, Appellant was represented by professional
counsel and, in Appellant's absence from the first session, a plea
of not guilty to the charge and specification was entered on his
behalf. | Appeal No. 2234 | Suspension and Revocation Appeals Authority | 2/9/1981 | 2/9/1981 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2254 - YOUNG | This appeal has been taken in accordance with Title 46 U.S.C.
239(g) and 46 CFR 5.30-1.
By order dated 6 March 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
misconduct. The specification found proved alleged that while
serving as fireman-watertender on board SS AFRICAN NEPTUNE under
authority of the document above captioned, on or about 20 October
1977, Appellant had in his possession 1909.2 grams of marijuana, a
controlled substance.
The hearing was held at Philadelphia, Pennsylvania, on
December 13, 1978 and continued through February 7, 1979.
At the initial hearing, Appellant was represented by
professional counsel and entered a plea of not guilty to the charge
and specification. The counsel representing Appellant at the
hearing before the Administrative Law Judge failed to appear on
several occasions, despite agreed dates. On 8 January 1979, the
hearing proceeded without the presence of Appellant's counsel. At
a subsequent session counsel did appear, and was afforded the
opportunity of recalling the principal witness presented by the
Investigating Officer. Appellant is now represented by substitute
counsel. | Appeal No. 2254 | Suspension and Revocation Appeals Authority | 7/22/1981 | 7/22/1981 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2371 - MCFATE | This appeal has been taken in accordance with Title 46 U.S.C.
239(g) and 46 CFR 5.30-1.
By order dated 4 March 1983, an Administrative Law Judge of
the United States Coast Guard at Port Arthur, Texas revoked
Appellant's license upon finding him guilty of misconduct. The
specification found proved alleges that Appellant, while serving as
Assistant Engineer on board the M/V WARRIOR under authority of the
above captioned documents did, on or about 16 September 1980,
wrongfully assault and batter the Chief Engineer, Mr. Matthew P.
Laving, with a deadly weapon, to wit, a knife, and inflicted severe
bodily harm while the vessel was underway in San Juan Harbor,
Puerto Rico.
The hearing was held at Port Arthur, Texas, on 25 January
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 five documents and the
testimony of two witnesses into evidence.
In defense, Appellant introduced his own testimony into
evidence. | Appeal No. 2371 | Suspension and Revocation Appeals Authority | 9/27/1984 | 9/27/1984 | | 12/7/2017 |
| Suspension and Revocation Appeals Authority | 2365 - EASTMAN | This appeal has been taken in accordance with Title 46 U.S.C.
239(g) and 46 CFR 5.30-1.
By order dated 4 August 1982, an Administrative Law Judge of
the United States Coast Guard at Portland, Maine suspended
Appellant's license for two months on twelve months' probation,
upon finding him guilty of negligence and misconduct. The
specification found proved under the charge of negligence alleges
that while serving as Operator on board the United States M/V
VIKING SUN under authority of the license above captioned, on or
about 21 June 1981, Appellant continued the voyage of the M/V
VIKING SUN into hazardous waters after the starboard engine
stalled. The specifications found proved under the charge of
misconduct allege that Appellant wrongfully: (1) failed to provide
the passengers with emergency procedures in accordance with 46 CFR
185.25-1 and (2) operated the M/V VIKING SUN while carrying
passengers without a valid certificate of inspection.
The hearing was held at Portland, Maine on 15, 16, and 17 June
1982. | Appeal No. 2365 | Suspension and Revocation Appeals Authority | 7/10/1984 | 7/10/1984 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2251 - FADL | This appeal has been taken in accordance with Title 46 U.S.C.
239(g) and 46 CFR 5.30-1.
By order dated 31 July 1980, an Administrative Law Judge of
the United States Coast Guard at New York, New York, revoked
Appellant's seaman's document upon finding him guilty of the charge
of "conviction for a narcotic drug law violation." The one
specification found proved alleges that while holder of the
document above captioned, on or about 5 August 1970, Appellant was
convicted by the Criminal Court of the City of New York, County of
New York, a court of record, for violation of Section 220.05 of the
Penal Law of the State of New York, for criminal possession of a
dangerous drug, to wit; Hashish.
The hearing was held at New York, New York, on 25 July 1980.
Appellant did not appear and was not represented at the
hearing, which was held in absentia.
The Investigating Officer introduced in evidence two
documents. | Appeal No. 2251 | Suspension and Revocation Appeals Authority | 6/10/1981 | 6/10/1981 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2340 - JAFFEE | This appeal has been taken in accordance with Title 46 U.S.C.
239(g) and 46 CFR 5.30-1.
By order dated 31 January 1983, an Administrative Law Judge of
the United States Coast Guard at Almeda, California suspended
Appellant's license for six months, plus six months on twelve
month's probation, upon finding him guilty of negligence. The
specifications found proved allege that while serving as Operator
on board the United States motor vessel PILLAR POINT 3 under
authority of the license above captioned, on 7 November 1982,
Appellant knowingly carried passengers for hire on the PILLAR POINT
3 on a sport fishing voyage off the coast of California from Pillar
Point Harbor and back to Pillar Point Harbor with the starboard
engine inoperative, the starboard engine-driven bilge pump
inoperative, and the starboard shaft disconnected from the
reduction gear in an unsafe manner.
The hearing was held at Alameda, California on 1 December
1982.
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. 2340 | Suspension and Revocation Appeals Authority | 1/20/1984 | 1/20/1984 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2342 - MAKRINOS | This appeal has been taken in accordance with Title 46 U.S.C.
239(g) and 46 CFR 5.30-1.
By order dated 31 August 1981, an Administrative Law Judge of
the United States Coast Guard at Boston, Massachusetts, suspended
Appellant's license for one month, upon finding him guilty of
misconduct. The specification found proved, alleges that while
serving as Master on board the United States S/S OASIS HAWAII,
under authority of the license above captioned, on or about 11
March 1981, Appellant allowed his vessel to depart the port of
Texas City, Texas with its load line submerged.
The hearing was held at Boston, Massachusetts, on 2 and 30
April, 28 and 29 May, 4 June, and 16 July 1981.
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 14 exhibits
and called four witnesses. | Appeal No. 2342 | Suspension and Revocation Appeals Authority | 3/6/1984 | 3/6/1984 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2360 - WILKINS.PDF | This appeal has been taken in accordance with Title 46 U.S.C.
239(g) and 46 CFR 5.30-1.
By order dated 30 September 1981, an Administrative Law Judge
of the United States Coast Guard at Jacksonville, Florida
admonished Appellant upon finding him guilty of misconduct. The
specification found proved alleges that while serving as Operator
on board M/V FREEDOM under authority of the above captioned license
on or about 28 January 1981, Appellant exceeded the scope of his
license by navigating the enrolled, coastwise, seagoing barge OCEAN
193, while not on the high seas, without having on board a properly
licensed pilot as required.
The hearing was held at Jacksonville, Florida on 7 July 1981.
At the hearing, Appellant was not present but was represented
by professional counsel. A plea of not guilty to the charge and
specification was entered on his behalf. A stipulation of facts
was entered into between Appellant's counsel and the Investigating
Officer. The Investigating Officer also introduced in evidence an
additional document and stipulated to Appellant's negative prior record. | Appeal No. 2360 | Suspension and Revocation Appeals Authority | 6/12/1984 | 6/12/1984 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2320 - MINTZ | This appeal has been taken in accordance with Title 46 U.S.C.
239(g) and 46 CFR 5.30-1.
By order dated 30 September 1980, an Administrative Law Judge
of the United States Coast Guard at Long Beach, California
suspended Appellant's seaman's document for three months on twelve
months' probation, upon finding him guilty of misconduct. The
specifications found proved allege that, while serving as Steward
Utility on board the SS PRESIDENT POLK under authority of the above
captioned document Appellant: (1) on or about 2 December 1979
failed to obey the order of the Chief Steward to mop and buff
passenger deck passageways and to clean the passenger lounge and
card room; (2) on or about 2 December 1979 created a disturbance
in the Purser's foyer by using loud exclamations and profanity to
the Chief Steward; (3) on 7 December 1979 failed to obey the
order of the Chief Steward to clean the garbage room; and (4) on
8 December 1979 failed to obey the order of the Chief Steward to
clean the garbage room.
The hearing was held at Long Beach, California on 5 February,
14 and 17 April, 20 May, 10 and 12 June and 17 September. | Appeal No. 2320 | Suspension and Revocation Appeals Authority | 9/7/1983 | 9/7/1983 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2249 - DURAND | This appeal has been taken in accordance with Title 46 U.S.C.
239(g) and 46 CFR 5.30-1.
By order dated 30 November 1979, and Administrative Law Judge
of the United States Coast Guard at Jacksonville, Florida,
suspended Appellant's license for three months, plus six months on
twelve months' probation, upon finding him guilty of misconduct.
The amended specification found proved alleged that while serving
as Operator on board the United States M/V PILOT, O.N. 580326,
under authority of the documents above captioned, on or about 22
September 1977, Appellant operated said vessel in the Southwest
lane, in contravention of the Strait of Dover Traffic Separation
Scheme promulgated under authority of IMCO Resolution A. 284
(VIII), 20 November 1973. A second amended specification, that
Appellant did ship and discharge seaman without filing a report as
required by 46 U.S.C. 643(1), was found not proved.
The hearing was held at Jacksonville, Florida, on 23 April, 23
July, 28 September, and 4 October 1979.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specifications.
The Investigating Officer introduced in evidence thirteen
documentary exhibits and the testimony of one witness. | Appeal No. 2249 | Suspension and Revocation Appeals Authority | 6/8/1981 | 6/8/1981 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2334 - HARTLAGE.PDF | This appeal has been taken in accordance with Title 46 U.S.C.
239(g) and 46 CFR 5.30-1.
By order dated 3 December 1982, an Administrative Law Judge of
the United States Coast Guard at Wilmington, North Carolina
suspended Appellant's license for one month upon finding him guilty
of misconduct. The specification found proved alleges that while
serving as Master on board the United States SS JACKSONVILLE under
authority of the license above captioned, on or about 13 October
1982, Appellant wrongfully allowed the vessel to enter the port of
Wilmington, North Carolina without propulsion power, which was a
hazardous condition, without first notifying the Captain of the
Port, Wilmington, North Carolina as is required by 33 CFR 161.15
The hearing was held at Wilmington, North Carolina on 3 and 4
November 1982.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and each
specification. | Appeal No. 2334 | Suspension and Revocation Appeals Authority | 12/6/1983 | 12/6/1983 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2283 - FUEHR | This appeal has been taken in accordance with Title 46 U.S.C.
239(g) and 46 CFR 5.30-1.
By order dated 28 January 1980, an Administrative Law Judge of
the United States Coast Guard at St. Louis, Missouri, admonished
Appellant upon finding him guilty of misconduct. The specification
found proved alleges that while serving as Second Mate on board the
United States M/V W.W. HOLLOWAY under authority of the license
above captioned, on or about 17 September 1979, Appellant
wrongfully departed the port of Milwaukee, WI, for Chicago, IL, and
traversed Lake Michigan without the required endorsement on his
license to wit: first class pilot upon the waters of Lake Michigan.
The hearing was held at Chicago, IL on 18 October 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 the testimony
of one witness and three documents. | Appeal No. 2283 | Suspension and Revocation Appeals Authority | 8/24/1982 | 8/24/1982 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2281 - BROMAN | This appeal has been taken in accordance with Title 46 U.S.C.
239(g) and 46 CFR 5.30-1.
By order dated 28 January 1980, an Administrative Law Judge of
the United States Coast Guard at St. Louis, Missouri, admonished
Appellant upon finding him guilty of misconduct. The specification
found proved alleges that while serving as Master on board the
United States M/V W.W. HOLLOWAY under authority of the license
above captioned, on or about 17 September 1979, Appellant departed
the port of Milwaukee, WI, for Chicago, IL, and traversed Lake
Michigan without the required licensed personnel aboard as required
by the vessel's certificate of inspection, to wit: the vessel
sailed without the second mate having the proper endorsement to be
a first class pilot upon Lake Michigan.
The hearing was held at Chicago, IL on 18 October 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 the testimony
of one witness and three documents.
The Appellant did not testify, call witnesses or introduce any
documents. | Appeal No. 2281 | Suspension and Revocation Appeals Authority | 8/16/1982 | 8/16/1982 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2258 - HOPKINS | This appeal has been taken in accordance with Title 46 U.S.C.
239(g) and 46 CFR 5.30-1.
By order dated 28 January 1980, an Administrative Law Judge of
the United States Coast Guard at New York, New York, suspended
Appellant's license for three months, on twelve months' probation,
upon finding him guilty of negligence. The specifications found
proved alleged that while serving as Second Mate on board SS
MONTPELIER VICTORY under authority of the license above captioned,
on or about 27 January 1979, Appellant:
-negligently navigated the said vessel by failing to ascertain
the said vessel's position between approximately 1600 and 1650;
-did negligently plot upon the chart the 1610 fix incorrectly;
-did negligently alter the vessel's course from 287° gyro to
300° without first properly fixing the vessel's position,
contributing to the grounding of the said vessel; and
-did negligently turn over the deck watch to the Third
Officer, Walter S. BENECKY, without properly advising him of the
vessel's position, thereby contributing to the grounding of the
said vessel.
The Administrative Law Judge found that the latter two
specifications were proved as matters in aggravation with respect
to the first two specifications found proved, and not as
independent offenses. | Appeal No. 2258 | Suspension and Revocation Appeals Authority | 6/10/1981 | 6/10/1981 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2295 - AMOURY | This appeal has been taken in accordance with Title 46 U.S.C.
239(g) and 46 CFR 5.30-1.
By order dated 26 March 1981, an Administrative Law Judge of
the United States Coast Guard at Long Beach, California, revoked
Appellant's seaman's documents upon finding him guilty of
misconduct. The specification found proved alleges that, while
serving as Engine Utilityman on board the SS TRAVELER under
authority of the document above captioned, on or about 3 March 1981
Appellant wrongfully possessed hashish while the vessel was in the
port of Navlakhi, India.
The hearing was held at Long Beach, California, on 17 March
1981.
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 a
certification of the shipping articles and a certified copy of the
official log of the vessel.
In defense, Appellant offered the testimony of a shipmate 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. He then served a written order on
Appellant revoking all documents issued to Appellant.
The entire decision was served on Appellant on 30 March 1981.
Appeal was timely filed on 6 April 1981 and perfected on 22 July
1981. | Appeal No. 2295 | Suspension and Revocation Appeals Authority | 3/30/1983 | 3/30/1983 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2197 - GAINES | This appeal has been taken in accordance with title 46 U.S.C.
239(g) and 46 CFR 5.30-1.
By order dated 26 July 1978, an Administrative Law Judge of
the United States Coast Guard at Baltimore, Maryland, after a
hearing at Baltimore, Maryland, on 12 April and 6 July 1978,
suspended Appellant's license and document for a period of four
months and further suspended them for a period of two months on
twelve months' probation upon finding him guilty of misconduct.
The three specifications of the charge of misconduct found proved
allege (1) that Appellant while serving as Radio Officer aboard SS
JOHN B. WATERMAN, under authority of the captioned document, did,
on or about 23 March 1977, while said vessel was in the port of
Long Beach, California, wrongfully refuse to obey a lawful command
of the master to produce the radio log for an official inspection
by the Federal Communication Commission Inspector; (2) that
Appellant, while serving as aforesaid, did, on or about 23 March
1977, wrongfully fail to maintain the vessel's radio-telegraph log
as required by the 1960 SOLAS Convention, Chapter 4, regulation 16,
paragraphs (a) and (b); and (3) that Appellant, while serving as
aforesaid, did, on or about 23 March 1977, wrongfully refuse to
make the vessel's radio-telegraph log available for inspection as
required by the 1960 SOLAS Convention,Chapter 4, regulation 16,
paragraph (c). (The third specification was merged with the first,
and, as so merged, was found proved.) | Appeal No. 2197 | Suspension and Revocation Appeals Authority | 3/27/1980 | 3/27/1980 | | 12/21/2017 |