| Suspension and Revocation Appeals Authority | 2590 - LISTON | UNITED STATES OF AMERICA
DEPARTMENT OF TRANSPORTATION
UNITED STATES COAST GUARD
UNITED STATES OF AMERICA
UNITED STATES COAST GUARD
vs.
MERCHANT MARINER’S DOCUMENT
NO. Z (REDACTED
Issued to Michael L. Liston
:
:
:
:
:
:
:
:
DECISION OF THE
COMMANDANT
ON APPEAL
NO. 2590
This appeal is taken in accordance with 46 U.S.C. § 7702 and 46 C.F.R. § 5.701.
By an order dated December 15, 1995, an Administrative Law Judge of the United States Coast
Guard at Jacksonville, Florida, revoked Appellant’s above captioned license, upon finding a
charge of use of a dangerous drug proved. The single specification supporting the charge alleged
that appellant was, as shown by a positive drug test, a user of marijuana.
The hearing was held in Tampa, Florida, on December 12, 1995. Appellant was represented by
counsel and entered a response denying the charge and specification. The Coast Guard
Investigating Officer introduced into evidence the testimony of three witnesses and seven
exhibits. Appellant introduced into evidence his own testimony and four exhibits.
The Administrative Law Judge’s Decision and Order (D&O) was served on Appellant on
December 18, 1995. Appellant received the transcript of the hearing on January 29, 1996.
Appellant filed a timely notice of appeal on January 16, 1996, and perfected it on March 29,
1996. | Appeal No. 2590 | Suspension and Revocation Appeals Authority | 8/5/1997 | 8/5/1997 | | 11/27/2017 |
| Suspension and Revocation Appeals Authority | 2687 - HANSEN | UNITED STATES OF AMERICA
DEPARTMENT OF HOMELAND SECURITY
UNITED STATES COAST GUARD
UNITED STATES OF AMERlCA
UNITED STATES COAST GUARD
vs.
DECISIO OF THE
VICE COMMANDA T
o APPEAL
MERCHANT MARINER LICENSE
and
MERCHANT MARINER DOCUMENT
Issued to: EDWARD K. HANSEN
NO. 2687
This appeal is taken in accordance with 46 U.S.C. § 7701 el seq., 46 C.F.R. Part
5, and the procedures set forth in 33 C.F.R. Part 20.
Bya Decision and Order (hereinafter "D&O") dated February 20, 2008,
Administrative Law Judge (hereinafter "AU") Michael J. Devine of the United States
Coast Guard at Norfolk, Virginia, suspended the Merchant Mariner Credentials of Mr.
Edward K. Hansen (hereinafter "Respondent") for one month on two months probation
upon finding proved one charge of violation of law or regulation. The specification
found proved alleged that, while serving as the master of M/V BETTY, Respondent
towed the TIB ATLANTIC SULPHUR NO.1 beyond the boundary line without a valid
load line certificate or coastwise load line exemption letter, in violation of 46 U.S.C. §§
5102 and 5103, and 46 C.F.R. § 42.07-1. | Appeal No. 2687 | Suspension and Revocation Appeals Authority | 6/8/2010 | 6/8/2010 | | 11/27/2017 |
| Suspension and Revocation Appeals Authority | 2685 - MATT | UNITED STATES OF AMERICA
DEPARTMENT OF HOMELAND SECURITY
UNITED STATES COAST GUARD
UNITED STATES OF AMERICA
UNITED STATES COAST GUARD
vs.
MERCHANT MARINER LICENSE
Issued to: WILLIAM S. MAIT
DECISION OF THE
VICE COMMANDANT
ON APPEAL
NO 2685
This appeal is taken in accordance with 46 U.S.C. § 7701 et seq., 46 C.F.R. Part 5,
and 33 C.F.R. Part 20.
Bya Decision and Order (hereinafter "D&O") dated May 13, 2008, Coast Guard
Administrative Law Judge (hereinafter "AU") Bruce T. Smith dismissed the Coast
Guard's Amended Complaint alleging violation oflaw or regulation (for refusal to
submit to pre-employment drug testing) against William S. Matt (hereinafter
"Respondent"). The ALJ dismissed the Coast Guard's allegation upon finding that the
Coast Guard did not prove, "by a preponderance of the reliable and credible evidence and
testimony as taken from the record considered as a whole" that Respondent failed to
submit to Coast Guard mandated drug testing. [D&O at 16] The Coast Guard appeals. | Appeal No. 2685 | Suspension and Revocation Appeals Authority | 1/5/2010 | 1/5/2010 | | 11/27/2017 |
| Suspension and Revocation Appeals Authority | 2686 - SALAMON | UNITED STATES OF AMERICA
DEPARTMENT OF HOMELAND SECURITY
UNITED STATES COAST GUARD
UNITED STATES OF AMERICA
UNITED STATES COAST GUARD
vs.
MERCHANT MARINER LICENSE
Issued to: VLADIMIR SALAMON
DECISION OF THE
COMMANDANT
ON APPEAL
NO. 2686
This appeal is taken in accordance with 46 U.S.c. § 7701 ef seq., 46 C.F.R. Part
5, and the procedures set forth in 33 C.F.R. Part 20.
FACTS & PROCEDURAL HISTORY
At all times relevant herein, Respondent was the holder of the Coast Guard issued
merchant mariner license at issue in this proceeding.
By a Decision and Order (hereinafter "D&O") dated May 2, 2008, Coast Guard
Chief Administrative Law Judge (hereinafter "CALJ") Joseph N. Ingolia, dismissed the
Coast Guard Complaint against the Merchant Mariner License of Vladimir Salamon
(hereinafter "Respondent") upon finding that the Investigating Officer (hereinafter "10")
failed to follow required regulations. The Complaint from which the D&O resulted
alleged that on August 14,2007, Respondent committed misconduct by failing to report a
marine casualty as required by 46 C.F.R. § 4.05-I(a). Additionally, the Complaint
alleged he committed acts of negligence by failing to sound the proper sound signals and obtain early warning of the risk of collision as prescribed by 33 U.S.c. §§ 2035(c) and
2007(b). | Appeal No. 2686 | Suspension and Revocation Appeals Authority | 5/22/2010 | 5/22/2010 | | 11/27/2017 |
| Suspension and Revocation Appeals Authority | 2683 - DESIMONE | UNITED STATES OF AMERICA
DEPARTMENT OF HOMELAND SECURITY
UNITED STATES COAST GUARD
UNITED STATES OF AMERICA
UNITED STATES COAST GUARD
VS.
MERCHANT MARINER LICENSE
Issued to: MICHAEL G. DESIMONE
DECISION OF THE
VICE COMMANDANT
ON APPEAL
N026S3
This appeal is taken in accordance with 46 U.S.c. § 7701 el seq., 46 C.F.R. Part 5,
and 33 C.F.R. Part 20.
By a Decision and Order dated July 8, 2005 (hereinafter "D&O"), Judge Walter J.
Brodzinski, an Administrative Law Judge (hereinafter "All") of the United States Coast
Guard at New York, New York, revoked the merchant mariner license of Mr. Michael G.
DeSimone (hereinafter "Respondent") upon finding proved a charge of misconduct. The
specification alleged that Respondent was convicted of violating a dangerous drug law of
the State ofNew York within 10 years of the initiation of the Coast Guard suspension and
revocation proceedings. | Appeal No. 2683 | Suspension and Revocation Appeals Authority | 11/6/2009 | 11/6/2009 | | 11/27/2017 |
| Suspension and Revocation Appeals Authority | 2688 - HENSLEY | UNITED STATES OF AMERICA
DEPARTMENT OF HOMELAND SECURITY
UNITED STATES COAST GUARD
UNITED STATES OF AMERICA
UNITED STATES COAST GUARD
vs.
MERCHANT MARINER LICENSE
Issued to: GARY L. HENSLEY
DECISION OF THE
VICE COMMANDANT
ON APPEAL
NO. 2688
This appeal is taken in accordance with 46 U.S.C. § 7701 ef seq., 46 C.F.R.
Part 5, and the procedures set forth in 33 C.F.R. Part 20.
By a Decision and Order (hereinafter "D&O") dated August 14, 2008, Coast
Guard Administrative Law Judge (hereinafter "AU") Bruce T. Smith dismissed the
Coast Guard's Complaint alleging use of or addiction to the use of dangerous drugs (for
failure of a pre-employment drug test) against Gary L. Hensley (hereinafter
"Respondent"). The AU dismissed the Coast Guard's Complaint upon finding that
"[t]he Coast Guard did not prove Respondent failed a pre-employment drug test
conducted in accordance with 46 C.F.R. Part 16 and 49 C.F.R. Part 40." [D&O at 17]
The Coast Guard appeals. | Appeal No. 2688 | Suspension and Revocation Appeals Authority | 6/14/2010 | 6/14/2010 | | 11/27/2017 |
| Suspension and Revocation Appeals Authority | 2690 - THOMAS | UNITED STATES OF AMERICA
DEPARTMENT OF HOMELAND SECURITY
UNITED STATES COAST GUARD
UNITED STATES OF AMERICA
UNITED STATES COAST GUARD
vs.
MERCHANT MARINER LICENSE
&
MERCHANT MARINER DOCUMENT
Issued to: MICHAEL J. THOMAS
DECISION OF THE
VICE COMMANDANT
ON APPEAL
NO·2690
This appeal is taken in accordance with 46 U.S.C. § 7701 et seq., 46 C.F.R.
Part 5, and the procedures set forth in 33 C.F.R. Part 20.
By a Decision and Order (hereinafter "0&0") dated October 2,2009, Coast
Guard Administrative Law Judge (hereinafter "AU") Bruce T. Smith revoked the
Merchant Mariner Credentials of Mr. Michael J. Thomas (hereinafter "Respondent")
upon finding the Coast Guard's Complaint alleging misconduct proved. The Complaint
alleged that Respondent committed an act of misconduct by refusing to submit to a post casualty
drug test ordered by Respondent's marine employer. | Appeal No. 2690 | Suspension and Revocation Appeals Authority | 12/13/2010 | 12/13/2010 | | 11/27/2017 |
| Suspension and Revocation Appeals Authority | 2684 - SCARBOUGH | UNITED STATES OF AMERICA
DEPARTMENT OF HOMELAND SECURITY
UNITED STATES COAST GUARD
UNITED STATES OF AMERICA
UNITED STATES COAST GUARD
vs.
DECISION OF THE
VICE COMMANDANT
ON APPEAL
MERCHANT MARINER LICENSE
Issued to: JAMES C. SCARBOUGH
NO.
1
2.684
This appeal is taken in accordance with 46 U.S.C. § 7701 et seq., 46 C.F.R. Part 5,
and the procedures set forth in 33 C.F.R. Part 20.
By an Order Approving Settlement Agreement and Denying Respondent's
Request to Set Aside Settlement Agreement dated October 25, 2007, an Administrative
Law Judge (hereinafter "ALl") of the United States Coast Guard approved a Settlement
Agreement between the Respondent and the Coast Guard in which Respondent's
Merchant Mariner License was suspended for one month following his admission of all
jurisdictional and factual allegations in the Complaint alleging violation of law or
regulation. Respondent subsequently perfected an appeal of the Settlement Agreement
on December 21, 2007, claiming he was coerced to enter into the Settlement Agreement.
I have learned that subsequent to the filing of his appeal, based on information from
Coast Guard Sector Guam and Respondent's counsel of record, that Respondent is deceased. | Appeal No. 2684 | Suspension and Revocation Appeals Authority | 12/6/2009 | 12/6/2009 | | 11/27/2017 |
| Suspension and Revocation Appeals Authority | 2675 - MILLS | UNITED STATES OF AMERICA
DEPARTMENT OF HOMELAND SECURITY
UNITED STATES COAST GUARD
UNITED STATES OF AMERICA
UNITED STA TES COAST GUARD
vs.
MERCHANT MARINER DOCUMENT
and
MERCHANT MARINER LICENSE
Issued to: HOW ARD C. MILLS
DECISION OF THE
VICE COMMANDANT
ON APPEAL
N0.26 7 5
This appeal is taken in accordance with 46 U.S.C. § 7701 et seq., 46 C.F.R. Part
5, and the procedures set forth in 33 C.F.R. Part 20.
By a Decision and Order (hereinafter "D&O") dated October 27, 2004, an
Administrative Law Judge (hereinafter "ALJ") of the United States Coast Guard
dismissed a Complaint against Mr. Howard C. Mills' (hereinafter "Respondent")
merchant mariner license and document upon finding the charges of violation of law or
regulation and misconduct not proved.
PROCEDURAL HISTORY
The Coast Guard filed its original Complaint against Respondent with the Coast
Guard ALJ Docketing Center on May 13, 2004. [D&O at 2] On June 7, 2004, the Coast
Guard filed an Amended Complaint (hereinafter "Complaint") which specifically
amended the factual allegations for the violation of law or regulation charge with the ALJ
Docketing Center. [Id.] Respondent's reply to the Complaint was received by the ALJ
Docketing Center on the same day. [Answer] In his Answer, although Respondent failed | Appeal No. 2675 | Suspension and Revocation Appeals Authority | 2/28/2008 | 2/28/2008 | | 11/27/2017 |
| Suspension and Revocation Appeals Authority | 2678 - SAVOIE | UNITED STATES OF AMERICA
DEPARTMENT OF HOMELAND SECURITY
UNITED STATES COAST GUARD
UNITED STATES OF AMERICA : DECISION OF THE
UNITED STATES COAST GUARD :
: VICE COMMANDANT
vs. :
: ON APPEAL
Merchant Mariner License :
and : NO.: 2678
Merchant Mariner Document :
:
:
Issued to: WAYNE SAVOIE :
This appeal is taken in accordance with 46 USC § 7701 et seq., 46 CFR Part 5,
and the procedures in 33 CFR Part 20.
By a Decision and Order (hereinafter “D&O”) dated June 10, 2005, an
Administrative Law Judge (hereinafter “ALJ”) of the United States Coast Guard at New
Orleans, Louisiana, suspended the merchant mariner credentials of Mr. Wayne Savoie
(hereinafter “Respondent”) for a period of four months upon finding proved a charge of
conviction for a dangerous drug law violation. The Complaint alleged that on August
30, 2004, Respondent pleaded guilty to, and was convicted of, “Possession of Cocaine”
in a Louisiana court. | Appeal No. 2678 | Suspension and Revocation Appeals Authority | 3/20/2008 | 3/20/2008 | | 11/27/2017 |
| Suspension and Revocation Appeals Authority | 2679 - DRESSER | UNITED STATES OF AMERICA
DEPARTMENT OF HOMELAND SECURITY
UNITED STATES COAST GUARD
UNITED STATES OF AMERICA : DECISION OF THE
UNITED STATES COAST GUARD :
: VICE COMMANDANT
vs. :
: ON APPEAL
MERCHANT MARINER DOCUMENT :
and : No. 2679
MERCHANT MARINER LICENSE :
:
:
Issued to: CHRISTOPHER J. DRESSER :
This appeal is taken in accordance with 46 U.S.C. § 7701 et seq., 46 C.F.R.
Part 5, and the procedures set forth in 33 C.F.R. Part 20.
By a Decision and Order (hereinafter “D&O”) dated June 14, 2005, an
Administrative Law Judge (hereinafter “ALJ”) of the United States Coast Guard at New
York, New York, revoked Respondent’s merchant mariner credentials upon finding
proved a charge of use of a dangerous drug. The single specification supporting the
charge alleged that on November 13, 1997, Respondent had marijuana metabolites
present in his body as was revealed through a pre-employment drug test.
PROCEDURAL HISTORY
The initial hearing was held in New Orleans, Louisiana on April 29, June 11, 12,
and 24, 1998, before The Honorable Archie R. Boggs, ALJ, now retired, who found the
charge proved. Respondent appealed the decision alleging several errors. In particular,
Respondent argued that the ALJ was disqualified because he had an ex parte | Appeal No. 2679 | Suspension and Revocation Appeals Authority | 4/2/2008 | 4/2/2008 | | 11/27/2017 |
| Suspension and Revocation Appeals Authority | 2677 - WALKER | UNITED STATES OF AMERICA
DEPARTMENT OF HOMELAND SECURITY
UNITED STATES COAST GUARD
UNITED STATES OF AMERICA : DECISION OF THE
UNITED STATES COAST GUARD :
: VICE COMMANDANT
vs. :
: ON APPEAL
:
MERCHANT MARINER DOCUMENT : NO: 2677
:
:
:
Issued to: CHARLES EUGENE WALKER :
This appeal is taken in accordance with 46 U.S.C. § 7701 et seq., 46 C.F.R.
Part 5, and the procedures set forth in 33 C.F.R. Part 20.
By a Decision and Order (hereinafter “D&O”) dated January 30, 2007, the Chief
Administrative Law Judge (hereinafter “CALJ”) of the United States Coast Guard
granted the Coast Guard’s Motion for Default and ordered the suspension of the
Merchant Mariner Document of Mr. Charles Eugene Walker (hereinafter “Respondent”)
upon finding that Respondent failed to answer a Complaint properly filed by the Coast
Guard.
PROCEDURAL HISTORY
On November 1, 2006, the United States Coast Guard (hereinafter “Coast Guard”)
issued a Complaint against Respondent’s merchant mariner document alleging a single
specification of misconduct. [Complaint at 1] Pursuant to 46 U.S.C. § 7704(1)(b), the
Coast Guard sought the outright suspension of Respondent’s merchant mariner license
for a period of 15 days, followed by a probationary suspension period. [Id. at 2] The
Complaint and specification alleged that Respondent, while the holder of a merchant | Appeal No. 2677 | Suspension and Revocation Appeals Authority | 3/20/2008 | 3/20/2008 | | 11/27/2017 |
| Suspension and Revocation Appeals Authority | 2680 - MCCARTHY | UNITED STATES OF AMERICA
DEPARTMENT OF HOMELAND SECURITY
UNITED STATES COAST GUARD
UNITED STATES OF AMERICA : DECISION OF THE
UNITED STATES COAST GUARD :
: VICE COMMANDANT
vs. :
: ON APPEAL
:
: NO. 2680
MERCHANT MARINER LICENSE :
:
:
Issued to: JOHN C. McCARTHY, III :
This appeal is taken in accordance with 46 U.S.C. § 7701-7705, 46 C.F.R. Part 5,
and the procedures in 33 C.F.R. Part 20.
By a bifurcated Decision and Order dated November 29, 2006 (hereinafter “D&O
I”), and December 28, 2006 (hereinafter “D&O II”), Judge Peter A. Fitzpatrick, an
Administrative Law Judge (hereinafter “ALJ”) of the United States Coast Guard at
Norfolk, Virginia, found that Mr. John C. McCarthy (hereinafter “Respondent”) had
committed acts of negligence and misconduct and ordered that Respondent’s merchant
mariner license be suspended, outright, for eight months followed by a suspension of
twelve months stayed on twelve months probation.
The specification supporting the negligence charge alleged that Respondent
operated the T/V CHARLESTON negligently by exceeding the minimum safe speed in
Savannah Harbor on March 14, 2006. The specification supporting the misconduct
charge alleged that Respondent violated 33 C.F.R. § 162.65(b)(3) by proceeding at a | Appeal No. 2680 | Suspension and Revocation Appeals Authority | 4/8/2008 | 4/8/2008 | | 11/27/2017 |
| Suspension and Revocation Appeals Authority | 2681 - ROGERS | UNITED STATES OF AMERICA
DEPARTMENT OF HOMELAND SECURITY
UNITED STATES COAST GUARD
UNITED STATES OF AMERICA : DECISION OF THE
:
UNITED STATES COAST GUARD :
: VICE COMMANDANT
vs. :
: ON APPEAL
MERCHANT MARINER LICENSE :
: NO. 2681
:
:
Issued to: MURRAY RANDALL ROGERS :
This appeal is taken in accordance with 46 U.S.C. § 7701 et seq., 46 C.F.R. Part
5, and the procedures in 33 C.F.R. Part 20.
By an “Order Ruling on Proposed Sanctions Based on Non-Compliance with
Subpoena” dated March 25, 2005, (hereinafter “D&O”), an Administrative Law Judge
(hereinafter “ALJ”) of the United States Coast Guard at New Orleans, Louisiana,
dismissed the Coast Guard’s Complaint alleging both misconduct and violation of law or
regulation against Murray Randall Rogers (hereinafter “Respondent”), with prejudice.
The ALJ’s dismissal of the case, an unprecedented action in Coast Guard Suspension and
Revocation proceedings, was ordered as a remedy to Respondent for the Coast Guard’s
failure to comply with a subpoena for discovery of documents issued to the Investigating
Officer (hereinafter “I.O.”) by the ALJ. | Appeal No. 2681 | Suspension and Revocation Appeals Authority | 4/30/2008 | 4/30/2008 | | 11/27/2017 |
| Suspension and Revocation Appeals Authority | 2682 - REEVES | UNITED STATES OF AMERICA
DEPARTMENT OF HOMELAND SECURITY
UNITED STATES COAST GUARD
UNITED STATES OF AMERICA : DECISION OF THE
:
UNITED STATES COAST GUARD : COMMANDANT
:
vs. : ON APPEAL
:
MERCHANT MARINER DOCUMENT : NO. 2682
:
:
:
Issued to: ARLAN T. REEVES :
This appeal is taken in accordance with 46 U.S.C. § 7701 et seq., 46 C.F.R. Part
5, and the procedures set forth in 33 C.F.R. Part 20.
By an “Order Granting Coast Guard’s Motion for Default and Order of
Revocation” (hereinafter “Default Order”) dated April 5, 2007, Coast Guard
Administrative Law Judge (hereinafter “ALJ”) Anthony B. Canorro, revoked the
Merchant Mariner Document (hereinafter “MMD”) of Mr. Arlan T. Reeves (hereinafter
“Respondent”) upon a finding of default in a proceeding that alleged use of or addiction
to the use of dangerous drugs. The Complaint from which the Default Order resulted
alleged that on October 19, 2006, Respondent submitted to a post accident drug test and
provided a urine sample that tested positive for the presence of cocaine metabolites. | Appeal No. 2682 | Suspension and Revocation Appeals Authority | 5/8/2008 | 5/8/2008 | | 11/27/2017 |
| Suspension and Revocation Appeals Authority | 2676 - PARKER | UNITED STATES OF AMERICA
DEPARTMENT OF HOMELAND SECURITY
UNITED STATES COAST GUARD
UNITED ST A TES OF AMERICA
UNITED ST ATES COAST GUARD
VS.
MERCHANT MARINER LICENSE &
MERCHANT MARINER DOCUMENT
Issued to: JOHN KENNETH PARKER
DECISION OF THE
VICE COMMANDANT
ON APPEAL
NO. 26 7 6
This appeal is taken in accordance with 46 U.S.C. § 7701 et seq., 46 C.F.R. Part 5,
and the procedures in 33 C.F.R. Part 20.
By an Order Denying Respondent's Motion to Set Aside Finding of Default
(hereinafter "D&O") dated November 8, 2005, Judge Walter J. Brudzinski, an
Administrative Law Judge (hereinafter "ALJ") of the United States Coast Guard at New
York, New York, upheld a previously issued Default Order suspending the merchant
mariner credentials of Mr. John Kenneth Parker (hereinafter "Respondent") for 12
months upon finding proved charges of negligence and violation of law or regulation.
The specifications found proved alleged that Respondent committed an act of
negligence and violated a law or regulation by violating a Safety and Security Zone while
serving as the master aboard the MN AURORA on March 4, 2005.
PROCEDURAL HISTORY
The instant case is the result of a Default Order issued by the ALJ. The
progression of the case is integral to a thorough understanding of the issue raised on
appeal. The case progressed as follows: | Appeal No. 2676 | Suspension and Revocation Appeals Authority | 2/28/2008 | 2/28/2008 | | 11/27/2017 |
| Suspension and Revocation Appeals Authority | 2672 - MARSHALL | UNITED STATES OF AMERICA
DEPARTMENT OF HOMELAND SECURITY
UNITED STATES COAST GUARD
UNITED ST A TES OF AMERICA
UNITED ST A TES COAST GUARD
vs.
MERCHANT MARINER LICENCSE
and
MERCHANT MARINER'S DOCUMENT
ISSUED TO: CLARENCE MARSHALL. Jr. :
DECISION OF THE
VICE COMMANDANT
ON APPEAL
No.26 7 2
This appeal is taken in accordance with 46 U.S.C. § 7701 et seq., 46 C.F.R.
Part 5, and the procedures set forth in 33 C.F.R. Part 20.
By a Decision and Order (hereinafter "D&O") dated October 28, 2004, Judge
Jeffie J. Massey, an Administrative Law Judge (hereinafter "ALJ") of the United States
Coast Guard at New Orleans, Louisiana, dismissed a Complaint against the merchant
mariner credentials of Mr. Clarence Marshall Jr. (hereinafter "Respondent") upon finding
not proved two charges of misconduct and one charge of violation of Law or regulation.
PROCEDURAL HISTORY
On June 24, 2004, the Coast Guard filed a Complaint against Respondent's
merchant mariner credentials alleging two acts of misconduct (refusal to submit to drug
and alcohol testing and consuming alcohol while acting under the authority of his mariner
credentials) and one act of violation of law or regulation (being under the influence of
alcohol while acting under the authority of his mariner credentials). (Complaint at 2]
The Complaint was properly served on Respondent via Certified Mail, Return Receipt, | Appeal No. 2672 | Suspension and Revocation Appeals Authority | 12/31/2007 | 12/31/2007 | | 11/27/2017 |
| Suspension and Revocation Appeals Authority | 2689 - SHINE | UNITED STATES OF AMERICA
DEPARTME T OF HOMELAND SECURITY
UNITED STATES COAST GUARD
UNITED STATES OF AMERICA
UNITED STATES COAST GUARD
vs.
MERCHANT MARINER LICENSE
Issued to: ERIC NOR.\4A SHINE
DECISION OF THE
VICE COMMANDANT
ON APPEAL
NO. 2689
This appeal is taken in accordance with 46 U.S.C. § nOI el seq., 46 C.F.R. Part
5, and the procedures set forth in 33 C.F.R. Part 20.
Bya Decision and Order (hereinafter "D&O") dated November 13,2008, Coast
Guard Administrative Law Judge (hereinafter "AU") Walter J. Brudzinski revoked the
merchant mariner license afEric Norman Shine (hereinafter "Respondent) upon finding
proved the charge of incompetence. In finding the alleged violation proven, the AU
made 53 findings of fact, including several findings related to Respondent's actions
aboard two merchant vessels and others regarding Respondent's medical treatment
history. Respondent appeals.
APPEARANCE: Prior to filing his first appeal, Respondent was represented by
Forgie, Jacobs & Leonard (Peter S. Forgie, Esq.), 4165 E. Thousand Oaks Boulevard,
Suite 355, Westlake Village, CA 91362. From the time of his first appeal, Respondent
has appeared pro se. The Coast Guard was represented by LCDR Chris Tribolet of U.S.
Coast Guard Maintenance and Logistics Command Pacific, Alameda, California. | Appeal No. 2689 | Suspension and Revocation Appeals Authority | 10/30/2010 | 10/30/2010 | | 11/27/2017 |
| Suspension and Revocation Appeals Authority | 1907 - O'CONNOR | United States Coast Guard at Portsmouth, Va., revoked
Appellant's seaman's documents upon finding him guilty of
negligence. The specifications found proved allege that while
serving as a Third Assistant Engineer on board the United States
SS U.S. ADVENTURER under authority of the document and license
above captioned, on or about 26 January 1968, Appellant:
(1) left his assigned engineroom watch without relief and
retired to his bunk;
(2) while on watch became intoxicated to the extent that he
was unable to perform his assigned duty; and
(3) by absenting himself from his assigned duties
contributed to a casualty to the vessel's port boiler.
At the hearing, Appellant did not appear. The Administrative
Law Judge entered a plea of not guilty to the charge and each
specification.
The Investigating Officer introduced in evidence voyage
records and the testimony of two engineering officers.
There was no defense. | Appeal No. 1907 | Suspension and Revocation Appeals Authority | 1/30/1973 | 1/30/1973 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 2671 - BOUDREAUX | UNITED STA TES OF AMERICA
DEPARTMENT OF HOMELAND SECURITY
UNITED STATES COAST GUARD
UNITED STA TES OF AMERICA
UNITED STATES COAST GUARD
vs.
MERCHANT MARINER'S LICENSE
Issued to: ROY PAUL BOUDREAUX
DECISION OF THE
VICE COMMANDANT
ON APPEAL
N0:2 6 71
This appeal is taken in accordance with 46 U.S.C. § 7701 et seq., 46 C.F.R.
Part 5, and the procedures set forth in 33 C.F.R. Part 20.
By a Decision and Order (hereinafter "D&O") dated November 29, 2005, an
Administrative Law Judge (hereinafter "ALJ") of the United States Coast Guard
dismissed with prejudice a Complaint against Mr. Roy Paul Boudreaux's (hereinafter
"Respondent") merchant mariner license upon finding a single charge of misconduct not
proved consistent with 46 C.F.R. 5.567(a).
PROCEDURAL HISTORY
On December 20, 2004, the United States Coast Guard (hereinafter "Coast
Guard") issued a Complaint against Respondent's merchant mariner license alleging a
single specification of misconduct. [Complaint at 1) The Coast Guard sought to suspend
Respondent's merchant mariner license outright for a period of 12 months. [Id. at 2) The
specification alleged that while Respondent was acting under the authority of his Coast
Guard issued merchant mariner license, he failed to have a proper lookout on the tug and
tow UTV JOHN 3:16, which he was piloting in the Gulf lntracoastal Waterway, thereby | Appeal No. 2671 | Suspension and Revocation Appeals Authority | 10/27/2007 | 10/27/2007 | | 11/27/2017 |
| Suspension and Revocation Appeals Authority | 2673 - MIKAN | UNITED STA TES OF AMERICA
DEPARTMENT OF HOMELAND SECURITY
UNITED STA TES COAST GUARD
UNITED ST A TES OF AMERICA
UNITED STA TES COAST GUARD
vs.
MERCHANT MARINER DOCUMENT
Issued to: MAUREEN ANN MIKAN
DECISION OF THE
VICE COMMANDANT
ON APPEAL
NO. 2 6 7 3
This appeal is taken in accordance with 46 USC§ 7701 et seq., 46 CFR Part 5,
and the procedures in 33 CFR Part 20.
By a Decision and Order (hereinafter "D&O") dated July 13, 2006, Judge
Anthony B. Canorro, an Administrative Law Judge (hereinafter "ALJ") of the United
States Coast Guard at Seattle, Washington, dismissed, without prejudice, the Coast
Guard's Complaint against Ms. Maureen Ann Mikan (hereinafter "Respondent") upon
determining that Respondent had voluntarily surrendered her merchant mariner document
on June 14, 2006.
PROCEDURAL HISTORY
On May 1, 2006, the Coast Guard issued a Complaint against, and sought
revocation of, Respondent's merchant mariner document alleging use of or addiction to
the use of dangerous drugs. [Complaint at 2, D&O at l] After an approved extension of
time in which to file her Answer, Respondent filed an Answer to the Complaint on June
19, 2006, wherein she admitted all jurisdictional allegations and agreed to the Coast
Guard's proposed order of revocation. (Answer at 1; D&O at 1] Thereafter, on June 14, | Appeal No. 2673 | Suspension and Revocation Appeals Authority | 1/28/2008 | 1/28/2008 | | 11/27/2017 |
| Suspension and Revocation Appeals Authority | 2674 - KOVALESKI | UNITED ST A TES OF AMERICA
DEPARTMENT OF HOMELAND SECURITY
UNITED STA TES COAST GUARD
UNITED STATES OF AMERICA
UNITED STATES COAST GUARD
vs.
MERCHANT MARINER LICENSE
Issued to: JASON WAYNE KOY ALESKI
DECISION OF THE
VICE COMMANDANT
ON APPEAL
NO. 26 7 4:
This appeal is taken in accordance with 46 USC§ 7701 et seq., 46 CFR Part 5,
and the procedures in 33 CFR Part 20.
By a Decision and Order (hereinafter "D&O") dated February 8, 2006, an
Administrative Law Judge (hereinafter "ALJ") of the United States Coast Guard at
Houston, Texas, revoked the merchant mariner license of Mr. Jason W. Kovaleski
(hereinafter "Respondent") upon finding proved a charge of conviction for a dangerous
drug law violation.
The specification found proved alleged that Respondent was convicted of
"Possession of Drug Paraphernalia" on August 13, 2002, by a Florida court.
PROCEDURAL HISTORY
On April 26, 2005, the Coast Guard issued a complaint against Respondent
alleging conviction of a dangerous drug law in that Respondent was convicted on August
13, 2002, in Panama City, Florida, of "Possession of Drug Paraphernalia." [Complaint at
2] On May 12, 2005, Respondent filed an Answer to the complaint on which he indicated | Appeal No. 2674 | Suspension and Revocation Appeals Authority | 1/28/2008 | 1/28/2008 | | 11/27/2017 |
| Suspension and Revocation Appeals Authority | 2584 - SHAKESPEARE | U N I T E D S T A T E S O F A M E R IC A
DEPARTMENT OF TRANSPORTATION
UNITED STATES COAST GUARD
UNITED STATES OF AMERICA
UNITED STATES COAST GUARD
vs.
LICENSE NOS. 641035 AND R35012
Issued to David R. Shakespeare
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DECISION OF THE
COMMANDANT
ON APPEAL
NO. 2584
This appeal is taken in accordance with 46 U.S.C. § 7702 and 46 C.F.R. § 5.701.
By an order dated February 1, 1996, an Administrative Law Judge of the United States Coast Guard at
Jacksonville, Florida, revoked Appellants above captioned licenses, upon finding a charge of use of a
dangerous drug proved. The single specification supporting the charge alleged that appellant was, as
shown by a positive drug test, a user of marijuana.
Hearings were held in Savannah, Georgia, on December 29, 1995, and January 26, 1996. Appellant
appeared pro se and entered a response denying the charge and specification. The Coast Guard
Investigating Officer introduced into evidence the testimony of four witnesses and twelve exhibits.
Appellant introduced into evidence his own testimony and five exhibits.
The Administrative Law Judges Decision and Order (D&O) was served on Appellant on February 5,
1996. Appellant filed a timely notice of appeal on March 4, 1996 and perfected it on March 28, 1996. | Appeal No. 2584 | Suspension and Revocation Appeals Authority | 7/10/1997 | 7/10/1997 | | 11/27/2017 |
| Suspension and Revocation Appeals Authority | 2587 - Hudson | U N I T E D S T A T E S O F A M E R IC A
DEPARTMENT OF TRANSPORTATION
UNITED STATES COAST GUARD
UNITED STATES OF AMERICA
UNITED STATES COAST GUARD
vs.
LICENSE NO. 82831
Issued to Eric H. Hudson, Appellant
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DECISION OF THE
VICE COMMANDANT
ON APPEAL
NO. 2587
This appeal is taken in accordance with 46 U.S.C. § 7702 and 46 C.F.R. § 5.701.
By order dated February 22, 1995, an Administrative Law Judge of the United States Coast
Guard at St. Louis, Missouri, suspended Appellant’s license based upon finding proved two
specifications of violation of law or regulation. The first specification alleged that on June 12,
1993, while serving as operator of the M/V MISS KATE, Appellant failed to maintain a proper
lookout by all available means, in violation of 33 U.S.C. § 2005 (Rule 5 of the Inland Navigation
Rules). The second specification alleged that Appellant also failed to sound a danger signal in
violation of
33 U.S.C. § 2034 (Rule 34 of the Inland Navigation Rules). The Administrative Law Judge
dismissed one specification of negligence as vague, and likewise dismissed the charge. The
Administrative Law Judge also dismissed two other specifications of violation of law or
regulation upon finding them to be legally insufficient in accordance with 46 C.F.R. § 5.33.
The hearing was held and completed on November 17, 1993. Appellant, appearing pro se, entered
a response denying the charges and specifications. | Appeal No. 2587 | Suspension and Revocation Appeals Authority | 7/21/1997 | 7/21/1997 | | 11/27/2017 |
| Suspension and Revocation Appeals Authority | 2589 - MEYER | U N I T E D S T A T E S O F A M E R IC A
DEPARTMENT OF TRANSPORTATION
UNITED STATES COAST GUARD
UNITED STATES OF AMERICA
UNITED STATES COAST GUARD
vs.
LICENSE NO. 740972
AND
MERCHANT MARINER’S
DOCUMENT NO. [REDACTED]
Issued to Kenneth E. Meyer
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DECISION OF THE
COMMANDANT
ON APPEAL
NO. 2589
This appeal is taken in accordance with 46 U.S.C. § 7702 and 46 C.F.R. § 5.701.
By an order dated February 26, 1996, an Administrative Law Judge of the United States Coast
Guard at Norfolk, Virginia, revoked Appellant’s above-captioned license and Merchant Mariner’s
Document upon finding a charge of use of a dangerous drug proved. The single specification
supporting the charge alleged that Appellant was, as shown by a positive drug test, a user of
marijuana.
The hearing was held in Norfolk, Virginia, on February 13, 1996. Appellant appeared pro se and
entered a response denying the charge and specification. The Coast Guard Investigating Officer
introduced into evidence the testimony of four witnesses and nine exhibits. Appellant introduced
into evidence his own testimony. | Appeal No. 2589 | Suspension and Revocation Appeals Authority | 8/5/1997 | 8/5/1997 | | 11/27/2017 |
| Suspension and Revocation Appeals Authority | 2588 - LASORSA | U N I T E D S T A T E S O F A M E R IC A
DEPARTMENT OF TRANSPORTATION
UNITED STATES COAST GUARD
UNITED STATES OF AMERICA
UNITED STATES COAST GUARD
vs.
LICENSE NO. 694718
Issued to Steven J. Lasorsa
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DECISION OF THE
VICE COMMANDANT
ON APPEAL
NO. 2588
This appeal is taken in accordance with 46 U.S.C. § 7702 and 46 C.F.R. § 5.701.
By order dated February 5, 1996, an Administrative Law Judge of the United States Coast Guard at
Norfolk, Virginia, suspended Appellants license based upon finding proved a charge of negligence and a
charge of violation of law or regulation. The single specification supporting the charge of negligence
alleged that Appellant failed to adequately navigate the M/V GRANITE STATE (O.N. 646798) while
mooring, causing the vessel to allide with a moored barge. The specification supporting the charge of
violation of law or regulation alleged that Appellant failed to give notice to the Coast Guard of the hull
damage which materially and adversely affected the seaworthiness of the M/V GRANITE STATE.
Hearings were held in Portland, Maine, on October 25, 1995, and December 5, 1995. Appellant was
represented by counsel and entered a response denying both charges and specifications. The
Administrative Law Judge introduced into evidence one exhibit. The Investigating Officer introduced
into evidence eight exhibits and the testimony of five witnesses. Appellant introduced into evidence four
exhibits, his own testimony and the testimony of one other witness. | Appeal No. 2588 | Suspension and Revocation Appeals Authority | 8/13/1997 | 8/13/1997 | | 11/27/2017 |
| Suspension and Revocation Appeals Authority | 2580 - ADAMS | U N I T E D S T A T E S O F A M E R I C A
DEPARTMENT OF TRANSPORTATION
UNITED STATES COAST GUARD
UNITED STATES OF AMERICA
UNITED STATES COAST GUARD
vs.
MERCHANT MARINER'S LICENSE
NO. 729532
AND
MERCHANT MARINER'S DOCUMENT
NO. [REDACTED]
Issued to: ERVIN ADAMS, Appellant
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DECISION OF THE
VICE COMMANDANT
ON APPEAL
NO. 2580
This appeal is taken in accordance with 46 U.S.C. oe 7702 and 46 C.F.R. oe 5.701.
By an order dated September 28, 1994, an Administrative Law Judge of the United States Coast
Guard at Norfolk, Virginia suspended Appellant's license and merchant mariner's document for
six months, upon finding proved a charge of misconduct. Two specifications supporting the
misconduct charge were found proved. One specification alleged that appellant failed to perform
the required duties of a deck watch officer in leaving the ship's Global Positioning System (GPS)
receiver in the "locked" position instead of in the tracking mode. The other specification alleged
that appellant, after being re-instructed on the operation of the GPS, acted wrongfully and
responded to the master in such a belligerent, agitated and irrational manner as to require
relieving appellant of his watchstanding duties. One specification of misconduct was dismissed
during a hearing on July 6, 1994. Two other specifications under misconduct, and a charge of
incompetence and its supporting specification, were found not proved by the Administrative Law
Judge.
Hearings were held in Baltimore, MD, on April 20, 1994, and in Philadelphia, PA, on July 6,
1994. The Decision and Order with the findings noted above was served on appellant on September 13, 1994. Appellant filed a timely notice of appeal on | Appeal No. 2580 | Suspension and Revocation Appeals Authority | 11/27/1996 | 11/27/1996 | | 11/27/2017 |
| Suspension and Revocation Appeals Authority | 2583 - WRIGHT | U N I T E D S T A T E S O F A M E R I C A
DEPARTMENT OF TRANSPORTATION
UNITED STATES COAST GUARD
UNITED STATES OF AMERICA
UNITED STATES COAST GUARD
vs.
MERCHANT MARINER’S LICENSE
NO. 648313
AND
MERCHANT MARINER'S DOCUMENT
NO. [redacted] (OLD Z 58942)
Issued to: William E. Wright, Appellant
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DECISION OF THE
COMMANDANT
ON APPEAL
NO. 2583
This appeal is taken in accordance with 46 U.S.C. § 7702 and 46 C.F.R. § 5.701.
By an order dated April 10, 1995, an Administrative Law Judge of the United States Coast Guard
at Norfolk, Virginia, revoked Appellant's merchant mariner’s license, upon finding a charge of
use of a dangerous drug proved. The single specification supporting the charge alleged that
appellant was, as shown by a positive drug test, a user of a dangerous drug, to wit; Marijuana.
Hearings were held in New York, New York on October 24, 1994, and January 10, 1995.
Appellant was represented by counsel and entered a response denying the charge and
specification. The Coast Guard Investigating Officer introduced into evidence the testimony of
five witnesses and three exhibits. Appellant’s counsel introduced into evidence the testimony of
three witnesses and eleven exhibits. The Administrative Law Judge introduced six exhibits into
evidence on his own motion. | Appeal No. 2583 | Suspension and Revocation Appeals Authority | 7/7/1997 | 7/7/1997 | | 11/27/2017 |
| Suspension and Revocation Appeals Authority | 2581 - DRIGGERS | U N I T E D S T A T E S O F A M E R I C A
DEPARTMENT OF TRANSPORTATION
UNITED STATES COAST GUARD
UNITED STATES OF AMERICA
UNITED STATES COAST GUARD
vs.
LICENSE NO. 80607
Issued to: Bruce Driggers, Appellant
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DECISION OF THE
VICE COMMANDANT
ON APPEAL
NO. 2581
This appeal is taken in accordance with 46 U.S.C. 7702 and 46 C.F.R. 5.701.
By order dated February 17, 1995, an Administrative Law Judge of the United States Coast Guard at St.
Louis, Missouri, suspended Appellant's license based upon finding proved the charge of violation of law
or regulation. The single specification supporting the charge alleged that on June 12, 1993, while
serving as operator of the M/V MARGARET BRENT, Appellant failed to maintain a proper lookout by
all available means, in violation of 33 C.F.R. Part 81, Appendix A.
The hearing began on December 14, 1993, and was held for four consecutive days at Davenport, Iowa.
Appellant was represented by professional counsel and entered a response denying the charge and
specification.
The Coast Guard Investigating Officer introduced into evidence 19 exhibits and the testimony of eight
witnesses. In defense, Appellant offered into evidence 19 exhibits and the testimony of seven witnesses,
including himself. The Administrative Law Judge entered one exhibit into evidence. | Appeal No. 2581 | Suspension and Revocation Appeals Authority | 12/31/1996 | 12/31/1996 | | 11/27/2017 |
| Suspension and Revocation Appeals Authority | 2586 - GREEN | U N I T E D S T A T E S O F A M E R I C A
DEPARTMENT OF TRANSPORTATION
UNITED STATES COAST GUARD
UNITED STATES OF AMERICA
UNITED STATES COAST GUARD
vs.
LICENSE NO. 625896
Issued to: Scott R. Green, Appellant
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DECISION OF THE
VICE COMMANDANT
ON APPEAL
NO. 2586
This appeal has been taken in accordance with 46 U.S.C. § 7702 and 46 C.F.R. § 5.701.
By order dated March 13, 1995, an Administrative Law Judge of the United States Coast Guard at
Jacksonville, Florida, suspended Appellants license for four months based upon finding proved a charge
of negligence. The single specification supporting the charge alleged that on or about September 23,
1993, Appellant failed to heed navigation information and negligently grounded his vessel and tow in
the Intracoastal Waterway (ICW), near North Miami, Florida.
The hearing was held at Miami, Florida, on May 24, 1994. Appellant was represented by professional
counsel and entered a response denying the charge and the specification. The hearing was continued on
September 2, 1994, and December 22, 1994.
During the hearings, the Coast Guard Investigating Officer introduced into evidence 17 exhibits and the
testimony of two witnesses. Appellant testified on his own behalf and offered 20 exhibits and the
testimony of four witnesses. The Administrative Law Judge entered five exhibits into the record.
At the end of the hearing on December 22, 1994, the Administrative Law Judge gave the parties the
opportunity to submit proposed findings of fact, conclusions of law, and closing arguments. The
submissions provided by each party were added to the record. On March 3, 1995, the Administrative
Law Judge informed both parties that he found the Coast Guards case proved and requested submission
of Appellants prior record from the Coast Guard and any evidence in mitigation from the Appellant. | Appeal No. 2586 | Suspension and Revocation Appeals Authority | 7/21/1997 | 7/21/1997 | | 11/27/2017 |
| Suspension and Revocation Appeals Authority | 2585 - COULON | U N I T E D S T A T E S O F A M E R I C A
DEPARTMENT OF TRANSPORTATION
UNITED STATES COAST GUARD
UNITED STATES OF AMERICA
UNITED STATES COAST GUARD
vs.
License No. 601260
Issued to: JOHN F. COULON, Appellant.
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DECISION OF THE
VICE COMMANDANT
ON APPEAL
NO. 2585
This appeal is taken in accordance with 46 U.S.C. § 7702 and 46 C.F.R. § 5.701.
By order dated July 6, 1993, an Administrative Law Judge of the United States Coast Guard at
New Orleans, Louisiana, suspended Appellant’s license for three months, based upon finding
proved, a charge of negligence. The single specification supporting the charge alleged that, while
serving as Captain aboard the M/V EARLY BIRD on August 23, 1992, the Appellant negligently
moored to a Conoco oil and gas platform by failing to adhere to the posted sign indicating not to
tie up to the platform.
The hearing was held at New Orleans, Louisiana, on December 15, 1992, January 13, 1993, and
March 2, 1993. Appellant was represented at the hearing by professional counsel. At the hearing,
Appellant entered an answer of "deny" to the specification and the charge. The investigating
officer introduced four exhibits and the testimony of two witnesses into evidence. In defense, the
Appellant offered into evidence seven exhibits, the testimony of three witnesses and his own
testimony.
After the hearing, the Administrative Law Judge concluded that the charge and specification were
proved. He served a written order on Appellant suspending the captioned license, and all other
licenses issued to the Appellant by the Coast Guard for a period of three months. The entire
decision was served on July 6, 1993. Appeal was timely filed. | Appeal No. 2585 | Suspension and Revocation Appeals Authority | 7/21/1997 | 7/21/1997 | | 11/27/2017 |
| Suspension and Revocation Appeals Authority | 2582 - SKINNER | U N I T E D S T A T E S O F A M E R I C A
DEPARTMENT OF TRANSPORTATION
UNITED STATES COAST GUARD
UNITED STATES OF AMERICA
UNITED STATES COAST GUARD
vs
LICENSE NO. 710272
Issued to: Mark R. Skinner, Appellant
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DECISION OF THE
VICE COMMANDANT
ON APPEAL
NO. 2582
This appeal is taken in accordance with 46 U.S.C. § 7702 and 46 C.F.R. § 5.701.
By order dated June 15, 1995, an Administrative Law Judge of the United States Coast Guard at
New Orleans, Louisiana, suspended Appellant's merchant mariner’s license for one month, upon
finding a charge of violation of law proved. The single specification supporting the charge was
found proved. The specification alleged that appellant, while serving under the authority of his
license, violated 46 U.S.C. § 8902 in allowing an unlicensed member of his crew to operate the
small passenger vessel, M/V BONNE AMIE.
Hearings were held in Mobile, Alabama on January 27, February 24, and May 12, 1995.
Appellant was represented by lawyer counsel and entered a response denying the charge and
specification. The Coast Guard Investigating Officer introduced into evidence the testimony of
three witnesses who were residents of and testified telephonically from Memphis, TN. The
Investigating Officer also introduced three exhibits into evidence. Appellant’s counsel, who was
also appellant’s father and owner of the vessel, testified as to the configuration of the vessel.
Appellant introduced two exhibits.
The Administrative Law Judge issued a written Decision and Order (D&O) on June 15, 1995. It
found the charge and supporting specifications proved, and suspended Appellant’s license for one
month outright with two months suspension on twelve months probation. The Decision and Order
were served on Appellant on June 19, 1995. Appellant filed a timely notice of appeal on July 6,
1995, and, after an extension, perfected it on November 20, 1995. | Appeal No. 2582 | Suspension and Revocation Appeals Authority | 5/5/1997 | 5/5/1997 | | 11/27/2017 |
| Suspension and Revocation Appeals Authority | 2276 - LUDLUM | This review 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 4 October 1977, an Administrative Law Judge of
the United States Coast Guard at Norfolk, Virginia, suspended
Appellant's license for one month on twelve months' probation upon
finding hin guilty of neglignece after a hearing held at
Wilmington, North Carolina. The specification found proved alleges
that while serving as pilot of M/V TORRENT under authority of the
license above captioned, on or about 23 August 1976, Appellant
wrongfully failed to sound a danger signal upon meeting SS EASTERN
SUN near buoy 50, on the Cape Fear River, thereby contributing to
a collision between his vessel and SS EASTERN SUN.
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, the deposition of another witness, and several
documents. | Appeal No. 2276 | Suspension and Revocation Appeals Authority | 6/1/1982 | 6/1/1982 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2240 - PALMER | This review has been taken in accordance with Title 46 United
States Code 239(g) and 46 CFR 5.30-1.
By order dated 22 April 1980, an Administrative Law Judge of
the United States Coast Guard at San Francisco, California, revoked
Appellant's seaman's documents upon finding him guilty of
misconduct. The specification found proved alleges that while
serving as Able Seaman on board S.S. THOMAS JEFFERSON under
authority of the document above captioned, on or about 21 February
1980, Appellant did, while the vessel was in the port of Rotterdam,
wrongfully assault and batter with a bottle a shipmate, Erick H.
Sorensen, AB, Z-[REDACTED]-DI.
The hearing was held at San Francisco on 21 April 1980.
Appellant failed to appear at the hearing. A plea of not
guilty to the charge and specification was entered in his behalf in
accordance with 46 CFR 5.20-75, and the hearing proceeded in
absentia.
The Investigating Officer introduced in evidence four
exhibits. | Appeal No. 2240 | Suspension and Revocation Appeals Authority | 4/1/1981 | 4/1/1981 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2248 - FREEMAN | This review has been taken in accordance with Title 46 United
States Code 239(g) and 46 CFR 5.30-1.
By order dated 19 June 1980, an Administrative Law Judge of
the United States Coast Guard at New Orleans, Louisiana, suspended
Appellant's seaman's documents for three months, plus three months
on twelve months' probation, upon finding him guilty of misconduct.
The specification found proved alleged that while serving as
operator/person-in-charge on board M/V IKE D and tow, under
authority of the license above captioned, on or about 17 January
1980, Appellant, while navigating the Mississippi River near New
Orleans, La., above the Huey P. Long Bridge, in darkness between
the hours of sunset and sunrise, wrongfully failed to show the
required navigation lights on his towing vessel and the barge in
tow.
The hearing was held at New Orleans, La., on 21 February, 11
and 25 March, 1 and 29 April, 8 May, 16 June, and 2 July 1980.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification. | Appeal No. 2248 | Suspension and Revocation Appeals Authority | 6/8/1981 | 6/8/1981 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2437 - SMITH | This review has been taken in accordance with 46 U.S.C. 7702 and
46 CFR Part 5, Subpart K.
By order dated 25 June 1985, an Administrative Law Judge of the
United States Coast Guard at St. Louis, Missouri, suspended
Respondent's license for three months on twelve months probation upon
finding proved the charge of negligence. The specification found
proved alleges that Respondent, while serving as Operator aboard the
M/V STEEL CHALLENGER, under the authority of the captioned document,
on or about 15 January 1985, failed to maintain adequate control of
his vessel and tow thereby allowing the tow to allide with the
Greenville Highway Bridge at Mile 531.3, Lower Mississippi River.
That order was appealed. On appeal, the Vice Commandant issued
an order in which he set aside the finding of the Administrative Law
Judge as to the charge of negligence, vacated the order suspending
Respondent's license, and remanded the case to the Administrative Law
Judge for further proceedings. Appeal Decision 2437 (SMITH).
On remand, the Administrative Law Judge reopened the hearing.
The reopened hearing was held at Memphis, Tennessee, on 3 March 1987. | Appeal No. 2437 | Suspension and Revocation Appeals Authority | 11/25/1987 | 11/25/1987 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2549 - LEVENE | This request for issuance of a temporary license has been
accepted and reviewed in accordance with 46 United States Code
(U.S.C.) 7703 and 46 Code of Federal Regulations (C.F.R.)
5.707.
BACKGROUND
By order dated September 25, 1992, an Administrative Law
Judge of the United States Coast Guard at New York, New York
revoked Appellant's seaman's documents upon finding proved the
charges of misconduct and violation of law. The misconduct This request for issuance of a temporary license has been
accepted and reviewed in accordance with 46 United States Code
(U.S.C.) 7703 and 46 Code of Federal Regulations (C.F.R.)
5.707.
BACKGROUND
By order dated September 25, 1992, an Administrative Law
Judge of the United States Coast Guard at New York, New York
revoked Appellant's seaman's documents upon finding proved the
charges of misconduct and violation of law. The misconduct | Appeal No. 2549 | Suspension and Revocation Appeals Authority | 4/13/1993 | 4/13/1993 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2467 - TOMBARI | This request for issuance of a temporary license has been
accepted and reviewed in accordance with 46 U.S.C. SS7701 and 46
CFR SS5.701.
By order dated 4 November 1987, an Administrative Law Judge
of the United States Coast Guard at New York, New York, suspended
outright Appellant's license for twelve months and for a further
twelve months on probation upon finding proved a charge of
negligence. The negligence charge was supported by a single
specification which alleged that Appellant, while serving as
Chief Engineer aboard the R/V ENDEAVOR on or about 11 August
1986, negligently failed to ensure that safety precautions, such
as (1) that the connections were in fact completed at the
connection box aboard the vessel; (2) that shore power was
available as indicated at the distribution panel; (3) that the
connections at the shore side connection box were properly
completed; (4) that communications between the [Appellant] and
his subordinates verified that the ship was ready to receive
shore power; (5) that the subordinate engineers aboard the vessel
were aware that the evolution was about to take place; the
evolution specifically being the shifting of ship's power to shore power, were taken prior to directing the shifting of the
electrical load from the ship's power to shore power, which
resulted in the death of Miss Alison Rollins, who was serving as
an engineer aboard the R/V ENDEAVOR on the day in question. | Appeal No. 2467 | Suspension and Revocation Appeals Authority | 7/12/1988 | 7/12/1988 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2469 - VETTER | This request for issuance of a temporary license has been
accepted and reviewed in accordance with 46 U.S.C. 7701 and 46 CFR
5.707.
By order dated 22 March 1988, an Administrative Law Judge of
the United States Coast Guard at Long Beach, California, revoked
Appellant's license and document upon finding proved a charge of
misconduct. The misconduct charge was supported by four
specifications which alleged that Appellant, while serving as Third
Assistant Engineer aboard the S/S OVERSEAS CHICAGO on or about 3
February 1988, (1) wrongfully returned from shore leave
approximately one half hour prior to his scheduled watch in an
intoxicated condition; (2) wrongfully assaulted and battered the
Master, Cecil Smith by striking him with his fist and kicking him;
(3) wrongfully created a disturbance by using foul and abusive
language toward the Master, Cecil Smith; and (4) wrongfully
assaulted and battered the Chief Mate, William Miller by kicking
him.
On 20 April 1988, Appellant filed a notice of appeal and
requested that the Order of the Administrative Law Judge be stayed
pending appeal or that a temporary license pending appeal be
issued. On 21 April 1988, the Administrative Law Judge denied
Appellant's request for a temporary license. On 23 May 1988,
Appellant filed a notice of appeal from the denial of his request
for a stay in this matter or the issuance of a temporary license.
Appellant has not filed a brief in support of his notice of appeal. | Appeal No. 2469 | Suspension and Revocation Appeals Authority | 8/2/1988 | 8/2/1988 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2488 - PATTON | This petition has been taken in accordance with 46 U.S.C.
7701 and 46 C.F.R. Part 5, Subpart I.
By his order dated 10 June 1988, an Administrative Law Judge
of the United States Coast Guard at Philadelphia, Pennsylvania,
suspended Appellant's license and document for a period of three
months, remitted on six months probation upon finding proved the
charge of misconduct. The specification supporting the charge of
misconduct alleged that Appellant, while serving under the
authority of his above-captioned license and document, aboard the
T/V CHEMICAL PIONEER, did, on 3 December 1987, wrongfully direct
and control said vessel, which was engaged in a coastwise voyage.
Subsequent to the Administrative Law Judge's Decision and Order,
the Appellant filed a notice of appeal on 21 July 1988. Subsequent
to the hearing, Appellant received evidence from the U.S. Coast
Guard (a copy of correspondence from Chief, Regional Examination
Center, Marine Safety Office, Baltimore, MD., on the subject of
docking masters and pilotage requirements) which was not available
at the time of the hearing. Consequently, on 23 November 1988,
Appellant filed a petition to reopen the hearing on the basis of
the newly discovered evidence, pursuant to 46 C.F.R. 5.603. This
was supplemented by a letter dated 20 January 1989.
Appearance: Timothy D. Persons, Esq., Krusen Evans & Byrne,
Suite 1100, Curtis Center, Independence Square West, Sixth & Walnut
Streets, Philadelphia, PA 19106, [REDACTED]. | Appeal No. 2488 | Suspension and Revocation Appeals Authority | 7/17/1989 | 7/17/1989 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2534 - AILSWORTH | This motion for a stay of the order of the Vice Commandant in
Appeal Decision 2532 (AILSWORTH) has been taken
pursuant to 46 C.F.R. 5.715.
BACKGROUND
Appellant's license was suspended by an Administrative Law
Judge at Norfolk, Virginia by decisions dated 22 January 1990 and
8 February 1990 and an errata order dated 15 February 1990.
Appellant was charged with negligence in failing to control the
movement of his towing vessel, M/V MILDRED A. and tow, resulting
in an allision with a pier. Appellant was also charged with misconduct in failing to become familiar with his vessel's
characteristics as required in 46 C.F.R. 15.405. Both charges
were found proved and Appellant's license was suspended outright
for twelve months.
Appellant requested issuance of a temporary license pending
appeal to the Vice Commandant. This request was improperly
denied by the Administrative Law Judge. By an order of 3 May
1990, the Vice Commandant vacated the Administrative Law Judge's
denial, instructing that Appellant be issued a temporary license.
See, Appeal Decision 2499 (AILSWORTH).
Appellant subsequently appealed the Administrative Law
Judge's decision and order suspending his license outright for
twelve months. Upon review, the Vice Commandant affirmed the
decision and order of the Administrative Law Judge on 2 December
1991. See, Appeal Decision 2532 (AILSWORTH). | Appeal No. 2534 | Suspension and Revocation Appeals Authority | 2/5/1991 | 2/5/1991 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 1598 - RAMOS | This matter has been submitted for reconsideration of the two
months outright suspension plus two months on twelve months
probation adopted by my order of 20 January 1967 as a result of my
affirmation of the Examiner's findings that the Appellant
wrongfully had in his possession a switchblade knife and wrongfully
attempted to smuggle liquor into the United States while serving as
chief reefer engineer on the United States SS SANTA PAULA on 25 March 1966.
Appellant's counsel requests a modification of the order based
on the Appellant's long record of service, past good conduct and
the fact that he has already suffered considerable financial
hardship resulting from the above incident. Upon reconsideration
it has been determined that these factors should be given more
significance. Accordingly, the order has been modified. | Appeal No. 1598 | Suspension and Revocation Appeals Authority | 1/20/1967 | 1/20/1967 | | 12/28/2017 |
| Suspension and Revocation Appeals Authority | 2146 - AUNE | This decision is entered in accordance with Title 46 United
States Code 239 (g) and Title 46 Code of Federal Regulations 5.30-3
(b).
By order dated 12 August 1977, an Administrative Law Judge of
the United States Coast Guard at New York, N.Y., suspended
Appellant's seaman's documents for two months on nine months'
probation upon finding him guilty of misconduct. The specification
found proved alleges that while serving as master of the United
States SS FRANCIS S. BUSHEY under authority of the license above
captioned, on or about 10 December 1976, Appellant did wrongfully
sail the vessel from Yorktown, Virginia, to New York, N.Y., in
violation of "your" Certificate of Inspection; to wit, sailing
without the proper complement of officers and crew. (46 U.S.C.
222).
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 several
documents and the testimony of three witnesses. | Appeal No. 2146 | Suspension and Revocation Appeals Authority | 1/8/1979 | 1/8/1979 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2483 - TOMBARI | This application for an award of fees and expenses under the
Equal Access to Justice Act has been received and reviewed in
accordance with 5 U.S.C. 504 and 49 CFR Part 6.
On 29 January 1988, Appellant requested that the Commandant
issue a temporary license as a Chief Engineer with prior
endorsements pending appeal of the Decision & Order of the
Administrative Law Judge in the suspension and revocation
proceeding. On 12 July 1988, the Vice Commandant denied
Appellant's request for a temporary license. See Appeal
Decision 2467 (TOMBARI).
By order dated 30 November 1988, the National Transportation
Safety Board reversed the decision of the Vice-Commandant denying
the issuance of a temporary license to the Appellant. See
Commandant v. Tombari, NTSB Order No. EM-150 (1988). On 22
February 1989, Appellant applied for attorney's fees and other
expenses under the Equal Access to Justice Act (5 U.S.C. 504)
incurred in connection with his appeal from the decision of the
Vice Commandant denying Appellant's application for a temporary
license. | Appeal No. 2483 | Suspension and Revocation Appeals Authority | 4/14/1989 | 4/14/1989 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2352 - IAUKEA | This appeal was taken in accordance with Title 46, United
States Code 239(g) and 46 CFR 5.30-1.
By order dated 25 August 1982, and Administrative Law Judge of
the United States Coast Guard at Seattle, Washington suspended
Appellant's seaman's license for six months on twelve months'
probation, upon finding him guilty of "inattention to duty". The
specification found proved alleges that while serving as Chief Mate
on board the United States M/V CATHLAMET under authority of the
license above captioned, Appellant did on or about 0545, 21 April
1982 while said vessel was at the Mukilteo Ferry Terminal,
Mukilteo, Washington, wrongfully fail to perform assigned duties on
the vessel's car deck during unloading operations.
The hearing was held at Seattle, Washington on 22 June 23,
June, 29, June, 30 June, 1 July and 2 July 1982.
At the hearing Appellant was represented by professional counsel
and entered a plea of not guilty to the charge and specification. | Appeal No. 2352 | Suspension and Revocation Appeals Authority | 5/22/1984 | 5/22/1984 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2203 - WEST | This appeal was taken in accordance with Title 46 United
States Code 239b and Title 46 Code of Federal Regulations 5.30-1.
By order dated 5 October 1978, an Administrative Law Judge of
the United States Coast Guard at Norfolk, Virginia, after a hearing
at Norfolk on the same date, revoked Appellant's license and
document upon finding him guilty of conviction for a narcotic drug
law violation. The specification found proved alleged that
Appellant was convicted on 9 September 1974, in the U. S. District
Court for the Eastern District of Virginia, a court of record, of
distribution of narcotics, to wit: heroin.
At the hearing Appellant was represented by professional
counsel. Appellant entered a plea of guilty to the charge and
specification.
The Investigating Officer introduced into evidence two
documents.
Appellant offered his own testimony and character evidence
consisting of 23 documents.
At the hearing on 5 October 1978, the Administrative Law
Judge, entered the order of revocation, after determining on the
record that the charge and specification as alleged had been
proved. A written decision was served 10 October 1978. Appeal was timely filed 16 October 1978. | Appeal No. 2203 | Suspension and Revocation Appeals Authority | 5/6/1980 | 5/6/1980 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2287 - RICKER | This appeal was taken in accordance with Title 46 United
States Code 239(g)dated 28 January 1982, an Administrative Law
Judge of the United States Coast Guard at Boston, Massachusetts
suspended Appellant's license no. 526748 for one month, on six
month, on six months' probation, upon finding him guilty of
misconduct and negligence. The specification of misconduct found
proved alleges that, while serving as person in charge on board the
United States T/V VINCENT TIBBETTS under authority of the license
above captioned, on or about 29 September 1981, Appellant
wrongfully failed to sign the declaration of inspection while in
charge of loading operations aboard the vessel as required by 33
CFR 156.150(a). The specification of negligence found proved
alleges that, at the same time and place he negligently failed to
ensure that the #4 port cargo tank loading valve was closed upon
completion of the loading of that tank allowing the tank to
overflow and discharge oil in a hazardous amount into the Fore
River, a navigable water of the United States.
The hearing was held at Portland, Maine on 20 October 1981
from 1000 to 1512 and on 18 November 1981 from 1002 to 1258.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and each
specification. | Appeal No. 2287 | Suspension and Revocation Appeals Authority | 12/15/1982 | 12/15/1982 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2285 - PAQUIN | This appeal was taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 29 April 1982, an Administrative Law Judge of
the United States Coast Guard at St. Ignace, Michigan 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 alleged that while holding the document
above captioned, on or about 23 March 1982, Appellant was convicted
by the 92nd District Court, State of Michigan, a court of record,
at the Mackinac County Court House, St. Ignace, Michigan, for
possession of marijuana.
The hearing was held at St. Ignace, Michigan on 29 April 1982.
At the hearing elected to act as his own counsel and entered a plea
of not guilty to the charge and to the specification.
The Investigating Officer introduced in evidence the Affidavit
of Service of the charge sheet, the Judgement of Sentence signed by
District Judge Robert A. Wood, 92nd District Court, State of
Michigan, dated March 23, 1982, and a letter which indicated that, according to Coast Guard files, Appellant had no prior disciplinary
record. | Appeal No. 2285 | Suspension and Revocation Appeals Authority | 10/8/1982 | 10/8/1982 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2250 - HADWARI | This appeal was taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 25 April 1978, an Administrative Law Judge of
the United States Coast Guard at New York, New York, after a
hearing on several dates between 21 March and 6 April 1978,
suspended. Appellant's document for a period of three months on
probation of twelve months upon finding him guilty of misconduct.
The two specifications of the charge of misconduct found proved
allege (1) that Appellant, while serving as ordinary seaman aboard
SS AMERICAN AQUARIUS, under authority of the captioned document,
did, on or about 22 January 1978, while said vessel was in the
foreign port of Yokohoma, Japan, wrongfully fails to obey a lawful
order of the Third Officer, to wit, go below; (2) that Appellant,
while serving as aforesaid, did, on or about 22 January 1978, while
said vessel was leaving the foreign port of Yokohoma, Japan,
wrongfully direct obscene and abusive language at the Chief
Officer.
At the hearings Appellant was represented by professional
counsel. Appellant entered a plea of not guilty to the charge and
specifications. | Appeal No. 2250 | Suspension and Revocation Appeals Authority | 6/8/1981 | 6/8/1981 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2309 - CONEN | This appeal was taken in accordance with Title 46 United
States Code 239(g) and 46 CFR 5.30-1.
By order dated 7 July 1981, an Administrative Law Judge of the
United States Coast Guard at New York, New York, suspended
Appellant's seaman's document for three months, plus three months
on twelve months' probation, upon finding him guilty of misconduct.
The specifications found proved alleged that: (1) while serving
as Electrician on board the SS MORMACSEA under authority of the
document above captioned, Appellant did on or about 1700-1800, 10
December 1980, while the said vessel was in the port of East
London, South Africa, wrongfully disobey a lawful order of the
Chief Engineer by absenting himself from the vessel when instructed
to remain on board; and (2) while serving as aforesaid did on or
about 0900-1830, 14 December 1980, while the vessel was in Cape
Town, South Africa, wrongfully fail to perform assigned duties.
The hearing was held at New York, New York on 3,10,20 and 27
February 1981.
At the hearing, Appellant elected to act as his own counsel
and entered a plea of not guilty to the charge and each specification.
The Investigating Officer introduced in evidence the testimony
of two witnesses and four exhibits.
In defense, Appellant offered in evidence nine exhibits and
the testimony of one witness. | Appeal No. 2309 | Suspension and Revocation Appeals Authority | 5/12/1983 | 5/12/1983 | | 12/20/2017 |