| Suspension and Revocation Appeals Authority | 2311 - STRUDWICK | This appeal has been take in accordance with 46 CFR 5.30-15.
By order dated 9 February 1983, an Administrative Law Judge of
the United States Coast Guard at Miami, Florida revoked Appellant's
mariner's license upon finding proved the charge of "conviction for
a narcotic drug law violation." Also on 9 February 1983 Appellant
filed a Notice of Appeal from the Order of the Administrative Law
Judge and a request for a temporary license. The Administrative
Law Judge denied the request by his order of 15 February 1983.
BASES OF APPEAL
This appeal has been taken from the order of the
Administrative Law Judge denying a temporary license. It is urged
that the denial was erroneously based on a regulation existing in
1957 which no longer exists and a decision based on that regulation
instead of on the current regulations. | Appeal No. 2311 | Suspension and Revocation Appeals Authority | 5/17/1983 | 5/17/1983 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2312 - HITT III | This appeal has been taken in accordance with 5 U.S.C. 504 and
49 CFR Part 6.
By order dated 21 July 1982, an Administrative Law Judge of
the United States Coast Guard at Norfolk, Virginia denied
Appellant's application for attorney's fees and expenses incurred
as a result of defending himself against a charge of misconduct
brought by the Coast Guard against his Operator's license. One
specification supported the charge of misconduct. It was alleged
that, while serving as Operator aboard tug LARK, under authority of
the license above captioned, on or about 0650 on 11 April 1982,
while transiting the Nanticoke River Entrance, Appellant wrongfully
failed to perform his duties by leaving the tug bridge without
proper relief. Appellant pled guilty to a concurrently filed
negligence charge.
The hearing was held at Norfolk, Virginia on 11 May 1982. At
the conclusion of the hearing, the Administrative Law Judge
rendered an order in which he dismissed the misconduct charge and
specification. | Appeal No. 2312 | Suspension and Revocation Appeals Authority | 5/22/1983 | 5/22/1983 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2313 - STAPLES | This appeal has ben taken in accordance with Title 46 U.S.C.
239(g) and 46 CFR 5.30-1.
By order dated 3 December 1981, an Administrative Law Judge of
the United States Coast Guard at Boston, Massachusetts revoked
Appellant's seaman's document upon finding him guilty of
misconduct. The specifications found proved allege that, while
serving as Second Pumpman on board the SS GULF OIL, O.N. 283424,
under authority of the above captioned Merchant Mariner's Document,
on or about 12 October 1981, Appellant did wrongfully assault and
batter by beating with fists, a member of the crew, the Chief
Engineer, Richard J. Driscoll; and, that Appellant, while serving
as aforesaid, did wrongfully assault the Third Assistant Engineer,
David W. Thunell by brandishing a fire axe and a pocketknife in a
threatening manner and offering to inflict bodily harm.
The hearing was held at Boston, Massachusetts on 3 December
1981.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and both specifications.
The Investigating Officer introduced two documents and the
testimony of two witnesses into evidence.
In defense, Appellant introduced seven documents and his own
testimony into evidence. | Appeal No. 2313 | Suspension and Revocation Appeals Authority | 5/22/1983 | 5/22/1983 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2314 - CREWS | This appeal has been taken in accordance with Title 46 U.S.C.
239(g) and 46 CFR 5.30-1.
By order dated 23 April 1981, an Administrative Law Judge of
the United States Coast Guard at Jacksonville, Florida, revoked
Appellant's document, upon finding him guilty of misconduct. One
specification found proved alleged that while serving as Bosun on
board the SS SANTA LUCIA under authority of the document above
captioned, on or about 2 November 1980, Appellant wrongfully
assaulted and battered a fellow crewmember by striking him in the
face with his fist. A second specification found proved alleged a
simple assault on 3 November 1980 on another crewmember.
Additionally found proved are four specifications of either
wrongful absence or wrongful failure to perform duties, none of
which exceeds one day in duration, between 23 October 1980 and 2
January 1981.
The hearing, in four sessions, was held at New York, New York
on 12 January and 16 January 1981 and at Jacksonville, Florida on
30 January and 15 April 1981.
At the hearing, Appellant elected to act as his own counsel
and entered a plea of not guilty to the charge and to
specifications one through five and of guilty to specification six
alleging a wrongful failure to report for duty at 0800 and 1300, 2
January 1981 while the SS SANTA LUCIA was at anchor at Callao,
Peru. | Appeal No. 2314 | Suspension and Revocation Appeals Authority | 5/23/1983 | 5/23/1983 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2315 - FIFER | This appeal has been taken in accordance with 46 CFR 5.30-15.
By order dated 18 March 1983, an Administrative Law Judge of
the United States Coast Guard at Miami, Florida revoked Appellant's
mariner's license upon finding proved the charge of "conviction for
a narcotic drug law violation." On 17 March 1983 Appellant file a
Notice of Appeal from the Order of the Administrative Law Judge and
a request for a temporary license. The Administrative Law Judge
denied the request by his order of 24 March 1983.
BASES OF APPEAL
This appeal has been taken from the order of the
Administrative Law Judge denying a temporary license. It is urged
that Appellant's service on board a vessel is compatible with the
requirements for safety of life and property at sea and Appellant's
prior record justifies the issuance of a temporary license. I note
that these are the criteria for issuing a temporary license set
forth in 46 CFR 5.30-15 and that the Administrative Law Judge did
not address them in his denial. | Appeal No. 2315 | Suspension and Revocation Appeals Authority | 6/6/1983 | 6/6/1983 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2316 - MCNAUGHTON | This appeal has been taken in accordance with Title 46 U.S.C.
239(g) and 46 CFR 5.30-1.
By order dated 15 January 1981, an Administrative Law Judge of
the United States Coast Guard at Boston, Massachusetts admonished
Appellant upon finding him guilty of negligence. The specification
found proved alleged that while serving as master on board S.S. BAY
STATE under authority of the documents above captioned, on or about
29 July 1980, Appellant allowed said vessel to sail with
insufficient metacentric height to meet the requirements set forth
in the vessel's Trim and Stability Booklet.
The Hearing was held at Boston, Massachusetts on 21 October,
13 November, and 8 December 1980, and 6 January 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 8 exhibits
and the testimony of 2 witnesses including an expert on the
calculation of metacentric height.
In defense, Appellant offered in evidence 4 exhibits, his own
testimony, and the testimony of one other witness. | Appeal No. 2316 | Suspension and Revocation Appeals Authority | 8/31/1983 | 8/31/1983 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2317 - KONTOS | This appeal had been taken in accordance with Title 46
U.S.C.239(g) and 46 CFR 5.30-1.
By order dated 25 January 1982, an Administrative Law Judge of
the United States Coast Guard at Boston, Massachusetts revoked the
seaman's document of Appellant, upon finding him guilty of
misconduct. The specifications found proved allege that while
serving as an ordinary seaman aboard S/S LNG TAURUS under authority
of his document above captioned, Appellant did on 20 November 1981
while S/S LNG TAURUS was in the port of Arun, Indonesia: (1)
wrongfully fail to perform his duties by reason of intoxication;
(2) assault and batter by beating with his fists a member of the
crew, the Third Mate, Scott L. Ervin; (3) Assault and batter by
biting on the lower leg a member of the crew, the Cargo Control
Officer, William G. LANGELY; and (4) wrongfully damage the seawater
temperature gauge and a light fixture with a chair in the Cargo
Control Room.
On 25 November 1981 the charges were served and the hearing
was set for 13 January 1982. On 2 December 1981 Appellant
telephoned the Administrative Law Judge requesting an earlier
hearing sometime before Christmas. The Administrative Law Judge denied the request because the principal witnesses, were to be at
sea between Indonesia and Japan until January 1982. Appellant was
duly notified of this denial and the reasons for it by the
Administrative Law Judge.
The hearing was held in absentia at Boston, Massachusetts
on 13 January 1982. | Appeal No. 2317 | Suspension and Revocation Appeals Authority | 8/31/1983 | 8/31/1983 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2318 - STRUDWICK | This appeal has been taken in accordance with 46 CFR 5.30-15.
By order dated 9 February 1983, and Administrative Law Judge
of the United States Coast Guard at Miami, Florida revoked
Appellant's mariner's license upon finding proved the charge of
"conviction for a narcotic drug law violation." Also on 9 February
1983 Appellant filed a Notice of Appeal from the order of the
Administrative Law Judge and a request for a temporary license.
The Administrative Law Judge denied the request by his order of 15
February 1983. Decision on Appeal 2311 (STRUDWICK) of 17 May
1983 VACATED the Administrative Law Judge's order of 15 February
1983 and REMANDED the request for a temporary license for a new
decision. By his order of 24 May 1983 the Administrative Law Judge
again denied Appellant's request for a temporary license.
BASIS OF APPEAL
This appeal has been taken from the order of the
Administrative Law Judge of 24 May 1983 denying a temporary
license. Appellant urges that the denial was based on an erroneous
interpretation of 46 CFR 5.30-15(b) and 46 CFR 5.03-5(b)
prohibiting the issuance of temporary licenses and documents in cases involving those offenses listed in 46 CFR 5.03-5(b) as being
deemed to affect the safety of life and property at sea. | Appeal No. 2318 | Suspension and Revocation Appeals Authority | 8/31/1983 | 8/31/1983 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2319 - PAVELEC | This appeal has been taken in accordance with Title 46 U.S.C.
239(g) and 46 CFR 5.30-1.
By order dated 21 January 1982, an Administrative Law Judge of
the United States Coast Guard at Houston, Texas suspended
Appellant's license for one month, plus two months on nine months'
probation, upon finding him guilty of negligence. The
specification found proved alleges that while serving as Operator
on board the M/V CANDY STORE under authority of the license above
captioned, on or about 5 November 1981, Appellant failed to
maintain a proper lookout which contributed to the collision
between the M/V CANDY STORE and the F/V MISS LAVON.
The hearing was held at Port Arthur, Texas on 8 December 1981.
At the hearing, Appellant was represented by profesional
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 one exhibit. | Appeal No. 2319 | Suspension and Revocation Appeals Authority | 9/6/1983 | 9/6/1983 | | 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 | 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 | 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 | 2323 - PHILPOTT | This appeal had been taken in accordance with Title 46 U.S.C.
239(g) and 46 CFR 5.30-1.
By order dated 13 January 1983, an Administrative Law Judge of
the United States Coast Guard at Long Beach, California suspended
Appellant's seaman's document for six months, plus six months on
twelve months probation, upon finding him guilty of misconduct.
The specification found proved alleges that while serving as Wiper
on board the SS KEYSTONER under authority of the captioned
document, on or about 8 December 1982, Appellant, at the Port of
Houston, Texas had approximately ten grams of marijuana in his
possession.
The hearing was held at Houston, Texas and Long Beach,
California on 17 December 1982 and 13 January 1983.
At the hearing in Houston, Appellant was not present, but a
motion for change of venue to Long Beach, California was made on
his behalf and granted. At the hearing in Long Beach, Appellant
elected to act as his own counsel and entered a plea of guilty to
the charge and specification. | Appeal No. 2323 | Suspension and Revocation Appeals Authority | 9/13/1983 | 9/13/1983 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2324 - AMATAGA | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and 46 CFR 5.30-1.
By order dated 30 June 1982, an Administrative Law Judge of
the United States Coast Guard at Alameda, California revoked
Appellant's seaman's document upon finding him guilty of
misconduct. The specification found proved alleges that while
serving as utilityman on board the SS SANTA MARIA under the
authority of the captioned document, on 20 October 1981, Appellant
wrongfully possessed marijuana.
The hearing was held at San Francisco, California on 6
January, 29 January, 4 February, 24 March and 5 April 1982.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced in evidence four
documents and the testimony of two witnesses.
In defense, Appellant offered in evidence the testimony of one
witness.
After the hearing, the Administrative Law Judge rendered a
written decision in which he concluded that the charge and
specification had been proved and entered an order revoking all documents issued to Appellant.
The Decision and Order was served on 12 July 1982. Appeal was
timely filed on 28 July 1982 and perfected on 7 April 1983. | Appeal No. 2324 | Suspension and Revocation Appeals Authority | 9/16/1983 | 9/16/1983 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2326 - MCDERMOTT | This appeal has been taken in accordance with Title 46 U.S.C.
239(g) and 46 CFR 5.30-1.
By order dated 14 May 1982, an Administrative Law Judge of the
United States Coast Guard at Long Beach, California suspended
Appellant's license for two months on six months' probation, upon
finding him guilty of negligence. The specification found proved
alleges that while serving as person in charge of oil transfer
operations on board the United States SS SANTA MAGDALENA under
authority of the license above captioned, on or about 6 May 1981,
Appellant negligently allowed oil to be transferred to number 4
deep tank, thereby allowing a discharge of approximately one gallon
of oil into the navigable waters of the United States.
At the hearing on 22 July 1981, 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 exhibits. | Appeal No. 2326 | Suspension and Revocation Appeals Authority | 9/28/1983 | 9/28/1983 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2325 - PAYNE | This appeal has been taken in accordance with Title 46 U.S.C.
239(g) and 46 CFR 5.30-1.
By order dated 14 July 1982, an Administrative Law Judge of
the United States Coast Guard at Norfolk, Virginia, admonished
Appellant upon finding him guilty of negligence. The specification
found proved alleges that, while serving as Operator on board the
M/V ISABEL A. McCALLISTER, under authority of the captioned license
on 1 February 1982, Appellant did, at or near the City of
Portsmouth in the Commonwealth of Virginia on the Elizabeth River,
negligently fail to safely navigate said vessel in such a manner as
to preclude it from alliding with the Elizabeth River Portsmouth
Marine Terminal Bouy NR4 (LLP 332).
The hearing was held at Norfolk, Virginia on 22 April and 14
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. 2325 | Suspension and Revocation Appeals Authority | 9/29/1983 | 9/29/1983 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2328 - 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 21 July 1981, an administrative Law Judge of
the United States Coast Guard at Long Beach, California suspended
Appellant's seaman's documents for two months, plus three months on
nine months' probation, upon finding him guilty of misconduct. The
specification found proved alleges that, while serving as Officer's
Bedroom Steward on board the SS PRESIDENT McKINLEY under authority
of the above captioned document, on or about 4 May 1981, Appellant
wrongfully failed to perform his assigned duties by absenting
himself from his duty station without permission at 1300 hours.
The hearing was held at Long Beach, California on 2 and 30
June 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 four documents into
evidence. | Appeal No. 2328 | Suspension and Revocation Appeals Authority | 10/4/1983 | 10/4/1983 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2329 - FIFER II | This appeal has been taken in accordance with 46 CFR 5.30-15.
By order dated 8 March 1983, an Administrative Law Judge of
the United States Coast Guard at Miami, Florida revoked Appellant's
mariner's license upon finding proved the charge of "conviction for
a narcotic drug law violation."
On 17 March 1983 Appellant filed a Notice of Appeal from the
order of the Administrative Law Judge and a request for a temporary
license. The Administrative Law Judge denied the request by his
order of 24 March 1983. Decision on Appeal 2315 (FIFER) of 6
June 1983 VACATED the Administrative Law Judge's order of 24 March
1983 and REMANDED the request for a temporary license for a new
decision. By his order of 20 June 1983 the Administrative Law
Judge again denied Appellant's request for a temporary license. | Appeal No. 2329 | Suspension and Revocation Appeals Authority | 10/7/1983 | 10/7/1983 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2330 - STRUDWICK | This appeal has been taken in accordance with 46 U.S.C. 239(g)
and 46 CFR 5.30-1.
By order dated 11 March 1983, an Administrative Law Judge of
the United States Coast Guard at Jacksonville, Florida revoked
Appellant's license upon finding him guilty of the charge of
"conviction for a narcotic drug law violation." The specification
found proved alleges that on or about 28 January 1980, Appellant
was convicted of conspiracy to traffic in cannabis by the Circuit
Court of the Seventeenth Judicial Circuit, in and for Broward
County Florida.
The hearing was held at Miami, Florida on 9 February 1983.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced in evidence four
exhibits. | Appeal No. 2330 | Suspension and Revocation Appeals Authority | 10/7/1983 | 10/7/1983 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2331 - ELLIOTT | This appeal has been taken in accordance with Title 46 U.S.C.
239(g) and 46 CFR 5.30-1.
By order dated 1 June 1982, an Administrative Law Judge of the
United States Coast Guard at Norfolk, Virginia revoked Appellant's
seaman's document upon finding him guilty of misconduct. The
specification found proved alleges that while serving as Able
Bodied Seaman on board the SS BUTTON GWINNETT under authority of
the captioned document on or about 5 March 1982, Appellant did,
aboard said vessel while at sea in the vicinity of Jeddah, Saudi
Arabia, wrongfully assault and batter a fellow member of the crew,
Dennis P. Carter, with a knife.
The hearing was held at Norfolk, Virginia on 12 May 1982.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced three documents, a chair,
a drawing and the testimony of two witnesses into evidence. | Appeal No. 2331 | Suspension and Revocation Appeals Authority | 11/25/1983 | 11/25/1983 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2332 - LORENZ | 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 April 1982, an Administrative Law Judge of
the United States Coast Guard at Houston, Texas suspended
Appellant's license for one month, on six months' probation, upon
finding him guilty of negligence. The specification found proved
alleges that while serving as Chief Engineer on board the United
States vessel SS AMERICAN HAWK under authority of the above
captioned license, on or about 23 January 1982, Appellant did fail
to maintain a proper quantity of fuel on board the vessel to
complete the voyage which commenced on 12 January 1982 from
Jacksonville, Florida. As a result the vessel lost all power
adjacent to the Galveston Bay Entrance Channel Lighted Buoy 7A,
hazarding navigation and the vessel.
The hearing was held at Galveston, Texas on 23 March 1982.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification. | Appeal No. 2332 | Suspension and Revocation Appeals Authority | 12/5/1983 | 12/5/1983 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2333 - AYALA | This appeal has been taken in accordance with 46 U.S.C. 239(g)
and 46 CFR 5.30-1
By order dated 21 May 1980, an Administrative Law Judge of the
United States Coast Guard at New York, New York suspended
Appellant's seaman's document for four months, plus two months on
nine months' probation, upon finding him guilty of misconduct. The
specification found proved alleges that while serving as able
seaman on board the United States SS MORMACSAGA under authority of
the document above captioned, on 11 October 1979, Appellant
assaulted and battered Simon Flax, the Boatswain, by striking him
with a "4x4" wooden board.
The hearing was held at New York, New York on 27 November, 3
and 14 December 1979, 17 and 20 January and 13 February 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 six
exhibits and the testimony of three witnesses. In defense,
Appellant offered in evidence his own testimony.
After 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. The entire decision was served
on 31 May 1980. Appeal was timely filed on 13 June 1980 and
perfected on 8 October 1980. | Appeal No. 2333 | Suspension and Revocation Appeals Authority | 12/5/1983 | 12/5/1983 | | 12/20/2017 |
| 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 | 2335 - PRIDGEN | This appeal has been taken in accordance with Title 46 U.S.C.
239(g) and 46 CFR 5.30-1.
By order dated 13 May 1980, an Administrative Law Judge of the
United States Coast Guard at Boston, Massachusetts suspended
Appellant's license and document for four months, upon finding him
guilty of negligence and misconduct. The specification of the
negligence charge alleges that while serving as pilot of the M/V
GREAT LAKES, under authority of the license and document above
captioned, on or about 9 October 1979, Appellant navigated that
vessel in a negligent manner by allowing it to allide with moored
construction barges at the Brightman Street Bridge, Fall River,
Massachusetts. The specification of the misconduct charge alleges
that while Appellant was serving as pilot he did so without a
proper endorsement on his license.
The Master of the vessel, Egil K. Pedersen, was also charged
with negligence and misconduct.
The hearing was held in joinder with that of the Master at
Providence, Rhode Island on 12 October 1979, 8 November 1979, 11
December 1979 and 4 January 1980. | Appeal No. 2335 | Suspension and Revocation Appeals Authority | 12/9/1983 | 12/9/1983 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2336 - SAMPSON | This appeal has been taken in accordance with 46 U.S.C.239(g)
and 46 CFR 5.30-1.
By order dated 13 April 1982, an Administrative Law Judge of
the United States Coast Guard at Tampa, Florida revoked Appellant's
seaman's license upon finding him guilty of incompetence. The
specification found proved alleges that Appellant while serving as
Operator on board the United States S/V LA GRINGA, O.N. 530918,
under authority of the license above captioned, did during the year
1981, operate said vessel from St. Petersburg Municipal Marina
Tampa Bay, Florida, while physically incompetent because of
inadequate vision.
The hearing was held at Tampa, Florida, on 12 February 1982
and on 13 April 1982. At the hearing, Appellant elected to act as
his own counsel and entered a plea of not guilty to the charge and
single specification thereunder
The Investigating Officer introduced in evidence seven
exhibits, one of which, Exhibit 1, was a stipulation of fact signed
by both the Investigating Officer and the Appellant. | Appeal No. 2336 | Suspension and Revocation Appeals Authority | 12/9/1983 | 12/9/1983 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2337 - NYBORG | This appeal has been taken in accordance with Title 46 U.S.C.
239(g) and 46 CFR 5.30-1.
By order dated 16 February 1983, an Administrative Law Judge
of the United States Coast Guard at Long Beach, California
admonished Appellant. The specification found proved alleges that
while serving as Pilot on board the United States SS SAN MARCOS and
directing the movements of said vessel under authority of the
license above captioned, on or about 12 May 1981, Appellant failed
to initiate adequate and timely evasive maneuvers to avoid
collision with the F/V SANDRA LINN while overtaking said vessel in
the vicinity of the Bay Bridge in San Francisco Bay.
The hearing was held at San Francisco, California, on 28 July,
11,21,26 and 31 August 1981.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty.
The Investigating Officer introduced in evidence several
documents and the testimony of three witnesses. | Appeal No. 2337 | Suspension and Revocation Appeals Authority | 1/6/1984 | 1/6/1984 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2338 - FIFER II | This appeal has been taken in accordance with 46 U.S.C. 239(g)
and 46 CFR 5.30-1.
By order dated 8 March 1983, and Administrative Law Judge of
the United States Coast Guard at Miami, Florida revoked Appellant's
mariner's license upon finding proved the charge of "conviction for
a narcotic drug law violation." The specification found proved
alleges that on or about 1 March 1982, Appellant was convicted of
possession of cannabis (over 100 pounds) by the Circuit Court,
Seventeenth Judicial Circuit, in and for Broward County, Florida.
The hearing was held at Miami, Florida on 9 December 1982 and
on 20 January 1983.
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 six exhibits.
At the end of the hearing on 9 December 1982 the Administrative Law
Judge rendered an oral decision in which he concluded that the
charge and specification had been proved by plea. The hearing was then continued to 20 January 1983. On that day Appellant
testified, called three witnesses and introduced into evidence two
exhibits all directed toward mitigation and extenuation.
The Administrative Law Judge's decision and order revoking all
licenses and documents issued to Appellant, dated 8 March 1983, was
served on 14 March 1983. Appeal was timely filed on 17 March 1983
and perfected on 4 May 1983. | Appeal No. 2338 | Suspension and Revocation Appeals Authority | 1/6/1984 | 1/6/1984 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2348 - MANLEY | This appeal has been taken in accordance with 46 U.S.C. 239(g)
and 46 CFR 5.30-1.
By order dated 30 December 1982, an Administrative Law Judge
of the United States Coast Guard at HOUSTON, TEXAS revoked
Appellant's seaman's document upon finding him guilty of the charge
of "conviction for a drug law violation." The specification found
proved alleges that being the holder of the document above
captioned, on or about 5 June 1981, Appellant was convicted of
possession of marijuana by the County Court of Harris County,
Texas.
The hearing was held at Houston, Texas on 12 November 1982.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced in evidence the record of
Appellant's conviction.
In defense, Appellant made several motions related to the
admissibility of the court records, the legal effect of the Texas
conviction, and the legal adequacy of the Coast Guard proceeding. | Appeal No. 2348 | Suspension and Revocation Appeals Authority | 1/12/1984 | 1/12/1984 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2339 - HOOTON | This appeal has been taken in accordance with 46 CFR 5.25-15.
By order dated 11 December 1981, an Administrative Law Judge
of the United States Coast Guard at Seattle, Washington, suspended
Appellant's license for six months, on twelve months probation upon
finding him guilty of misconduct. The specification found proved
alleged that while serving as a Licensed Operator aboard the P/C
SEA HOOK, under the authority of the license above captioned on or
about 19 July 1980, and 8, 19, 21, 23, 27 and 28 September 1981,
Appellant transported passengers for hire onboard a foreign-built
vessel, between Auke Bay, Alaska, and the vicinity of Point
Retreat, Alaska.
The hearing was held at Juneau, Alaska, on 17 November 1981.
Appellant appeared at the hearing without counsel and presented his
evidence which consisted of his oral testimony. He offered neither
documentary evidence, not evidence by deposition. He called no
witnesses.
The Investigating Officer presented the testimony of two
witnesses as well as six documents. | Appeal No. 2339 | Suspension and Revocation Appeals Authority | 1/18/1984 | 1/18/1984 | | 12/20/2017 |
| 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 | 2341 - SCHUILING | This appeal has been taken in accordance with Title 46 U.S.C.
239(g) and 46 CFR 5.30-1.
By order dated 22 December 1982, an Administrative Law Judge
of the United States Coast Guard at Wilmington, N.C. admonished
Appellant upon finding him guilty of misconduct. The
specifications found proved allege that while serving as Chief
Engineer on board the United States vessel SS JACKSONVILLE under
authority of the license above captioned, on or about 8 October
1982, Appellant failed to notify the Officer in Charge, Marine
Inspection, Baltimore, Maryland, that the main propulsion motor of
the vessel was flooded, that on 8 October 1982 he allowed repairs
to be made to the main motor without the cognizance of the Officer
in Charge, Marine Inspection, and that on or about 13 October 1982,
Appellant failed to immediately notify the Officer in Charge,
Marine Inspection, Wilmington, N.C., of the failure at sea of the
vessel's main motor.
The hearing was held at Wilmington, N.C., on 4 November 1982. | Appeal No. 2341 | Suspension and Revocation Appeals Authority | 2/6/1984 | 2/6/1984 | | 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 | 2343 - WILLIAMS | This appeal has been taken in accordance with 46 CFR 5.30-15.
By order dated 21 July 1983, an Administrative Law Judge of
the United States Coast Guard at Houston, Texas revoked Appellant's
mariners document upon finding proved the charge of "possession of
marijuana aboard the SS INGER." On 31 August 1983 Appellant filed
a Notice of Appeal from then Order of the Administrative Law Judge
and a request for a temporary document. The Administrative Law
Judge denied the request by his order dated 16 November 1983.
Appellant's delay in filing the notice of appeal was caused by
Hurricane Alicia. It will therefore be considered timely.
BASIS OF APPEAL
This appeal has been taken from the order of the
Administrative Law Judge of 16 November 1983 denying a temporary
document. Appellant advances no grounds for his appeal.
OPINION
The Administrative Law Judge's interpretation of the
regulations and my Decisions on Appeal is not correct insofar as he
concludes that temporary licenses or documents may not be issued
following a finding that one of the offenses listed in 46 CFR
5.03-5(b) has been proved. | Appeal No. 2343 | Suspension and Revocation Appeals Authority | 3/6/1984 | 3/6/1984 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2345 - CRAWFORD | This appeal has been taken in accordance with 46 U.S.C.239(g)
and 46 CFR 5.30-1.
By order dated 10 November 1982, and Administrative Law Judge
of the United States Coast Guard at New York, N.Y.suspended
Appellant's seaman's documents for 12 months, upon finding him
guilty of misconduct. The specification found proved alleges that
while serving as Third Assistant Engineer on board the S.S. SANTA
BARBARA under authority of the document and license above
captioned, on or about 29 August 1982, Appellant assaulted and
battered a fellow crewmember, James W. PARRISH, with a dangerous
weapon, a wheel wrench.
The hearing was held at New York, N.Y. on 27 October 1982.
At the hearing, Appellant neither appeared nor was he
represented by counsel. The Investigating Officer testified to
jurisdictional facts concerning service of charges on Appellant and
notice to Appellant of the date of the hearing. A plea of not
guilty to the charge and specification was entered on his behalf by
the Administrative Law Judge and the hearing proceeded in absentia. | Appeal No. 2345 | Suspension and Revocation Appeals Authority | 3/27/1984 | 3/27/1984 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2344 - KOHAJDA | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and 46 CFR 5.30-1.
By Order dated October 1982, an Administrative Law Judge of
the United States Coast Guard at Baltimore, Maryland revoked
Appellant's seaman's document upon finding him guilty of
misconduct.
The specifications found proved that while serving as ordinary
seaman on board the SS PENNY under the authority of the above
captioned document, while the vessel was at the Port of Tamatave,
Madagascar, Appellant did:
(1) On or about 0500 on 11 Dec 1981, fail to perform his
assigned duty of opening cargo hatches;
(2) On or about 0500 on 16 Dec 1981, fail to perform his
assigned duty of opening cargo hatches;
(4) On or about 1300 and 1330 on 18 Dec 1981, fail to perform
his assigned duty as gangway watch, and was discovered aft of
the liverpool house out of sight of the gangway;
(5) On or about 0000 to 0050 on 25 Dec 1981, fail to perform
his assigned duty as gangway watch;
(6) On or about 0230 and 0430 on 25 Dec 1981, fail to perform
his duty as gangway watch in that he was found asleep in the crew's messroom;
(8) On or about 30 Dec 1981, assault and batter with his
fists the vessel's Master, and threaten to kill said Master;
(9) On or about 30 Dec 1981, assault the Chief Mate by
threatening to kill him. | Appeal No. 2344 | Suspension and Revocation Appeals Authority | 3/28/1984 | 3/28/1984 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2346 - WILLIAMS | This appeal has been taken in accordance with Title 46 U.S.C.
239(g) and 46 CFR 5.30-1.
By order dated 17 May 1982, an Administrative Law Judge of the
United States Coast Guard at Seattle, Washington revoked
Appellant's seaman's document upon finding him guilty of
misconduct. The specification found proved alleges that while
serving under authority of the document above captioned, on or
about 12 February 1982, Appellant wrongfully and fraudulently
presented to the U.S. Coast Guard Marine Safety Office, Portland,
Oregon, his Merchant Mariner's Document wrongfully altered in
violation of 18 U.S.C. 2197 by the addition of a "Demac"
endorsement, in an attempt to obtain a duplicate document with an
endorsement to which he was not entitled.
The hearing was held at Seattle, Washington on 11 May 1982.
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 two witnesses and eleven documentary exhibits.
In defense, Appellant offered in evidence his own testimony.
At the end of the hearing, the Administrative Law Judge
rendered an oral decision in which he concluded that the charge and
the specification has been proved. He then served a written order
on Appellant revoking all documents issued to Appellant. | Appeal No. 2346 | Suspension and Revocation Appeals Authority | 3/30/1984 | 3/30/1984 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2347 - WILLIAMS, A. D | 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 January 1983, and Administrative Law Judge
of the United States Coast Guard at New York, NY suspended
Appellant's seaman's documents for one month, plus two months on
nine months' probation, upon finding him guilty of misconduct. The
specifications found proved allege that while serving as Qualified
Member of the Engine Department (QMED) on board the SS CHESTNUT
HILL under authority of the document above captioned, on or about
9 December 1982, Appellant uttered abusive language toward the
Third Assistant Engineer and on or about 29 November 1982 failed to
stand his assigned watch.
The hearing was held at Philadelphia, PA on 12 January 1983.
At the hearing, Appellant was represented by non-professional
counsel and entered a plea of guilty to the charge and
specification alleging failure to stand his watch and not guilty to
uttering abusive language to the Third Assistant Engineer.
The Investigating Officer introduced in evidence the testimony
of three witnesses and three exhibits.
Appellant offered no evidence in defense. | Appeal No. 2347 | Suspension and Revocation Appeals Authority | 4/11/1984 | 4/11/1984 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2350 - HINCHCLIFFE | 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 April 1983, an Administrative Law Judge of the United States Coast Guard at Jacksonville, Florida revoked Appellant's license upon finding proved the charge of “conviction for a narcotic drug law violation.” The specification found proved alleged that Appellant, while holder of the above captioned license, was convicted on 11 January 1983 by the United States District Court for the District of Maryland of conspiracy to import marijuana.
The hearing was held at Key West, Florida, on 28 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 a certified copy of the Judgment of the Court, a copy of the Indictment, and an Affidavit of Service of the charge sheet.
In defense, Appellant offered in evidence his own testimony, the testimony of two additional witnesses, and several documents.
At the hearing, the Administrative Law Judge rendered a decision in which he concluded that the charge and specification had been proved by plea.
The Decision and Order revoking Appellant's license was served on 14 May 1983. Notice of Appeal was timely filed on 24 May 1983 and perfected on 1 August 1983. | Appeal No. 2350 | Suspension and Revocation Appeals Authority | 5/9/1984 | 5/9/1984 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2349 - CANADA | This appeal has been taken in accordance with Title 46 U.S.C.
239(g) and 46 CFR 5.30-1.
By order dated 2 June 1981, an Administrative Law Judge of the
United States Coast Guard at Port Arthur, Texas, suspended
Appellant's Ocean Operator's license and Merchant Mariner's
document for one month on three months' probation, upon finding him
guilty of negligence. The specification found proved alleges that,
while serving as Operator on board the M/V WANDA LOUISE under
authority of the above captioned licenses and document on or about
3 April 1981, Appellant failed to properly supervise the transfer
of oil within the vessel which failure resulted in the discharge of
about 1,000 gallons of oil into the Calcasieu River, a navigable
waterway of the United States.
The hearing was held at Port Arthur, Texas on 12 May 1981.
At the hearing, Appellant was represented by non-professional
counsel and entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced four exhibits and the
testimony of one witness into evidence.
In defense, Appellant offered his own testimony, the testimony
of one witness and four exhibits. | Appeal No. 2349 | Suspension and Revocation Appeals Authority | 5/11/1984 | 5/11/1984 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2351 - EINSMANN | By order dated 27 June 1983, an Administrative Law Judge of
the United States Coast Guard at Jacksonville, Florida dismissed
without prejudice a charge of negligence supported by two
specifications and a charge of misconduct supported by one
specification which had been served on Appellant.
ISSUE
The appeal has been taken from the order of the Administrative
Law Judge. Appellant asks that the charges and specifications be
dismissed with prejudice.
APPEARANCE: Corlett, Killian, Hardeman, McIntosh, & Levi, P.A. by
David McIntosh
OPINION
The first question which must be answered is whether an event
has occurred which is subject to appeal. As set forth in detail
below, I conclude that it has not. | Appeal No. 2351 | Suspension and Revocation Appeals Authority | 5/15/1984 | 5/15/1984 | | 12/20/2017 |
| 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 | 2353 - EDGELL | This appeal has been taken in accordance with Title 46, United
States Code 239(g) and 46 CFR 5.30-1.
By order dated 22 February 1983, an Administrative Law Judge
of the United States Coast Guard at New Orleans, Louisiana
suspended Appellant's seaman's document for three months on twelve
months' probation, upon finding him guilty of misconduct. The
specification found proved alleges that while serving as Qualified
Member of the Engine Department (QMED) on board the SS DELTA NORTE,
under authority of the document above captioned, on or about 27
December 1982, Appellant did wrongfully engage in mutual combat
with a fellow crewmember.
The hearing was held at New Orleans, Louisiana 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 in evidence five exhibits
and the testimony of two witnesses.
In defense, Appellant offered in evidence two exhibits and his
own testimony. | Appeal No. 2353 | Suspension and Revocation Appeals Authority | 6/4/1984 | 6/4/1984 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2354 - DITMARS | This appeal has been taken in accordance with 46 U.S.C. 239(g)
46 CFR 5.30-1 and 46 CFR 5.30-15.
By order dated 26 May 1983, an Administrative Law Judge of the
United States Coast Guard, at Miami, Florida, revoked Appellant's
seaman's license upon finding proved the charge of convict ion for
a narcotic drug law violation. The specification found proved
alleges that being the holder of the license above captioned, on or
about 23 December 1982 Appellant was convicted of knowingly,
intentionally, and unlawfully possessing a controlled substance, to
wit, marijuana.
The hearing was held at Miami, Florida on 26 May 1983.
At the hearing, Appellant represented himself and entered a
plea of guilty to the charge and specification.
The Investigation Officer introduced in evidence five
documents including a copy of the judgement of conviction of the
New Jersey Superior Court, Mercer County, in the case State of
New Jersey v. Gary Neal Ditmars, and a true copy of the
indictment filed in the same ease. | Appeal No. 2354 | Suspension and Revocation Appeals Authority | 6/5/1984 | 6/5/1984 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2355 - RHULE | This appeal has been taken in accordance with Title 46 U.S.C.
239(g) and 46 CFR 5.30-1.
By order dated 17 March 1982, and Administrative Law Judge of
the United States Coast Guard at Jacksonville, Florida, revoked
Appellant's license upon finding him guilty of conviction for a
narcotic drug law violation. The specification found proved
alleges that Appellant, while holder of the captioned license, was
convicted on 10 August 1981 of possession of narcotics, to wit,
cannabis, by the Circuit Court of the Seventeenth Judicial Circuit
for Broward County, Florida.
The hearing was held in Miami, Florida on 12 March 1982. At
the hearing, Appellant represented himself and entered a plea of
not guilty to the charge and specification.
The Investigating Officer introduced into evidence two
documents.
In defense, Appellant introduced various items of documentary
evidence and made an unsworn statement in mitigation. | Appeal No. 2355 | Suspension and Revocation Appeals Authority | 6/5/1984 | 6/5/1984 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2356 - FOSTER | This appeal has been taken in accordance with 46 U.S.C.239(g)
and 46 CFR 5.30-1.
By order dated 13 July 1981, an Administrative Law Judge of
the United States Coast Guard, at Long Beach, California, revoked
Appellant's seaman's license upon finding him guilty of misconduct.
The specifications found proved allege that while serving as
Operator aboard the M/V CHARGER, under the authority of the above
captioned license, on or about 24 and 25 April 1981 Appellant
wrongfully: operated the vessel while under the influence of
intoxicating beverages while carrying passengers; molested one or
more female passengers by using improper an suggestive language and
placing his hands on their private parts in a lewd and lascivious
manner against the female passengers' will; and used a narcotic
drug by smoking a marijuana cigarette.
The hearing was held at Honolulu, Hawaii on 14 May 1981. At
the hearing, Appellant was represented by professional counsel and
entered a plea of not guilty to the charge and to each
specification. | Appeal No. 2356 | Suspension and Revocation Appeals Authority | 6/5/1984 | 6/5/1984 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2357 - GEESE | This appeal has been taken in accordance with Title 46 U.S.C.
239(g) and 46 CFR 5.30-1.
By order dated 11 March 1983, an Administrative Law Judge of
the United States Coast Guard at Alameda, California, suspended
Appellant's license and merchant mariner's document for a period of
six months, remitted on twelve months probation, upon finding him
guilty of misconduct. Three specifications were found proved. The
first alleges that on 7 February 1982, Appellant, while serving as
second mate on board the SS PRESIDENT MADISON under authority of
the above captioned documents, failed to perform his duties due to
intoxication. The second and third specifications allege failure
to obey direct orders of the Master to go below after being
relieved of his bridge watch.
The hearing was initially convened on board the SS PRESIDENT
MADISON at San Francisco, California on 16 August 1982, and
continued at Alameda, California on 9 November 1982, 7 February
1983, and 14 February 1983.
At the hearing, Appellant was represented by professional
counsel. Appellant entered a plea of not guilty to the charge and
specifications.
The investigating Officer introduced into evidence the
testimony of three witnesses and several documents. | Appeal No. 2357 | Suspension and Revocation Appeals Authority | 6/8/1984 | 6/8/1984 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2358 - BUISSET | This appeal has been taken in accordance with Title 46 U.S.C,.
239(g) and 46 CFR 5.30-1.
By order dated 29 October 1982, an Administrative Law Judge of
the United States Coast Guard at Norfolk, Virginia suspended
Appellant's license for six months on twelve months' probation,
upon finding him guilty of misconduct and negligence. The
specifications found proved under the charge of misconduct allege
that while serving as Operator on board the United States M/V
SHARON B. under authority of the license above captioned, on or
about 24 July, while said vessel was pushing the barge JEANNE MARIE
in the Tangier Sound, Appellant wrongfully failed to maintain a
proper lookout and wrongfully failed to take action to avoid a
collision with the 19 foot motorboat, Registration No. MD-9267-P.
The specification found proved under the charge of negligence
alleges that while serving as aforementioned, on the same date,
while said vessel was pushing the barge JEANNE MARIE in the Tangier
Sound, Appellant failed to navigate the vessel with due caution,
thereby causing a collision with the 19 foot motorboat,
Registration No. MD-9267-P. | Appeal No. 2358 | Suspension and Revocation Appeals Authority | 6/8/1984 | 6/8/1984 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2362 - ARNOLD | This appeal has been taken in accordance with 4l United States
Code 239(g) and 46 CFR 5.30-1.
By order dated 17 December 1982, an Administrative Law Judge
of the United States Coast Guard Seattle, Washington, suspended
Appellant's seaman's document for ten months upon finding him
guilty of misconduct. The specification found proved alleges that
while serving as able-bodied seaman on board the SS PRINCE WILLIAM
SOUND under authority of the document above captioned, on or about
12 December 1981 through 19 December 1981, Appellant wrongfully
saved in the capacity noted his document was in the possession of
the Coast Guard in Compliance with a Coast Guard Administrative Law
Judge's order.
The hearing was held in Seattle, Washington on 9 September, 20
October, and 17 December 1982.
At the hearing Appellant was represented by professional
counsel. Prior to arraignment, Appellant moved for dismissal. The
motion was denied. After denial of the motion to dismiss and upon
being arraigned, Appellant entered a plea of guilty to the charge
an specification.
The Investigating Officer introduced in evidence sixteen
documents.
The Appellant offered no defense.
At the end of the hearing, the Administrative Law Judge
rendered and oral decision in which he concluded that the charge
and single specification had been proved by plea. He then served
a written order on Appellant suspending all documents issues to
Appellant for a period of ten months.
The entire decision was served on 12 January 1983. Appeal was
timely filed on 22 December 1982, and perfected on 23 March 1983. | Appeal No. 2362 | Suspension and Revocation Appeals Authority | 6/12/1984 | 6/12/1984 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2363 - MANN | This appeal has been taken in accordance with 46 U.S. Code
239(g) and 46 CFR 5.30-1.
By order dated 8 July 1982, an Administrative Law Judge of the
United States Coast Guard at San Francisco, California suspended
Appellant's Seaman's License for three months upon finding him
guilty of misconduct. The specifications found proved allege that
while serving as Operator on board the M/V CAPTAIN HORNBLOWER,
under authority of the license above captioned, Appellant did on 16
and 17 February 1981, while carrying 66 and 48 passengers
respectively between the hours of 1900 and 2300 each day,
wrongfully operate said vessel, a non-Coast Guard certificated
vessel, in violation of the provisions of 46 U.S.C. 390c(a). The
hearing was held at san Francisco, California, on 2 March, 2 April,
7 April, 1 May, 7 May, 24 June, and 7 July 1981.
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 eight
exhibits and the testimony of two witnesses. | Appeal No. 2363 | Suspension and Revocation Appeals Authority | 6/12/1984 | 6/12/1984 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2359 - WAINE | This appeal has been taken in accordance with Title 46 U.S.C.
239(g) and 46 CFR 5.30-1.
By order date 15 December 1981, an Administrative Law Judge of
the United States Coast Guard at Boston, Massachusetts, suspended
Appellant's license for four months, plus four months on twelve
months' probation, upon finding him guilty of negligence and
misconduct. The specifications found proved under the charge of
negligence allege that while serving as Master on board the United
States M/V AURIGA, Appellant on or about 10 August 1981, while
navigating in conditions of fog and restricted visibility:
(1) failed to obtain, or properly use, information available
to him from radar observations to determine the course and
speed of another vessel in his vicinity, thereby contributing
to a collision with the SS NAUSHON;
(2) failed to use the bridge-to-bridge radiotelephone to
determine the course and speed of another vessel in his
vicinity, thereby contributing to a collision;
(3) failed to navigate with caution during fog, notwithstanding the fact that information of the proximity and
approach of another vessel was available to him from radar
observations. | Appeal No. 2359 | Suspension and Revocation Appeals Authority | 6/12/1984 | 6/12/1984 | | 12/20/2017 |