| Suspension and Revocation Appeals Authority | 1984 - RUIZ | This appeal has been taken in accordance with Title 46 United
States Code 239b and Title 46 Code of Federal Regulations 137.30-1.
By order dated 1 August 1972, an Administrative Law Judge of
the United States Coast Guard at Galveston, Texas, revoked
Appellant's seaman's documents upon finding him guilty of the
charge of "conviction for narcotic drug law violation." The
specification found proved alleges that Appellant was convicted on
17 April 1972 by District Court of Brazoria County, Texas, 23rd
Judicial District, a court of record, for violation of the narcotic
drug laws of the State of Texas.
At the hearing, Appellant was represented by professional
counsel. Appellant entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced in evidence a certified
copy of the judgment of conviction and chemical analysis of the
substance found on Appellant's person.
In defense, Appellant offered in evidence a copy of the
offense report, Police Department, Freeport, Texas.
At the end of the hearing, the Administrative Law Judge
rendered a written decision in which he concluded that the charge
and specification had been proved. He then entered an order revoking all documents issued to Appellant.
The entire decision was served on 14 August 1972. Appeal was
timely filed on 12 September 1972. | Appeal No. 1984 | Suspension and Revocation Appeals Authority | 8/7/1973 | 8/7/1973 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2009 - NORSWORTHY | This appeal has been taken in accordance with Title 46 United
States Code 239b and Title 46 Code of Federal Regulations 137.30-1.
By order dated 15 March 1974, an Administrative Law Judge of
the United States Coast Guard at Toledo, Ohio, revoked Appellant's
seaman's documents upon finding him guilty of the charge of
"conviction for a narcotic drug law violation." The specification
found proved alleges that while holding the document above
captioned, on or about 6 December 1973, Appellant was convicted by
the County Court, Door County Wisconsin, a court of record, for
violation of narcotic drug laws of the State of Wisconsin.
At the hearing Appellant elected to act as his own counsel and
entered a plea of guilty to the charge and specification.
In mitigation, Appellant stated that he had been in a bar and
had run out of cigarettes and that a woman gave him a pack of
cigarettes containing two marijuana cigarettes.
At the end of the hearing, the Judge rendered an oral decision
in which he concluded that the charge and specification had been
proved by plea. He then served a written order on Appellant
revoking all documents, issued to Appellant.
The entire decision and order was served on 6 April 1974.
Appeal was timely filed on 15 April 1974. | Appeal No. 2009 | Suspension and Revocation Appeals Authority | 9/20/1974 | 9/20/1974 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2005 - BEROUD | This appeal has been taken in accordance with Title 46 United
States Code 239b and Title 46 Code of Federal Regulations 137.30-1.
By order dated 18 March 1974, an Administrative Law Judge of
the United States Coast Guard at New York, New York, revoked
Appellant's seaman's documents upon finding him guilty of the
charge of "conviction for a narcotic drug law violation." The
specification found proved alleges that, on 4 September 1973,
Appellant was convicted in Delaware County Court, Media,
Pennsylvania, a court of record in Delaware County, Commonwealth of
Pennsylvania, for violation of the Commonwealth of Pennsylvania.
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 certified
copies of the indictments and court conviction.
In defense, Appellant offered in evidence his own testimony,
that of a character witness and seven letters of character. | Appeal No. 2005 | Suspension and Revocation Appeals Authority | 8/23/1974 | 8/23/1974 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 1983 - SESNY | This appeal has been taken in accordance with Title 46 United
States Code 239b and Title 46 Code of Federal Regulations 137.30-1.
By order dated 28 February 1973, 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
"conviction for a narcotic drug law violation." The specification
found proved alleges that Appellant was convicted for violation of
a narcotic drug law of the United States by the U.S. District Court
for the Southern District of California.
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 the record of
conviction despite Appellant's plea of guilty.
In mitigation, Appellant offered a copy of a two-page Customs
Report and made an informal statement. | Appeal No. 1983 | Suspension and Revocation Appeals Authority | 8/7/1973 | 8/7/1973 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 1954 - STOCKSTILL | This appeal has been taken in accordance with Title 46 United
States Code 239b and Title 46 Code of Federal Regulations 137.30-1.
By order dated 29 June 1972, an Administrative Law Judge of
the United States Coast Guard at New Orleans, Louisiana revoked
Appellant's seaman's documents upon finding him guilty of
"conviction for a narcotic drug law violation." The specification
found proved alleges that on or about 28 October 1970, Appellant
was convicted by the 16th Judicial District Court of the State of
Louisiana, a Court of Record, for violation of the narcotics drug
laws of the State of Louisiana.
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 excerpts from
the record of the 16th Judicial Court of Louisiana and evidence of
a pardon granted Appellant by the Governor of Louisiana.
In defense, Appellant offered in evidence his own testimony,
seven letters attesting to his good conduct, and testimony of two
friends, his father and his wife.
At the end of the hearing, the Administrative Law Judge rendered a written decision in which he concluded that the charge
and specification had been proved. He then entered an order
revoking all documents issued to Appellant.
The entire decision was served on 18 July 1972. Appeal was
timely filed on 18 July 1972. | Appeal No. 1954 | Suspension and Revocation Appeals Authority | 6/27/1973 | 6/27/1973 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 2048 - NORTON | This appeal has been taken in accordance with Title 46 United
States Code 239b and Title 46 Code of Federal Regulations 5.30-1
and 3.
By order dated 4 June 1975, an Administrative Law Judge of the
United States Coast Guard at Long Beach, California, revoked
Appellant's document and license upon finding him guilty of the
charge of "conviction for a narcotic drug law violation." The
specification found proved alleges that Appellant, being the holder
of the above captioned document and license, was, on or about 4
March 1975, convicted by the United States District Court for the
Western District of Washington, a court of record, for possession
of hashish in violation of narcotic drug laws of the United States,
to wit: the Revised Code of Washington section 69.50.401 (d) and
sections 7 and 13 of title 18 of the United States Code.
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 a copy of the
record of Appellant's conviction.
In defense, Appellant offered in evidence a statement in
mitigation. | Appeal No. 2048 | Suspension and Revocation Appeals Authority | 3/1/1976 | 3/1/1976 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2089 - STEWART | This appeal has been taken in accordance with Title 46 United
States Code 239b and Title 46 Code of Federal Regulations 5.30-1.
By order dated 10 March 1976, an Administrative Law Judge of
the United States Coast Guard at Washington, North Carolina revoked
Appellant's seaman documents upon finding him guilty of "conviction
for a narcotic drug violation." The specification found proved
alleges that while being the holder of the above captioned
document, on or about 15 December 1975 Appellant was convicted of
a violation of North Carolina General Statue 90-95(a'(3)) in the
Superior Court of New Hanover County, State of North Carolina, for
violation of a narcotic drug law.
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 a copy of the
Judgement of conviction for a narcotic drug law violation entered
in Cause No. 75-CR-14629 in the General Court of Justice, Superior
Court Division, County of New Hanover, North Carolina, dated
December 15, 1975. | Appeal No. 2089 | Suspension and Revocation Appeals Authority | 1/3/1977 | 1/3/1977 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2067 - WHITLOW | This appeal has been taken in accordance with Title 46 United
States Code 239b and Title 46 Code of Federal Regulations 5.30-1.
By order dated 11 February 1974, and amended 19 February 1974,
an Administrative Law Judge of the United States Coast Guard at San
Francisco, California, revoked Appellant's seaman documents upon
finding him guilty of the charge of "conviction for a narcotic drug
law violation." The specification found proved alleges that while
being the holder of the document above captioned, on or about 10
April 1973, Appellant was "convicted in court of record for
violation of Health and Safety Code, a Narcotic Drug Law of the
State of California."
At this 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 an affidavit
of service and a certified Minute Order by the Municipal Court for
the city and county of San Francisco, California, dated April 12,
1973.
In defense, Appellant offered in evidence a certified copy of
an order of the same municipal court dated June 4, 1973. | Appeal No. 2067 | Suspension and Revocation Appeals Authority | 7/26/1976 | 7/26/1976 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2055 - MILLER | This appeal has been taken in accordance with Title 46 United
States Code 239b and Title 46 Code of Federal Regulations 5.30-1.
By order dated 14 October 1975, an Administrative Law Judge of
the United States Coast Guard at San Diego, California, revoked
Appellant's seaman documents upon finding him guilty of "conviction
for a narcotic drug law violation." The specifications found
proved alleges that on or about 21 July 1971, Appellant was
convicted in Superior Court in the County of San Diego for a
violation of California Health and Safety Code, section 11530.5
(possession of marijuana for sale).
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 certified
duly attested abstract of the court record, criminal minutes of the
Superior Court of the State of California, probation order, and
order remanding Appellant to the custody of the sheriff. | Appeal No. 2055 | Suspension and Revocation Appeals Authority | 4/23/1976 | 4/23/1976 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2076 - OGERON | This appeal has been taken in accordance with Title 46 United
States Code 239b and Title 46 Code of Federal Regulations 5.30-1.
By order dated 25 November 1975, an Administrative Law Judge
of the United States Coast Guard at Houston, Texas revoked
Appellant's seaman documents upon finding him guilty of the charge
of "conviction for a narcotic drug law violation." The
specification found proved alleges that while under authority of
the document above captioned, on or about 24 August 1972, Appellant
was convicted by the Harris County District Court No. 184, Texas,
a court of record, for violation of the narcotic drug laws of the
State of Texas, to wit, possession of heroin.
At the hearing, Appellant was represented by counsel and
entered a plea of not guilty to the charge and specification.
The Investigating Officer introduced in evidence four exhibits
which included certified copies of the indictment by the Harris
County Grand Jury charging Appellant with possession of heroin and
the judgment finding Appellant guilty of that charge. | Appeal No. 2076 | Suspension and Revocation Appeals Authority | 9/20/1976 | 9/20/1976 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2103 - SNELL | This appeal has been taken in accordance with Title 46 United
States Code 239b and Title 46 Code of Federal Regulations 5.30-1.
By order dated 27 October 1976, an Administrative Law Judge of
the United States Coast Guard at Seattle, Washington revoked
Appellant's seaman documents upon finding him guilty of the charge
of "conviction for a narcotic drug law violation." The
specification found alleges that Appellant, being the holder of the
captioned document, was convicted on 8 May 1972 of a violation of
the Uniform Narcotic Drug Act of the State of Washington in King
County Superior Court, a court of record, for possession and sale
of a narcotic drug, to wit, heroin.
At the hearing, Appellant was represented by professional
counsel and entered a plea of guilty to the charge and the
specification.
The Investigating Officer introduced in evidence various
documentary evidence. | Appeal No. 2103 | Suspension and Revocation Appeals Authority | 5/20/1977 | 5/20/1977 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2135 - FOSSANI | This appeal has been taken in accordance with Title 46 United
States Code 239b and Title 46 Code of Federal Regulations 5.30-1.
By order dated 29 April 1977, an Administrative Law Judge of
the United States Coast Guard at New York, New York, revoked
Appellant's license upon finding him to be a user of a narcotic
drug. The specification found proved alleges that on or about 8
October 1976, Appellant was, at or about [REDACTED]
[REDACTED], New Jersey, wrongfully a user of a narcotic drug.
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 certain
documents and the testimony of several witnesses.
In defense, Appellant offered in evidence his own testimony
and that of his mother.
At Appellant's request, the Administrative Law Judge arranged
for examination of Appellant at U.S.P.H.S. Hospital, Staten Island,
New York, and then himself called the examining physician as a
witness.
At the end of the hearing, the Judge rendered a decision in
which he concluded that the charge and specification had been
proved. He then entered an order revoking all documents issued to
Appellant.
The entire decision was served on 20 May 1977. Appeal was
timely filed, and perfected on 1 December 1977. | Appeal No. 2135 | Suspension and Revocation Appeals Authority | 11/3/1978 | 11/3/1978 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2168 - COOPER | This appeal has been taken in accordance with Title 46 United
States Code 239b and Title 46 Code of Federal Regulations 5.30-1.
By order dated 3 October 1978, an Administrative Law Judge of
the Untied States Coast Guard at Jacksonville, Florida, after a
hearing at Charleston, South Carolina, revoked Appellant's Merchant
Mariner's Document upon finding him guilty of "conviction for a
narcotic drug violation." The specification found proved alleges
that while the holder of the above-captioned document on 30 April
1971, Appellant was "convicted of possession of narcotics, to wit,
marijuana, by the Circuit Court of Cook County, Illinois."
At the hearing, Appellant appeared pro se and entered
a plea of guilty to the charge and specification.
The Investigating Officer introduced into evidence a certified
copy of the "Complaint for Preliminary Examination" and subsequent
conviction by the Circuit Court of Cook County, Illinois, dated 20
September 1971.
Appellant offered no evidence but elected to make a sworn
statement in extenuation and mitigation pursuant to the provisions
of 46 CFR 5.20-85(b).
At the end of the hearing, the Administrative Law Judge
rendered a written decision in which he concluded that the charge
and specification had been proved. He then entered an order revoking all documents issued to Appellant.
The entire decision and order was served on 6 October 1978.
Appeal was timely filed on 6 October 1978, immediately after
service. | Appeal No. 2168 | Suspension and Revocation Appeals Authority | 10/23/1979 | 10/23/1979 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2095 - SCOTT | This appeal has been taken in accordance with Title 46 United
States Code 239b and Title 46 Code of Federal Regulations 5.30-1.
By order dated 30 March 1976, an Administrative Law Judge of
the United States Coast Guard at San Francisco, California revoked
Appellant's seaman documents upon finding him guilty of the charge
of "conviction for a narcotic drug law violation." The
specification found proved alleges that while holder of the
document above captioned, on or about 18 January 1972, Appellant
was convicted by the Common Pleas Court of Auglaiza County, Ohio of
possessing or having under his control an hallucinogen, to wit:
cannabis, commonly known as marijuana, contrary to Section 3719.41
of the Revised Code of Ohio. Another specification concerning a
narcotic drug law violation conviction by the County Court of
Hamilton, New York on 18 September 1970 was found not proved
because the copy of the conviction introduced in evidence had not
been duly certified as required by 46 CFR 5.20-105(a).
At the hearing, Appellant was represented by counsel and
entered a plea of not guilty to the charge and specification.
With respect to the Ohio conviction the Investigating Officer
introduced in evidence a duly certified copy of the Journal Entry
for Case No. 5278 filed 18 January 1972 in the Common Pleas Court
of Auglaize County, Ohio. A duly certified copy of the indictment
was also introduced. | Appeal No. 2095 | Suspension and Revocation Appeals Authority | 2/25/1977 | 2/25/1977 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2208 - ROGERS | This appeal has been taken in accordance with Title 46 United
States Code 239b and Title 46 Code of Federal Regulations 5.30-1.
By order dated 4 January 1979, an Administrative Law Judge of
the United States Coast Guard at Jacksonville, Florida, after a
hearing at Miami, Florida, on 21 November 1978, revoked Appellant's
license upon finding hum guilty of conviction for a Narcotic Drug
Law violation. The specification found proved alleges that
Appellant,while the holder of the captioned document, was convicted
on 23 November 1977, of possession of narcotics, to wit, marijuana,
by the Hampton District Court, Hampton, New Hampshire.
At the hearing, Appellant was represented by professional
counsel. Appellant entered a plea of not guilty to the charge and
specification.
The Investigation Officer introduced into evidence one
document.
In defense, Appellant introduced into evidence one document.
Subsequent to the hearing, the Administrative Law Judge entered a written decision in which he concluded that the charge
and specification as alleged had been proved. He then entered an
order of revocation.
The written decision was served on 27 January 1979. Appeal
was timely filed on 22 January 1979, and perfected on 2 April 1979. | Appeal No. 2208 | Suspension and Revocation Appeals Authority | 5/20/1980 | 5/20/1980 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2179 - COOPER | This appeal has been taken in accordance with Title 46 United
States code 239b and Title 46 Code of Federal Regulations 5.30-1.
By order dated 8 December 1977, an Administrative Law Judge of
the United States Coast Guard at New York, New York, after a
hearing at New York, New York, on 8 and 26 September and 3 and 18
October 1977, revoked Appellant's document upon finding him guilty
of conviction for a narcotic drug law violation. The specification
found proved alleges that Appellant was convicted on 22 February
1977, in the criminal court of the City of New York, a court of
record, of a violation of the Narcotic Drug Laws of the State of
New York, to wit, section 220.03 of the Penal Law of the State of
New York.
At the hearing, Appellant was represented by professional
counsel. Appellant entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced into evidence four
documents.
Appellant offered no evidence in defense.
On 8 December 1977, the Administrative Law Judge entered a
written decision in which he concluded that the charge and
specification as alleged had been proved. He then entered an order
of revocation. | Appeal No. 2179 | Suspension and Revocation Appeals Authority | 1/3/1980 | 1/3/1980 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2116 - BAGGETT | This appeal has been taken in accordance with Title 46 United
States Code 239b and Title 46 Code of Federal Regulations 5.30-1.
By order dated 8 November 1976, 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 a First Class Pilot on
board the SS PHILLIPS WASHINGTON under authority of the license
captioned above, on or about 31 January 1976, Appellant failed to
keep clear of overtaken vessels as required by the Inland Rules of
the Road, thereby contributing to a collision between SS PHILLIPS
WASHINGTON, the tug D.T. SHERIDAN, and the barge SEA STAR.
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 four witnesses and eighteen documentary exhibits.
In defense, Appellant offered in evidence his own testimony,
the testimony of seven witnesses and seven documentary exhibits. | Appeal No. 2116 | Suspension and Revocation Appeals Authority | 4/11/1978 | 4/11/1978 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2252 - BOYCE | This appeal has been taken in accordance with Title 46
U.S.C.239(g) and 46 CFR 5.30-1.
By order dated 12 October 1979, an Administrative Law Judge of
the United States Coast Guard at New York, New York, revoked
Appellant's seaman's document upon finding him guilty of
misconduct. The specification found proved alleged that while
serving as Able Bodied Seaman on board SS AMERICAN CHARGER under
authority of the document above captioned, on or about 16 October
1978, Appellant, while said vessel was in the port of San Diego,
California, wrongfully had in his possession narcotics.
The hearing was held at New York, New York on 3 January and
continued through 9 August 1979.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced in evidence the testimony
of one witness, a deposition, and three documentary exhibits.
In defense, Appellant offered no evidence, but did submit a
Memorandum of Law.
After the hearing, the Administrative Law Judge rendered a
written decision in which he concluded that the charge and specification had been proved. He then served a written order on
Appellant revoking all documents issued to Appellant.
The entire decision was served on 15 October 1979. Appeal was
timely filed on 9 November 1979 and perfected on 7 February 1980. | Appeal No. 2252 | Suspension and Revocation Appeals Authority | 6/10/1981 | 6/10/1981 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2380 - HALL | This appeal has been taken in accordance with Title 46
U.S.C.7702 (b) and 46 CFR 5.30-1.
By order dated 10 February 1984, an Administrative Law Judge
of the United States Coast Guard at St. Louis, Missouri, suspended
Appellant's mariner's license for two months, plus three months on
twelve months' probation, upon finding him guilty of negligence.
The specification found proved alleges that while serving as
Operator on board the M/V LOUIS FRANK, under the authority of the
above captioned license, at or about 2330, 25 April 1983, Appellant
did cause his tow to allide with the Florence Highway Bridge at
Mile 56.0 of the Illinois River.
The hearing was held at St. Louis, Missouri, on 2-3 June 1983.
At the hearing, Appellant was represented by professional counsel
and entered a plea of not guilty to the charge and specification.
The Investigating Officer introduced in evidence two
documentary exhibits and the testimony of two witnesses. | Appeal No. 2380 | Suspension and Revocation Appeals Authority | 2/8/1985 | 2/8/1985 | | 12/7/2017 |
| Suspension and Revocation Appeals Authority | 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 | 2288 - GAYNEAUX | This appeal has been taken in accordance with Title 46, United
States Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 10 February 1982, and Administrative Law Judge
of the United States Coast Guard at Galveston, Texas suspended
Appellant's license and Merchant Mariner's Document for one month
plus an additional two months on twelve months' probation upon
finding him guilty of negligence. The specification found proved
alleges that, while serving as operator of the M/V OSASGE, under
authority of the documents above captioned, on or about 17 October
1981, the Appellant failed to properly navigate said vessel within
the confines of the Gulf Intracoastal Waterway, resulting in damage
to an aid to navigation, at or near North Deer Island, near mile
360 and the Galveston Freeport Intracoastal Waterway Range F, front
light.
By separate order of 17 February 1982, the Administrative Law
Judge authorized a temporary license and document pending
disposition of the appeal. Issuance pursuant to this order was
effected by the Marine Inspection Office, U.S. Coast Guard, Port
Arthur, Texas on 17 February 1982. | Appeal No. 2288 | Suspension and Revocation Appeals Authority | 2/24/1983 | 2/24/1983 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2125 - COPLEY | This appeal has been taken in accordance with Title 46, United
States Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 6 July 1977, an Administrative Law Judge of the
United States Coast Guard at Long Beach, California revoked
Appellant's merchant mariner's document and Third Mate's License
upon finding him physically incompetent. The specification found
proved alleges that while serving as Mate aboard the United States
F/V ELSINORE under authority of the license above-captioned from 18
September 1976 until 28 October 1976 and on the date of the charge
sheet, Appellant was physically incompetent, in that he was not
possessed of the normal color sense.
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 Honesto S. TAJUNA, First Class Hospital Corpsman, USCG. He also
introduced documentary exhibits as follows: Exhibits 1A and 1B
(excerpts from Coast Guard Medical Manual, (CG-294) Section 3C,
pages 43 and 44); exhibits 3A and 3B (SF FORM 88, Report of Medical
Examination for Appellant dated 31 August 1976). | Appeal No. 2125 | Suspension and Revocation Appeals Authority | 6/20/1978 | 6/20/1978 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2262 - SHERMAN | This appeal has been taken in accordance with Title 46, United
States Code 239(g) and Title 46, Code of Federal Regulations
5.30-1.
By order dated 30 June 1980, an Administrative Law Judge of
the United States Coast Guard at Boston, Massachusetts, suspended
Appellant's license and document for two months, upon finding him
guilty of misconduct. The single specification found proved
alleges that while serving as Master on board the United States M/V
OCEAN PRINCE, O.N. 276461, under authority of the document and
license above captioned, on or about 1545, on 10 March 1980,
Appellant wrongfully failed to notify the nearest Marine Inspection
Office as soon as possible of the collision of the Tank Barge
HYGRADE 42, O.N. 515005 with the fender system of the Brightman
Street Bridge in the Taunton River, causing damage in excess of
fifteen hundred ($1500) dollars, as required by 46 CFR 4.05-1.
The hearing was held at Providence, Rhode Island, on 25 March
and 14 April 1980.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and specification. | Appeal No. 2262 | Suspension and Revocation Appeals Authority | 8/31/1981 | 8/31/1981 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2263 - HESTER | This appeal has been taken in accordance with Title 46, United
States Code 239(g) and Title 46, Code of Federal Regulations
5.30-1.
By order dated 31 October 1979, an Administrative Law Judge of
the United States Coast Guard at San Francisco, California,
suspended Appellant's seaman's document for nine months, plus three
months on twelve months' probation, upon finding him guilty of
misconduct. four specifications were alleged to support the
amended charge:
First Specification: In that [Appellant], while serving as
able Bodied Seaman aboard SS TRANSCOLORADO under authority of the
captioned document, did not or about the 25th of February 1978,
while said vessel was in the port of Liverpool, England, wrongfully
assault and batter a fellow crewmember, Mr. Gerald R. Drayney.
Second Specification: In that [Appellant], while serving as
Able Seaman aboard the SS SANTA MARIA, under authority of the
captioned document did on or about 4 November 1978, while said
vessel was at sea, wrongfully fail to perform his duties properly
due to intoxication.
Third Specification: In that [Appellant], while serving on
the SS SANTA MARIA, did on or about 4 November 1978, fail to obey
a lawful order of the Master. | Appeal No. 2263 | Suspension and Revocation Appeals Authority | 9/8/1981 | 9/8/1981 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2120 - MCLAUGHLIN | This appeal has been taken in accordance with Title 46, United
States Code, Section 239b, and Title 46, Code of Federal
Regulations, Section 5.30-1.
By order dated 11 May 1977, an Administrative Law Judge of the
United States Coast Guard, at Tampa, Florida, revoked Appellant's
seaman documents upon finding him guilty of the charge of
"conviction of a narcotic drug law violation." The specification
found proved alleges that, while being the holder of the above
captioned document, on or about 7 June 1974, Appellant was
convicted of a violation of Florida Statute 893.13(1)(e) in the
Circuit Criminal Justice Court of Hillsborough County, Florida, for
violation of a narcotic drug law.
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 into evidence a certified
copy of the Judgement of conviction for a narcotic drug law
violation entered in Case No. 74-445 in the Circuit Criminal
Justice Court of Hillsborough County, Florida, dated 7 June 1974.
Following the introduction of the court records, Appellant
made a statement on his own behalf under oath.
At the end of the hearing, the Administrative Law Judge
rendered a decision in which he concluded that the charge and specification had been proved by plea. He then entered an order
revoking all documents issued to Appellant. | Appeal No. 2120 | Suspension and Revocation Appeals Authority | 4/19/1978 | 4/19/1978 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2182 - WILLIAMS | This appeal has been taken in accordance with Title 48 United
States Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 2 August 1977, an Administrative Law Judge of
the United States Coast Guard at Boston, Massachusetts, after a
hearing at Boston, Massachusetts, on 31 May 1977, revoked
Appellant's document upon finding him guilty of misconduct. The
four specifications of the charge of misconduct found proved allege
(1) that Appellant while serving as Pumpman aboard SS AMERICAN
EAGLE, under authority of the captioned document, was, on or about
12 and 13 May 1977, under the influence of liquor on board said
vessel while at sea; (2) that Appellant, while serving as
aforesaid, did on or about 12 and 13 May 1977, disobey a lawful
order of the Master of said vessel, to wit, ship's standing order
number 7; (3) that Appellant, while serving as aforesaid, did, on
or about 12 May 1977, place his hand on the "private parts" of
cremember Cadet James Doherty; and (4) that Appellant, while
serving as aforesaid, did on or about 12 May 1977, make lewd and
obscene comments to a crewmember, Cadet James Doherty.
Appellant did not appear and was not represented at the
hearing, which was held in absentia.
The Investigating Officer introduced into evidence the
testimony of three witnesses, and eight documents.
Subsequent to the hearing, the Administrative Law Judge and all specification as alleged had been proved. He then entered
an order of revocation.
The decision was served on 28 November 1977. Appeal was
timely filed on 8 December 1977. | Appeal No. 2182 | Suspension and Revocation Appeals Authority | 2/22/1980 | 2/22/1980 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2404 - MCALLISTER | This appeal has ben taken in accordance with 46 U.S.C. 7702
and 46 CFR 5.30-1.
By order dated 17 August 1984, an Administrative Law Judge of
the United States Coast Guard at New York, New York admonished
Appellant upon finding proved the charge of negligence. The
specification found proved alleges that Appellant, while serving as
operator on board the Tug MARJORIE B. McALLISTER under the
authority of the license above captioned, on or about 9 January
1983 while the tug was pushing the loaded T/B McALLISTER 80,
negligently failed to navigate with due caution resulting in the
grounding of the T/B McALLISTER 80 at Diamond Reef, Hudson River,
New York, resulting in a gasoline spill into the Hudson River.
The hearing was held at New York, New York, on various dates
between May 18, 1983 and August 15, 1984.
At the hearing Appellant was represented by professional
counsel, and entered a plea of not guilty to the charge and
specification. | Appeal No. 2404 | Suspension and Revocation Appeals Authority | 9/9/1985 | 9/9/1985 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 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 | 2213 - RAINES | This appeal has ben taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 20 February 1979, an Administrative Law Judge
of the United States Coast Guard at New York, New York, after a
hearing at Philadelphia, Pennsylvania, on 12 February 1979, revoked
Appellant's document upon finding him guilty of misconduct. The
single specification of misconduct found proved alleges that
Appellant, while serving as wiper aboard SS SAN ANTONIO, under
authority of the captioned document, did, on 6 September 1977,
while said vessel was at sea, wrongfully assault and batter with
his fists a member of the crew, Harold C. Wolfe.
At the hearing, Appellant represented himself. Appellant
entered a plea of not guilty to the charge and specification.
The Investigating Officer introduced into evidence two
documents, including a copy of four pages of the official logbook
of SS SAN ANTONIO.
In defense, Appellant introduced into evidence two
certificates of discharge from vessels on which Appellant sailed
subsequent to his discharge from SS SAN ANTONIO.
Subsequent to the hearing, the Administrative Law Judge
entered a written decision in which he concluded that the charge
and specification as alleged had been proved. He then entered an order of revocation.
The decision was served on 3 March 1979. Appeal was timely
filed on 28 March 1979. | Appeal No. 2213 | Suspension and Revocation Appeals Authority | 5/23/1980 | 5/23/1980 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2633 - MERRILL | This appeal is taken by the United States Coast Guard (Appellant) in accordance with 46 U.S.C. § 7702, 46 U.S.C. § 7704, 46 CFR § 5.701, and 33 CFR Part 20. By a Decision and Order dated November 1, 2000, an Administrative Law Judge (ALJ) of the United States Coast Guard at New Orleans, Louisiana dismissed Appellant’s complaint against Randal D. Merrill (Respondent) after finding not proved a violation of use of a dangerous drug as set forth in 46 U.S.C. § 7704. The ALJ determined that Respondent’s injury, discussed more fully below, could not be categorized as either a marine casualty or a serious marine incident and was, therefore, not within the scope of 46 CFR Part 16.1 Accordingly, the ALJ determined that Respondent’s employer lacked the authority to require Respondent to submit to a drug test. [Decision and Order (D&O) dated November 1, 2000, page 7] Although the hearing was completed and all evidence was presented and placed in the record, the ALJ did not consider evidence of Respondent’s positive test result after making his initial conclusion that Respondent’s sample did not fall within the scope of the Coast Guard’s drug testing regulations. Upon determining that “[t]he drug testing of Mr. Merrill on 11 November 1999 was not in accord with U.S. Coast Guard regulations for chemical testing of mariners as set forth in 46 CFR, Part 16” [D&O at 4], the ALJ summarily concluded his analysis and did not reach the penultimate issue of whether Respondent was a user of dangerous drugs.
PROCEDURAL HISTORY | Appeal No. 2633 | Suspension and Revocation Appeals Authority | 9/3/2002 | 9/3/2002 | | 11/28/2017 |
| Suspension and Revocation Appeals Authority | 1804 - SOUZA | This appeal is taken in accordance with 46 CFR 137.25-15 from
an order of an Examiner at Long Beach, California, dated 1 October
1969, denying Appellant's petition to reopen a hearing terminated
by the Examiner's decision dated 25 September 1969, served on 26
September 1969. The petition to reopen the hearing tolled the
running of the 30 day period for filing appeal. 46 CFR
137.25-10(i). The petition was correctly addressed to the Examiner
who heard the case because no notice of appeal from his decision
had been filed. 46 CFR 137.25-1(b).
In considering this appeal from the Examiner's denial of the
petition to reopen, I will consider only the issue raised by the
petition. 46 CFR 137.25-15(a).
The hearing in this case was held with Appellant appearing
without counsel, after proper advice as to his right to counsel.
Two persons testified at the hearing, one a witness for the
Investigating Officer, the other Appellant himself in his own
behalf.
The petition to reopen submitted to the Examiner provided two
affidavits, one from the Investigating Officer's witness, and one from Appellant himself. There is an appearance that the affidavit
from the Investigating Officer's witness is in some respects
different from the testimony given before the Examiner.
It is obvious that Appellant's affidavit cannot contain newly
discovered evidence. What Appellant knows and can testify to now
he knew and could have testified to at the time of hearing. The
proferred testimony, by way of affidavit, of the witness who
appeared at the hearing, is said to be "newly discovered evidence"
because it was elicited only after "proper interrogation by an
attorney," while Appellant was unable to elect the answers at
hearing before the Examiner because he was not an attorney. | Appeal No. 1804 | Suspension and Revocation Appeals Authority | 7/24/1970 | 7/24/1970 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 2670 - WAIN | 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 May 4, 2004, Judge Joseph
N. Ingolia, the Chief Administrative Law Judge (hereinafter "Chief ALJ") of the United
States Coast Guard, at Baltimore, Maryland, revoked the merchant mariner credentials
(merchant mariner document and STCW Certificate) of Mr. Mark Glen Wain (hereinafter
"Respondent") upon finding proved two charges of misconduct. The first specification
found proved alleged that on September 25, 2002, Respondent, while serving in a deck
maintenance crew position aboard the MN SEA LAND EXPLORER, disobeyed the
master's order to report aboard the vessel for its scheduled departure in Okinawa, Japan.
The second specification found proved alleged that on July 9, 2003, Respondent, while
applying for duplicate merchant mariner credentials, submitted a fraudulent application
that failed to fully disclose Respondent's conviction history. | Appeal No. 2670 | Suspension and Revocation Appeals Authority | 10/27/2007 | 10/27/2007 | | 11/28/2017 |
| Suspension and Revocation Appeals Authority | 2659 - DUNCAN | This appeal is taken in accordance with 46 U.S.C. * 7703, 46 C.F.R. ~ 5.27 and
the procedures set forth in 33 C.F.R. Part 20.
By a Decision and Order (hereinafter "D&O") dated March 15, 2005, an
Administrative Law Judge (hereinafter "ALJ") of the United States Coast Guard at
Alameda, California, revoked the license of Mr. Edward A. Duncan (hereinafter
"Respondent") upon finding proved a charge of misconduct. The specification found
proved alleged that on September 29, 2004, Respondent, while serving as master of the
tug KLICKITAT, wrongfully operated the vessel with a blood alcohol concentration
(hereinafter "BAC") of 0.04 or higher, a prohibited action under 33 C.F.R. * 95.020. | Appeal No. 2659 | Suspension and Revocation Appeals Authority | 9/15/2006 | 9/15/2006 | | 11/28/2017 |
| Suspension and Revocation Appeals Authority | 2663 - LAW | This appeal is taken in accordance with 46 U.S.C. § 7701 el seq., 46 C.F.R. Part 5, and the procedures in 33 C.F.R. Part 20.
By a Decision and Order (hereinafter "D&O") dated July 8, 2005, an Administrative Law Judge (hereinafter "AU") of the United States Coast Guard at New Orleans, Louisiana, suspended the merchant mariner credentials issued to Mr. George L.
Law, Jr. (hereinafter "Respondent") for six months upon finding proved a charge of misconduct. The misconduct charge alleged that while performing official matters associated with his mariner credentials (applying for renewal of his merchant mariner
license, issuance of a duplicate merchant mariner document and issuance of an original Seafarer's Training, Certification and Watch keeping certificate), Respondent failed to disclose a criminal conviction in his application package in violation of 46 C.F.R. § 10.201 (h). Although the Coast Guard asserted that revocation was the mandatory sanction in cases involving fraud in the procurement of a mariner credential, the ALJ
imposed a sanction of six months suspension. | Appeal No. 2663 | Suspension and Revocation Appeals Authority | 8/6/2007 | 8/6/2007 | | 11/28/2017 |
| Suspension and Revocation Appeals Authority | 2652 - MOORE | This appeal is taken in accordance with 46 U.S.C. § 7701 et seq., 46 C.F.R. § 5,
and the procedures set forth in 33 C.F.R. § 20.
By a Decision and Order (D&O) dated July 31, 2003, an Administrative Law
Judge ("ALJ") of the United States Coast Guard at New Orleans, Louisiana, revoked
Michael Steven Moore's (Respondent's) merchant mariner document upon finding
proved a charge of misconduct. The charge was based on a single specification of Failure
to Obey Law or Regulation in violation of 46 U.S.C. § 7703 and 46 C.F.R. § 5.33 for
Respondent's refusal to submit to random drug testing requested on three separate
occasions in September of 2002. | Appeal No. 2652 | Suspension and Revocation Appeals Authority | 2/11/2005 | 2/11/2005 | | 11/28/2017 |
| Suspension and Revocation Appeals Authority | 2691 - JORY | 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 December 5, 2008, Judge
Bruce T. Smith, an Administrative Law Judge (hereinafter "ALJ") of the United States
Coast Guard at Mobile, Alabama, revoked the Merchant Mariner Credentials of Mr. Jack
Anthony Jory (hereinafter "Respondent") upon finding that the Coast Guard proved, by
substantial evidence, that Respondent was a security risk that posed a threat to the safety
or security of a vessel. The factual allegations supporting the Coast Guard's charge
allege that "[o]n November 3, 2008, the Respondent did threaten the life of Jeff
Cunningham, Master of the MN SEA FOX .. .in violation of 46 USCA 7703(5)."
FACTS AND PROCEDURE
At all times relevant herein, Respondent was the holder of the Coast Guard issued
Merchant Mariner Credentials at issue here. [D&O at 3; Coast Guard Exhibit 1] | Appeal No. 2691 | Suspension and Revocation Appeals Authority | 12/22/2010 | 12/22/2010 | | 11/27/2017 |
| Suspension and Revocation Appeals Authority | 2655 - KILGROE | 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 4, 2004, an Administrative
Law Judge (hereinafter "ALJ") of the United States Coast Guard revoked the wiper endorsement
for John F. Kilgroe's (hereinafter "Respondent's") merchant mariner document upon finding
proved a charge of professional incompetence. The specification found proved alleged that from
January 10, 2003, to March 10, 2003, Respondent, while serving as a wiper aboard the USNS
SEAY was unable to safely perform his required duties. | Appeal No. 2655 | Suspension and Revocation Appeals Authority | 1/9/2006 | 1/9/2006 | | 11/28/2017 |
| Suspension and Revocation Appeals Authority | 2695 - AILSWORTH | 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 August 31, 2009, Michael J.
Devine, an Administrative Law Judge (hereinafter "ALJ") of the United States Coast
Guard, at Norfolk, Virginia, revoked the merchant mariner license of Mr. William Dea
Ailsworth (hereinafter "Respondent"), upon finding proved one charge of negligence and
two charges of violation of law or regulation. The first specification found proved
alleged that on January 11 , 2009, Respondent, the master of a towing vessel, grounded a
listing barge, the SL-119, and then caused it to sink on January 12, 2009, by negligently
removing it from its beached position on the shore before remedying the cause of the list.
The second specification found proved alleged that Respondent violated 46 C.F.R.
§ 4.05-10 by failing to submit a marine casualty report to the Coast Guard within five
days of the sinking. The third specification found proved alleged that Respondent
violated 46 C.F.R. § 4.05-1 by failing to notify the Coast Guard immediately of an occurrence materially affecting a vessel's seaworthiness when he failed to immediately
notify the Coast Guard of the list that caused him to ground the SL-119. The ALJ
dismissed a fourth specification alleging that Respondent wrongfully failed to comply
with a subpoena to appear.
APPEARANCES: Michael L. Donner, Sr., Esq., Hubbard, Terry & Britt, P.C. 293
Steamboat Road, Irvington, VA, 22480, for Respondent. The Coast Guard was
represented by LT Candice Casavant, LT Aidan Van Cleef, and LT Maria Wiener, U.S.
Coast Guard Sector Hampton Roads, 200 Granby Street, Suite 700, Norfolk VA, 23518. | Appeal No. 2695 | Suspension and Revocation Appeals Authority | 6/14/2011 | 6/14/2011 | | 11/27/2017 |
| Suspension and Revocation Appeals Authority | 2654 - HOWELL | 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 July 21, 2003, an
Administrative Law Judge (hereinafter "ALJ") of the United States Coast Guard at
Portland, Oregon, revoked Theodore Dale Howell's (hereinafter "Respondent's")
merchant mariner license upon finding proved a charge of violation of law or regulation.
The charge was based on two specifications: I) fai lure to conduct a safety orientation in
violation or 46 C.F.R. § 26.03-1; and, 2) failure to post safety instructions in violation of
46 C.F.R. § 26.03-2. | Appeal No. 2654 | Suspension and Revocation Appeals Authority | 11/14/2005 | 11/14/2005 | | 11/28/2017 |
| Suspension and Revocation Appeals Authority | 2656 - JORDAN | 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 March 2, 2004, an Administrative Law
Judge (hereinafter "ALJ") of the United States Coast Guard at Seattle, Washington,
revoked Michael W. Jordan's (hereinafter "Respondent") Merchant Mariner Document
upon finding proved a charge of misconduct.
The specification found proved alleged that Respondent committed misconduct
by refusing to take a pre-employment drug test properly requested by his employer. | Appeal No. 2656 | Suspension and Revocation Appeals Authority | 1/26/2006 | 1/26/2006 | | 11/28/2017 |
| Suspension and Revocation Appeals Authority | 2696 - CORSE | 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 a Default Order dated October 15,2010, Bruce T. Smith, an Administrative
Law Judge (hereinafter "ALJ") of the United States Coast Guard, revoked the Merchant
Mariner License of Mr. Brandon Scott Corse (hereinafter "Respondent") upon a finding
of default in a proceeding that alleged, as the basis for revocation, use of or addiction to
the use of dangerous drugs. The Complaint alleged that on January 23,2010,
Respondent submitted to a reasonable suspicion drug test and provided a urine sample
that tested positive for the presence of marijuana metabolites. | Appeal No. 2696 | Suspension and Revocation Appeals Authority | 7/18/2011 | 7/18/2011 | | 11/27/2017 |
| Suspension and Revocation Appeals Authority | 2658 - ELSIK | 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 two separate Orders, both dated April 6, 2004, an Administrative Law Judge
(hereinafter "ALJ") of the United States Coast Guard at New Orleans, Louisiana,
dismissed all allegations of the Coast Guard's Amended Complaint-one allegation of
negligence and two allegations of misconduct-against James Michael Elsik (hereinafter
"Respondent") with prejudice. The ALJ's first Order of April 6, 2004, entitled an "Order
Ruling on Respondent's Motion to Dismiss" dismissed both misconduct allegations, with
prejudice, and found, as a matter of law, that the Coast Guard could not maintain
allegations of misconduct based on violations of statutes for which criminal penalties
could be imposed. The ALJ's second Order of that date, entitled an "Order Ruling on
Respondent's Motion for Sanctions," dismissed the remaining allegation of negligence,
also with prejudice, as a remedy to Respondent for the Coast Guard's failure to respond
to Interrogatories ordered by the ALJ. | Appeal No. 2658 | Suspension and Revocation Appeals Authority | 5/17/2006 | 5/17/2006 | | 11/28/2017 |
| Suspension and Revocation Appeals Authority | 2668 - MERRILL | 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 on Remand (hereinafter "D&O on Remand") dated
January 13, 2003, an Administrative Law Judge (hereinafter "ALJ") of the United States
Coast Guard at New Orleans, Louisiana, revoked Mr. Merrill's (hereinafter
"Respondent's") license and document upon finding proved a charge of use of or
addiction to the use of dangerous drugs. The specification found proved alleged that
Respondent tested positive for cocaine metabolite as part of a drug screening conducted
on November 11, 1999. | Appeal No. 2668 | Suspension and Revocation Appeals Authority | 8/10/2007 | 8/10/2007 | | 11/28/2017 |
| Suspension and Revocation Appeals Authority | 2664 - SHEA | 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 25, 2005, an
Administrative Law Judge (hereinafter "ALJ") of the United States Coast Guard at
Honolulu, Hawaii, issued a decision revoking the merchant mariner credentials of
Mr. Patrick B. Shea, (hereinafter "Respondent") upon finding proved charges of both
misconduct and incompetence.
The first specification found proved alleged that Respondent committed
misconduct by abandoning his watch station, without a relief, while underway on the
SS EWA on December 18, 2003. The second specification found proved alleged that
Respondent was incompetent due to his suffering from bipolar disorder which caused him
to abandon his watch station on the SS EWA on December 18, 2003, and act in an
irrational manner, which resulted in Respondent being relieved of all duties and being
placed in restraints and confined to his quarters until the end of the vessel's voyage. | Appeal No. 2664 | Suspension and Revocation Appeals Authority | 8/7/2007 | 8/7/2007 | | 11/28/2017 |
| Suspension and Revocation Appeals Authority | 2657 - BARNETT | 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 May 13, 2003, an
Administrative Law Judge (hereinafter "ALJ") of the United States Coast Guard at New
Orleans, Louisiana, revoked Jay W. Barnett's (hereinafter "Respondent's") mariner
credentials upon finding proved a charge of use of a dangerous drug. The charge was
based on a single specification of use of, or addiction to the use of, dangerous drugs in
violation of 46 U.S.C. § 7704(c) and 46 C.F.R. § 5.35. The Complaint alleged that on
September 17, 2002, Respondent submitted to a random drug test and provided a urine
sample that tested positive for the presence of marijuana metabolites. | Appeal No. 2657 | Suspension and Revocation Appeals Authority | 5/17/2006 | 5/17/2006 | | 11/28/2017 |
| Suspension and Revocation Appeals Authority | 2645 - MIRGEAUX | 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 a Decision and Order (D&O) dated December 30, 2002, an Administrative
Law Judge (ALJ) of the United States Coast Guard at Seattle, Washington, revoked
Steven A. Mirgeaux's (Respondent's) above-captioned license upon finding proved a
charge of use of a dangerous drug.
The specification found proved alleged that Respondent tested positive for
amphetamine/methamphetamine as part of a random drug screening conducted on
April 2, 2002. | Appeal No. 2645 | Suspension and Revocation Appeals Authority | 4/5/2004 | 4/5/2004 | | 11/28/2017 |
| Suspension and Revocation Appeals Authority | 2647 - BROWN | 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 a Decision and Order (D&O) dated May 20, 2003, an Administrative Law Judge (ALJ) of the United States Coast Guard at New Orleans, Louisiana, revoked Joseph Ricardo Brown’s (Respondent’s) merchant mariner document upon finding proved a charge of use of or addiction to the use of dangerous drugs.
The specification found proved alleged that Respondent tested positive for marijuana metabolite as part of a random drug screening conducted on November 24, 2002. | Appeal No. 2647 | Suspension and Revocation Appeals Authority | 5/18/2004 | 5/18/2004 | | 11/28/2017 |
| Suspension and Revocation Appeals Authority | 2666 - SPENCE | 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 a Decision and Order (hereinafter "D&O") dated July 6, 2004, an
Administrative Law Judge (hereinafter "ALJ") of the United States Coast Guard at
Norfolk, Virginia, revoked the license of Mr. Bruce Allen Spence (hereinafter
"Respondent") upon finding proved one charge of violation of law or regulation and two
charges of misconduct.
The violation of law or regulation charge was based on the Coast Guard's
allegation that Respondent, while serving as Master of the MN COMMANDER,
submitted to a random alcohol test that revealed that Respondent had a Blood Alcohol
Concentration (hereinafter "BAC") of .176%. The misconduct charges were based on
allegations that Respondent wrongfully refused to submit to both a confirmation blood
alcohol test and a random drug test. | Appeal No. 2666 | Suspension and Revocation Appeals Authority | 8/7/2007 | 8/7/2007 | | 11/28/2017 |
| Suspension and Revocation Appeals Authority | 2625 - ROBERTSON | This appeal is taken in accordance with 46 U.S.C. § 7702 (b) and 46 C.F.R.
§ 5.701.1
By an order dated January 7, 1999, an Administrative Law Judge (ALJ) of the
United States Coast Guard, revoked Respondent’s license, captioned above, upon finding
proved a charge of Misconduct. The single specification supporting the charge of
Misconduct alleged that, Gary Lewis Robertson, “while serving as operator of the M/V
FRED JORGER, O.N. 642287, an uninspected towing vessel of more than 26 feet in
length, and acting under the authority of the above captioned license, did on May 6,
1998, wrongfully refuse to submit to a reasonable cause chemical test required by your
Marine Employer MEMCO Barge Line, Inc. of Cape Girardeau, Missouri. In that you submitted a urine sample that subsequently was found to have been adulterated, and thereby deemed a refusal by the Medical Review Officer.” [Trial Record (Tr.) at 8-13; Decision and Order (D&O) dated March 2, 1999, page 2]2 | Appeal No. 2625 | Suspension and Revocation Appeals Authority | 2/13/2002 | 2/13/2002 | | 11/28/2017 |
| Suspension and Revocation Appeals Authority | 2610 - BENNETT | This appeal is taken in accordance with 46 U.S.C. § 7702 and 46 C.F.R. § 5.607.
By a Decision and Order (“D&O”) dated January 28, 1998, the Chief Administrative Law Judge (ALJ) of the United States Coast Guard at Baltimore, Maryland declared the Master 1600 Gross Ton Inland license (“Master 1600”) of Mr. Walter J. Bennett (“Appellant”) void ab initio and suspended Appellant’s Master 500 Gross Ton Inland license (“Master 500”) for six months and thereafter placed Appellant on a twelve month probationary period based upon finding proved one specification of misconduct.
The specification for the charge of misconduct alleged that Appellant, while acting under the authority of his Master 500 license, did wrongfully, knowingly, and fraudulently submit and sign a letter that falsely claimed sea time that Appellant needed in order to qualify for an upgrade of his license (from Master 500 to Master 1600).
The suspension and revocation hearing was held on June 19 - 20, 1997, in Baltimore, Maryland. On March 16, 1998, Appellant filed a petition to reopen his hearing (“Petition”). On March 25, 1998 Appellant also filed an appeal (“Appeal”) to the Chief ALJ’s D&O. Appellant subsequently requested to amend that Appeal to add an additional argument and to include additional information that Appellant claimed was newly discovered evidence. By an order (“Order”) dated May 22, 1998, the Chief ALJ of the United States Coast Guard at Baltimore, Maryland denied the Appellant’s Petition. | Appeal No. 2610 | Suspension and Revocation Appeals Authority | 8/4/1999 | 8/4/1999 | | 11/28/2017 |