| Suspension and Revocation Appeals Authority | 2673 - MIKAN | UNITED STA TES OF AMERICA
DEPARTMENT OF HOMELAND SECURITY
UNITED STA TES COAST GUARD
UNITED ST A TES OF AMERICA
UNITED STA TES COAST GUARD
vs.
MERCHANT MARINER DOCUMENT
Issued to: MAUREEN ANN MIKAN
DECISION OF THE
VICE COMMANDANT
ON APPEAL
NO. 2 6 7 3
This appeal is taken in accordance with 46 USC§ 7701 et seq., 46 CFR Part 5,
and the procedures in 33 CFR Part 20.
By a Decision and Order (hereinafter "D&O") dated July 13, 2006, Judge
Anthony B. Canorro, an Administrative Law Judge (hereinafter "ALJ") of the United
States Coast Guard at Seattle, Washington, dismissed, without prejudice, the Coast
Guard's Complaint against Ms. Maureen Ann Mikan (hereinafter "Respondent") upon
determining that Respondent had voluntarily surrendered her merchant mariner document
on June 14, 2006.
PROCEDURAL HISTORY
On May 1, 2006, the Coast Guard issued a Complaint against, and sought
revocation of, Respondent's merchant mariner document alleging use of or addiction to
the use of dangerous drugs. [Complaint at 2, D&O at l] After an approved extension of
time in which to file her Answer, Respondent filed an Answer to the Complaint on June
19, 2006, wherein she admitted all jurisdictional allegations and agreed to the Coast
Guard's proposed order of revocation. (Answer at 1; D&O at 1] Thereafter, on June 14, | Appeal No. 2673 | Suspension and Revocation Appeals Authority | 1/28/2008 | 1/28/2008 | | 11/27/2017 |
| Suspension and Revocation Appeals Authority | 2674 - KOVALESKI | UNITED ST A TES OF AMERICA
DEPARTMENT OF HOMELAND SECURITY
UNITED STA TES COAST GUARD
UNITED STATES OF AMERICA
UNITED STATES COAST GUARD
vs.
MERCHANT MARINER LICENSE
Issued to: JASON WAYNE KOY ALESKI
DECISION OF THE
VICE COMMANDANT
ON APPEAL
NO. 26 7 4:
This appeal is taken in accordance with 46 USC§ 7701 et seq., 46 CFR Part 5,
and the procedures in 33 CFR Part 20.
By a Decision and Order (hereinafter "D&O") dated February 8, 2006, an
Administrative Law Judge (hereinafter "ALJ") of the United States Coast Guard at
Houston, Texas, revoked the merchant mariner license of Mr. Jason W. Kovaleski
(hereinafter "Respondent") upon finding proved a charge of conviction for a dangerous
drug law violation.
The specification found proved alleged that Respondent was convicted of
"Possession of Drug Paraphernalia" on August 13, 2002, by a Florida court.
PROCEDURAL HISTORY
On April 26, 2005, the Coast Guard issued a complaint against Respondent
alleging conviction of a dangerous drug law in that Respondent was convicted on August
13, 2002, in Panama City, Florida, of "Possession of Drug Paraphernalia." [Complaint at
2] On May 12, 2005, Respondent filed an Answer to the complaint on which he indicated | Appeal No. 2674 | Suspension and Revocation Appeals Authority | 1/28/2008 | 1/28/2008 | | 11/27/2017 |
| Suspension and Revocation Appeals Authority | 2675 - MILLS | UNITED STATES OF AMERICA
DEPARTMENT OF HOMELAND SECURITY
UNITED STATES COAST GUARD
UNITED STATES OF AMERICA
UNITED STA TES COAST GUARD
vs.
MERCHANT MARINER DOCUMENT
and
MERCHANT MARINER LICENSE
Issued to: HOW ARD C. MILLS
DECISION OF THE
VICE COMMANDANT
ON APPEAL
N0.26 7 5
This appeal is taken in accordance with 46 U.S.C. § 7701 et seq., 46 C.F.R. Part
5, and the procedures set forth in 33 C.F.R. Part 20.
By a Decision and Order (hereinafter "D&O") dated October 27, 2004, an
Administrative Law Judge (hereinafter "ALJ") of the United States Coast Guard
dismissed a Complaint against Mr. Howard C. Mills' (hereinafter "Respondent")
merchant mariner license and document upon finding the charges of violation of law or
regulation and misconduct not proved.
PROCEDURAL HISTORY
The Coast Guard filed its original Complaint against Respondent with the Coast
Guard ALJ Docketing Center on May 13, 2004. [D&O at 2] On June 7, 2004, the Coast
Guard filed an Amended Complaint (hereinafter "Complaint") which specifically
amended the factual allegations for the violation of law or regulation charge with the ALJ
Docketing Center. [Id.] Respondent's reply to the Complaint was received by the ALJ
Docketing Center on the same day. [Answer] In his Answer, although Respondent failed | Appeal No. 2675 | Suspension and Revocation Appeals Authority | 2/28/2008 | 2/28/2008 | | 11/27/2017 |
| Suspension and Revocation Appeals Authority | 2676 - PARKER | UNITED STATES OF AMERICA
DEPARTMENT OF HOMELAND SECURITY
UNITED STATES COAST GUARD
UNITED ST A TES OF AMERICA
UNITED ST ATES COAST GUARD
VS.
MERCHANT MARINER LICENSE &
MERCHANT MARINER DOCUMENT
Issued to: JOHN KENNETH PARKER
DECISION OF THE
VICE COMMANDANT
ON APPEAL
NO. 26 7 6
This appeal is taken in accordance with 46 U.S.C. § 7701 et seq., 46 C.F.R. Part 5,
and the procedures in 33 C.F.R. Part 20.
By an Order Denying Respondent's Motion to Set Aside Finding of Default
(hereinafter "D&O") dated November 8, 2005, Judge Walter J. Brudzinski, an
Administrative Law Judge (hereinafter "ALJ") of the United States Coast Guard at New
York, New York, upheld a previously issued Default Order suspending the merchant
mariner credentials of Mr. John Kenneth Parker (hereinafter "Respondent") for 12
months upon finding proved charges of negligence and violation of law or regulation.
The specifications found proved alleged that Respondent committed an act of
negligence and violated a law or regulation by violating a Safety and Security Zone while
serving as the master aboard the MN AURORA on March 4, 2005.
PROCEDURAL HISTORY
The instant case is the result of a Default Order issued by the ALJ. The
progression of the case is integral to a thorough understanding of the issue raised on
appeal. The case progressed as follows: | Appeal No. 2676 | Suspension and Revocation Appeals Authority | 2/28/2008 | 2/28/2008 | | 11/27/2017 |
| Suspension and Revocation Appeals Authority | 2677 - WALKER | UNITED STATES OF AMERICA
DEPARTMENT OF HOMELAND SECURITY
UNITED STATES COAST GUARD
UNITED STATES OF AMERICA : DECISION OF THE
UNITED STATES COAST GUARD :
: VICE COMMANDANT
vs. :
: ON APPEAL
:
MERCHANT MARINER DOCUMENT : NO: 2677
:
:
:
Issued to: CHARLES EUGENE WALKER :
This appeal is taken in accordance with 46 U.S.C. § 7701 et seq., 46 C.F.R.
Part 5, and the procedures set forth in 33 C.F.R. Part 20.
By a Decision and Order (hereinafter “D&O”) dated January 30, 2007, the Chief
Administrative Law Judge (hereinafter “CALJ”) of the United States Coast Guard
granted the Coast Guard’s Motion for Default and ordered the suspension of the
Merchant Mariner Document of Mr. Charles Eugene Walker (hereinafter “Respondent”)
upon finding that Respondent failed to answer a Complaint properly filed by the Coast
Guard.
PROCEDURAL HISTORY
On November 1, 2006, the United States Coast Guard (hereinafter “Coast Guard”)
issued a Complaint against Respondent’s merchant mariner document alleging a single
specification of misconduct. [Complaint at 1] Pursuant to 46 U.S.C. § 7704(1)(b), the
Coast Guard sought the outright suspension of Respondent’s merchant mariner license
for a period of 15 days, followed by a probationary suspension period. [Id. at 2] The
Complaint and specification alleged that Respondent, while the holder of a merchant | Appeal No. 2677 | Suspension and Revocation Appeals Authority | 3/20/2008 | 3/20/2008 | | 11/27/2017 |
| Suspension and Revocation Appeals Authority | 2678 - SAVOIE | UNITED STATES OF AMERICA
DEPARTMENT OF HOMELAND SECURITY
UNITED STATES COAST GUARD
UNITED STATES OF AMERICA : DECISION OF THE
UNITED STATES COAST GUARD :
: VICE COMMANDANT
vs. :
: ON APPEAL
Merchant Mariner License :
and : NO.: 2678
Merchant Mariner Document :
:
:
Issued to: WAYNE SAVOIE :
This appeal is taken in accordance with 46 USC § 7701 et seq., 46 CFR Part 5,
and the procedures in 33 CFR Part 20.
By a Decision and Order (hereinafter “D&O”) dated June 10, 2005, an
Administrative Law Judge (hereinafter “ALJ”) of the United States Coast Guard at New
Orleans, Louisiana, suspended the merchant mariner credentials of Mr. Wayne Savoie
(hereinafter “Respondent”) for a period of four months upon finding proved a charge of
conviction for a dangerous drug law violation. The Complaint alleged that on August
30, 2004, Respondent pleaded guilty to, and was convicted of, “Possession of Cocaine”
in a Louisiana court. | Appeal No. 2678 | Suspension and Revocation Appeals Authority | 3/20/2008 | 3/20/2008 | | 11/27/2017 |
| Suspension and Revocation Appeals Authority | 2679 - DRESSER | UNITED STATES OF AMERICA
DEPARTMENT OF HOMELAND SECURITY
UNITED STATES COAST GUARD
UNITED STATES OF AMERICA : DECISION OF THE
UNITED STATES COAST GUARD :
: VICE COMMANDANT
vs. :
: ON APPEAL
MERCHANT MARINER DOCUMENT :
and : No. 2679
MERCHANT MARINER LICENSE :
:
:
Issued to: CHRISTOPHER J. DRESSER :
This appeal is taken in accordance with 46 U.S.C. § 7701 et seq., 46 C.F.R.
Part 5, and the procedures set forth in 33 C.F.R. Part 20.
By a Decision and Order (hereinafter “D&O”) dated June 14, 2005, an
Administrative Law Judge (hereinafter “ALJ”) of the United States Coast Guard at New
York, New York, revoked Respondent’s merchant mariner credentials upon finding
proved a charge of use of a dangerous drug. The single specification supporting the
charge alleged that on November 13, 1997, Respondent had marijuana metabolites
present in his body as was revealed through a pre-employment drug test.
PROCEDURAL HISTORY
The initial hearing was held in New Orleans, Louisiana on April 29, June 11, 12,
and 24, 1998, before The Honorable Archie R. Boggs, ALJ, now retired, who found the
charge proved. Respondent appealed the decision alleging several errors. In particular,
Respondent argued that the ALJ was disqualified because he had an ex parte | Appeal No. 2679 | Suspension and Revocation Appeals Authority | 4/2/2008 | 4/2/2008 | | 11/27/2017 |
| Suspension and Revocation Appeals Authority | 2680 - MCCARTHY | UNITED STATES OF AMERICA
DEPARTMENT OF HOMELAND SECURITY
UNITED STATES COAST GUARD
UNITED STATES OF AMERICA : DECISION OF THE
UNITED STATES COAST GUARD :
: VICE COMMANDANT
vs. :
: ON APPEAL
:
: NO. 2680
MERCHANT MARINER LICENSE :
:
:
Issued to: JOHN C. McCARTHY, III :
This appeal is taken in accordance with 46 U.S.C. § 7701-7705, 46 C.F.R. Part 5,
and the procedures in 33 C.F.R. Part 20.
By a bifurcated Decision and Order dated November 29, 2006 (hereinafter “D&O
I”), and December 28, 2006 (hereinafter “D&O II”), Judge Peter A. Fitzpatrick, an
Administrative Law Judge (hereinafter “ALJ”) of the United States Coast Guard at
Norfolk, Virginia, found that Mr. John C. McCarthy (hereinafter “Respondent”) had
committed acts of negligence and misconduct and ordered that Respondent’s merchant
mariner license be suspended, outright, for eight months followed by a suspension of
twelve months stayed on twelve months probation.
The specification supporting the negligence charge alleged that Respondent
operated the T/V CHARLESTON negligently by exceeding the minimum safe speed in
Savannah Harbor on March 14, 2006. The specification supporting the misconduct
charge alleged that Respondent violated 33 C.F.R. § 162.65(b)(3) by proceeding at a | Appeal No. 2680 | Suspension and Revocation Appeals Authority | 4/8/2008 | 4/8/2008 | | 11/27/2017 |
| Suspension and Revocation Appeals Authority | 2681 - ROGERS | UNITED STATES OF AMERICA
DEPARTMENT OF HOMELAND SECURITY
UNITED STATES COAST GUARD
UNITED STATES OF AMERICA : DECISION OF THE
:
UNITED STATES COAST GUARD :
: VICE COMMANDANT
vs. :
: ON APPEAL
MERCHANT MARINER LICENSE :
: NO. 2681
:
:
Issued to: MURRAY RANDALL ROGERS :
This appeal is taken in accordance with 46 U.S.C. § 7701 et seq., 46 C.F.R. Part
5, and the procedures in 33 C.F.R. Part 20.
By an “Order Ruling on Proposed Sanctions Based on Non-Compliance with
Subpoena” dated March 25, 2005, (hereinafter “D&O”), an Administrative Law Judge
(hereinafter “ALJ”) of the United States Coast Guard at New Orleans, Louisiana,
dismissed the Coast Guard’s Complaint alleging both misconduct and violation of law or
regulation against Murray Randall Rogers (hereinafter “Respondent”), with prejudice.
The ALJ’s dismissal of the case, an unprecedented action in Coast Guard Suspension and
Revocation proceedings, was ordered as a remedy to Respondent for the Coast Guard’s
failure to comply with a subpoena for discovery of documents issued to the Investigating
Officer (hereinafter “I.O.”) by the ALJ. | Appeal No. 2681 | Suspension and Revocation Appeals Authority | 4/30/2008 | 4/30/2008 | | 11/27/2017 |
| Suspension and Revocation Appeals Authority | 2682 - REEVES | UNITED STATES OF AMERICA
DEPARTMENT OF HOMELAND SECURITY
UNITED STATES COAST GUARD
UNITED STATES OF AMERICA : DECISION OF THE
:
UNITED STATES COAST GUARD : COMMANDANT
:
vs. : ON APPEAL
:
MERCHANT MARINER DOCUMENT : NO. 2682
:
:
:
Issued to: ARLAN T. REEVES :
This appeal is taken in accordance with 46 U.S.C. § 7701 et seq., 46 C.F.R. Part
5, and the procedures set forth in 33 C.F.R. Part 20.
By an “Order Granting Coast Guard’s Motion for Default and Order of
Revocation” (hereinafter “Default Order”) dated April 5, 2007, Coast Guard
Administrative Law Judge (hereinafter “ALJ”) Anthony B. Canorro, revoked the
Merchant Mariner Document (hereinafter “MMD”) of Mr. Arlan T. Reeves (hereinafter
“Respondent”) upon a finding of default in a proceeding that alleged use of or addiction
to the use of dangerous drugs. The Complaint from which the Default Order resulted
alleged that on October 19, 2006, Respondent submitted to a post accident drug test and
provided a urine sample that tested positive for the presence of cocaine metabolites. | Appeal No. 2682 | Suspension and Revocation Appeals Authority | 5/8/2008 | 5/8/2008 | | 11/27/2017 |
| Suspension and Revocation Appeals Authority | 2683 - DESIMONE | UNITED STATES OF AMERICA
DEPARTMENT OF HOMELAND SECURITY
UNITED STATES COAST GUARD
UNITED STATES OF AMERICA
UNITED STATES COAST GUARD
VS.
MERCHANT MARINER LICENSE
Issued to: MICHAEL G. DESIMONE
DECISION OF THE
VICE COMMANDANT
ON APPEAL
N026S3
This appeal is taken in accordance with 46 U.S.c. § 7701 el seq., 46 C.F.R. Part 5,
and 33 C.F.R. Part 20.
By a Decision and Order dated July 8, 2005 (hereinafter "D&O"), Judge Walter J.
Brodzinski, an Administrative Law Judge (hereinafter "All") of the United States Coast
Guard at New York, New York, revoked the merchant mariner license of Mr. Michael G.
DeSimone (hereinafter "Respondent") upon finding proved a charge of misconduct. The
specification alleged that Respondent was convicted of violating a dangerous drug law of
the State ofNew York within 10 years of the initiation of the Coast Guard suspension and
revocation proceedings. | Appeal No. 2683 | Suspension and Revocation Appeals Authority | 11/6/2009 | 11/6/2009 | | 11/27/2017 |
| Suspension and Revocation Appeals Authority | 2684 - SCARBOUGH | UNITED STATES OF AMERICA
DEPARTMENT OF HOMELAND SECURITY
UNITED STATES COAST GUARD
UNITED STATES OF AMERICA
UNITED STATES COAST GUARD
vs.
DECISION OF THE
VICE COMMANDANT
ON APPEAL
MERCHANT MARINER LICENSE
Issued to: JAMES C. SCARBOUGH
NO.
1
2.684
This appeal is taken in accordance with 46 U.S.C. § 7701 et seq., 46 C.F.R. Part 5,
and the procedures set forth in 33 C.F.R. Part 20.
By an Order Approving Settlement Agreement and Denying Respondent's
Request to Set Aside Settlement Agreement dated October 25, 2007, an Administrative
Law Judge (hereinafter "ALl") of the United States Coast Guard approved a Settlement
Agreement between the Respondent and the Coast Guard in which Respondent's
Merchant Mariner License was suspended for one month following his admission of all
jurisdictional and factual allegations in the Complaint alleging violation of law or
regulation. Respondent subsequently perfected an appeal of the Settlement Agreement
on December 21, 2007, claiming he was coerced to enter into the Settlement Agreement.
I have learned that subsequent to the filing of his appeal, based on information from
Coast Guard Sector Guam and Respondent's counsel of record, that Respondent is deceased. | Appeal No. 2684 | Suspension and Revocation Appeals Authority | 12/6/2009 | 12/6/2009 | | 11/27/2017 |
| Suspension and Revocation Appeals Authority | 2685 - MATT | UNITED STATES OF AMERICA
DEPARTMENT OF HOMELAND SECURITY
UNITED STATES COAST GUARD
UNITED STATES OF AMERICA
UNITED STATES COAST GUARD
vs.
MERCHANT MARINER LICENSE
Issued to: WILLIAM S. MAIT
DECISION OF THE
VICE COMMANDANT
ON APPEAL
NO 2685
This appeal is taken in accordance with 46 U.S.C. § 7701 et seq., 46 C.F.R. Part 5,
and 33 C.F.R. Part 20.
Bya Decision and Order (hereinafter "D&O") dated May 13, 2008, Coast Guard
Administrative Law Judge (hereinafter "AU") Bruce T. Smith dismissed the Coast
Guard's Amended Complaint alleging violation oflaw or regulation (for refusal to
submit to pre-employment drug testing) against William S. Matt (hereinafter
"Respondent"). The ALJ dismissed the Coast Guard's allegation upon finding that the
Coast Guard did not prove, "by a preponderance of the reliable and credible evidence and
testimony as taken from the record considered as a whole" that Respondent failed to
submit to Coast Guard mandated drug testing. [D&O at 16] The Coast Guard appeals. | Appeal No. 2685 | Suspension and Revocation Appeals Authority | 1/5/2010 | 1/5/2010 | | 11/27/2017 |
| Suspension and Revocation Appeals Authority | 2686 - SALAMON | UNITED STATES OF AMERICA
DEPARTMENT OF HOMELAND SECURITY
UNITED STATES COAST GUARD
UNITED STATES OF AMERICA
UNITED STATES COAST GUARD
vs.
MERCHANT MARINER LICENSE
Issued to: VLADIMIR SALAMON
DECISION OF THE
COMMANDANT
ON APPEAL
NO. 2686
This appeal is taken in accordance with 46 U.S.c. § 7701 ef seq., 46 C.F.R. Part
5, and the procedures set forth in 33 C.F.R. Part 20.
FACTS & PROCEDURAL HISTORY
At all times relevant herein, Respondent was the holder of the Coast Guard issued
merchant mariner license at issue in this proceeding.
By a Decision and Order (hereinafter "D&O") dated May 2, 2008, Coast Guard
Chief Administrative Law Judge (hereinafter "CALJ") Joseph N. Ingolia, dismissed the
Coast Guard Complaint against the Merchant Mariner License of Vladimir Salamon
(hereinafter "Respondent") upon finding that the Investigating Officer (hereinafter "10")
failed to follow required regulations. The Complaint from which the D&O resulted
alleged that on August 14,2007, Respondent committed misconduct by failing to report a
marine casualty as required by 46 C.F.R. § 4.05-I(a). Additionally, the Complaint
alleged he committed acts of negligence by failing to sound the proper sound signals and obtain early warning of the risk of collision as prescribed by 33 U.S.c. §§ 2035(c) and
2007(b). | Appeal No. 2686 | Suspension and Revocation Appeals Authority | 5/22/2010 | 5/22/2010 | | 11/27/2017 |
| Suspension and Revocation Appeals Authority | 2687 - HANSEN | UNITED STATES OF AMERICA
DEPARTMENT OF HOMELAND SECURITY
UNITED STATES COAST GUARD
UNITED STATES OF AMERlCA
UNITED STATES COAST GUARD
vs.
DECISIO OF THE
VICE COMMANDA T
o APPEAL
MERCHANT MARINER LICENSE
and
MERCHANT MARINER DOCUMENT
Issued to: EDWARD K. HANSEN
NO. 2687
This appeal is taken in accordance with 46 U.S.C. § 7701 el seq., 46 C.F.R. Part
5, and the procedures set forth in 33 C.F.R. Part 20.
Bya Decision and Order (hereinafter "D&O") dated February 20, 2008,
Administrative Law Judge (hereinafter "AU") Michael J. Devine of the United States
Coast Guard at Norfolk, Virginia, suspended the Merchant Mariner Credentials of Mr.
Edward K. Hansen (hereinafter "Respondent") for one month on two months probation
upon finding proved one charge of violation of law or regulation. The specification
found proved alleged that, while serving as the master of M/V BETTY, Respondent
towed the TIB ATLANTIC SULPHUR NO.1 beyond the boundary line without a valid
load line certificate or coastwise load line exemption letter, in violation of 46 U.S.C. §§
5102 and 5103, and 46 C.F.R. § 42.07-1. | Appeal No. 2687 | Suspension and Revocation Appeals Authority | 6/8/2010 | 6/8/2010 | | 11/27/2017 |
| Suspension and Revocation Appeals Authority | 2688 - HENSLEY | UNITED STATES OF AMERICA
DEPARTMENT OF HOMELAND SECURITY
UNITED STATES COAST GUARD
UNITED STATES OF AMERICA
UNITED STATES COAST GUARD
vs.
MERCHANT MARINER LICENSE
Issued to: GARY L. HENSLEY
DECISION OF THE
VICE COMMANDANT
ON APPEAL
NO. 2688
This appeal is taken in accordance with 46 U.S.C. § 7701 ef seq., 46 C.F.R.
Part 5, and the procedures set forth in 33 C.F.R. Part 20.
By a Decision and Order (hereinafter "D&O") dated August 14, 2008, Coast
Guard Administrative Law Judge (hereinafter "AU") Bruce T. Smith dismissed the
Coast Guard's Complaint alleging use of or addiction to the use of dangerous drugs (for
failure of a pre-employment drug test) against Gary L. Hensley (hereinafter
"Respondent"). The AU dismissed the Coast Guard's Complaint upon finding that
"[t]he Coast Guard did not prove Respondent failed a pre-employment drug test
conducted in accordance with 46 C.F.R. Part 16 and 49 C.F.R. Part 40." [D&O at 17]
The Coast Guard appeals. | Appeal No. 2688 | Suspension and Revocation Appeals Authority | 6/14/2010 | 6/14/2010 | | 11/27/2017 |
| Suspension and Revocation Appeals Authority | 2689 - SHINE | UNITED STATES OF AMERICA
DEPARTME T OF HOMELAND SECURITY
UNITED STATES COAST GUARD
UNITED STATES OF AMERICA
UNITED STATES COAST GUARD
vs.
MERCHANT MARINER LICENSE
Issued to: ERIC NOR.\4A SHINE
DECISION OF THE
VICE COMMANDANT
ON APPEAL
NO. 2689
This appeal is taken in accordance with 46 U.S.C. § nOI el seq., 46 C.F.R. Part
5, and the procedures set forth in 33 C.F.R. Part 20.
Bya Decision and Order (hereinafter "D&O") dated November 13,2008, Coast
Guard Administrative Law Judge (hereinafter "AU") Walter J. Brudzinski revoked the
merchant mariner license afEric Norman Shine (hereinafter "Respondent) upon finding
proved the charge of incompetence. In finding the alleged violation proven, the AU
made 53 findings of fact, including several findings related to Respondent's actions
aboard two merchant vessels and others regarding Respondent's medical treatment
history. Respondent appeals.
APPEARANCE: Prior to filing his first appeal, Respondent was represented by
Forgie, Jacobs & Leonard (Peter S. Forgie, Esq.), 4165 E. Thousand Oaks Boulevard,
Suite 355, Westlake Village, CA 91362. From the time of his first appeal, Respondent
has appeared pro se. The Coast Guard was represented by LCDR Chris Tribolet of U.S.
Coast Guard Maintenance and Logistics Command Pacific, Alameda, California. | Appeal No. 2689 | Suspension and Revocation Appeals Authority | 10/30/2010 | 10/30/2010 | | 11/27/2017 |
| Suspension and Revocation Appeals Authority | 2690 - THOMAS | UNITED STATES OF AMERICA
DEPARTMENT OF HOMELAND SECURITY
UNITED STATES COAST GUARD
UNITED STATES OF AMERICA
UNITED STATES COAST GUARD
vs.
MERCHANT MARINER LICENSE
&
MERCHANT MARINER DOCUMENT
Issued to: MICHAEL J. THOMAS
DECISION OF THE
VICE COMMANDANT
ON APPEAL
NO·2690
This appeal is taken in accordance with 46 U.S.C. § 7701 et seq., 46 C.F.R.
Part 5, and the procedures set forth in 33 C.F.R. Part 20.
By a Decision and Order (hereinafter "0&0") dated October 2,2009, Coast
Guard Administrative Law Judge (hereinafter "AU") Bruce T. Smith revoked the
Merchant Mariner Credentials of Mr. Michael J. Thomas (hereinafter "Respondent")
upon finding the Coast Guard's Complaint alleging misconduct proved. The Complaint
alleged that Respondent committed an act of misconduct by refusing to submit to a post casualty
drug test ordered by Respondent's marine employer. | Appeal No. 2690 | Suspension and Revocation Appeals Authority | 12/13/2010 | 12/13/2010 | | 11/27/2017 |
| Suspension and Revocation Appeals Authority | 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 | 2692 - CHRISTIAN | By a Decision and Order (hereinafter "D&O") dated November 13, 2009, Bruce T.
Smith, an Administrative Law Judge (hereinafter "ALJ") of the United States Coast Guard at
New Orleans, Louisiana, granted a Motion to Dismiss filed by Mr. Aaron Christian (hereinafter
"Respondent") upon finding that the Coast Guard had failed to prove the misconduct charge
alleged in the Coast Guard's Amended Complaint.
FACTUAL AND PROCEDURAL HISTORY
Respondent was employed by Higman Marine Services and holds a merchant mariner's
license and a merchant mariner's document issued by the U.S. Coast Guard. [D&O at 2]
According to the Coast Guard's Complaint, on November 14, 2008, Respondent took and failed
an alcohol test, providing a breath sample that indicated a blood alcohol content in excess both of
federal limits and those permitted by his employer. [Id.l
The Coast Guard filed its original Complaint against Respondent's Coast Guard-issued
mariner credentials on May 6, 2009, alleging that Respondent committed misconduct and violation of law or regulation by manifesting a blood alcohol content level in excess of the
Department of Transportation's Breath Alcohol Test standards. [D&O at 2} On August 5, 2009,
the Coast Guard amended its Complaint to remove the "violation of law or regulation"
allegation. [Id.} The Coast Guard did not remove the allegation of misconduct1
, and it
remained a pending charge at all stages of the proceeding. [Id.} The misconduct allegation
alleged that Respondent violated a company policy which prohibits employees from reporting to
work under the influence of alcohol. | Appeal No. 2692 | Suspension and Revocation Appeals Authority | 2/28/2011 | 2/28/2011 | | 11/27/2017 |
| Suspension and Revocation Appeals Authority | 2693 - CONTRERAS | By a Decision and Order (hereinafter "D&O") dated March 17,2009, Walter
Brudzinski, an Administrative Law Judge (hereinafter "ALJ") of the United States Coast
Guard, at San Diego, CA, revoked the Merchant Mariner Document of Mr. Rocky Mel
Contreras (hereinafter "Respondent") upon finding proved five counts of misconduct.
The misconduct charges were that: Respondent refused to stand his lookout watch in the
manner ordered by the Chief Mate on the MN LIBERTY EAGLE; that Respondent, on
three separate occasions, failed to obey the orders of the Master of the MN LIBERTY
EAGLE to report for master's logging and dismissal procedures; and, that Respondent
failed to reveal a 2003 conviction for vandalism on an April 2005 official Coast Guard
application (Form CG-7l9B). Through the same D&O, Judge Brudzinski found one
additional count of misconduct not proved and dismissed, without prejudice, two counts alleging violation a/law or regulation. At all times during the proceeding Respondent
appeared pro se and appeals pro se. | Appeal No. 2693 | Suspension and Revocation Appeals Authority | 4/4/2011 | 4/4/2011 | | 11/27/2017 |
| Suspension and Revocation Appeals Authority | 2694 - LANGLEY | By a Decision and Order (hereinafter "D&O") delivered from the bench on
February 26, 2010, and memorialized via written D&O dated March 2, 2010 (hereinafter
"D&O II"), Administrative Law Judge (hereinafter "ALJ") Michael J. Devine of the
United States Coast Guard at Norfolk, Virginia, revoked the Merchant Mariner
Document of Mr. Harold Langley (hereinafter "Respondent") upon finding proved one
charge of misconduct. The misconduct charge found proved alleged that, while serving
as a crew member aboard the USNS REGULUS, Respondent submitted a substituted
urine sample during a random drug test conducted on June 29, 2009.
FACTS & PROCEDURAL HISTORY
At all times relevant herein, Respondent was the holder of a Coast Guard-issued
Merchant Mariner Document. [D&O II at 3] On June 29, 2009, Respondent was
employed by Maersk Line as a crew member aboard the USNS REGULUS and was
working under the authority of his Coast Guard-issued Merchant Mariner Document. | Appeal No. 2694 | Suspension and Revocation Appeals Authority | 5/25/2011 | 5/25/2011 | | 11/27/2017 |
| 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 | 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 | 2697 - GREEN | This appeal is taken in accordance with 46 U.S.C. § 7703,46 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 4,2011, Bruce T. Smith, an
Administrative Law Judge (hereinafter "ALJ") of the United States Coast Guard at Paducah,
Kentucky, ordered the revocation of the Merchant Mariner License of Mr. Randy Joe Green
(hereinafter "Respondent") upon finding proved one charge of use of or addiction to the use of
dangerous drugs.
The specification found proved alleged that Respondent submitted to a random drug test
on July 15,2010, and that the specimen that he provided subsequently tested positive for the
presence of marijuana metabolites. | Appeal No. 2697 | Suspension and Revocation Appeals Authority | 11/14/2011 | 11/14/2011 | | 11/27/2017 |
| Suspension and Revocation Appeals Authority | 2698 - HOCKING | By a Decision and Order (hereinafter “D&O”) dated January 4, 2011, Michael J. Devine,
an Administrative Law Judge (hereinafter “ALJ”) of the United States Coast Guard, ordered the
revocation of the Merchant Mariner License of Mr. James Bruce Hocking (hereinafter
“Respondent”) upon finding proved one charge of incompetence.
The specification found proved alleged that, after Respondent submitted a completed
Merchant Mariner Physical Examination Report (Form CG-719K) to the Coast Guard on
December 4, 2008, the National Maritime Center (hereinafter “NMC”), on April 2, 2009,
informed Respondent that he was not medically fit for merchant mariner duties due to a heart
condition and the placement of an Implantable Cardioverter Defibrillator (hereinafter “ICD”).
Thereafter, on multiple occasions between May 18, 2009, and May 31, 2009, Respondent served
as Master of the M/V NANTUCKET, a Coast Guard-inspected passenger ferry, upon the waters
of Nantucket Sound. The specification alleges that by so operating the vessel while not
medically fit to do so, Respondent committed an act of incompetence. | Appeal No. 2698 | Suspension and Revocation Appeals Authority | 4/25/2012 | 4/25/2012 | | 11/27/2017 |
| Suspension and Revocation Appeals Authority | 2700 -THOMAS | By a Decision and Order (hereinafter "D&O") dated June 2, 2011, Walter J. Brudzinski,
an Administrative Law Judge (hereinafter "ALJ'') of the United States Coast Guard, revoked the
Merchant Mariner credential of Mr. Corinthis Emile Thomas (hereinafter "Respondent") upon a
finding of default in a proceeding that alleged, as the basis for revocation, two counts of
incompetence and one count of misconduct.
PROCEDURAL HISTORY
NO. ·27 0 0
i
This case progressed as follows:
• January 28, 2011-Coast Guard files Complaint against Respondent's Merchant
Mariner credential alleging two counts of incompetence and one count of
misconduct.
• February 17, 2011-Complaint received at Respondent's address ofrecord and
signed for by Respondent.
• February 18, 2011-Respondent files his answer in the matter wherein he denies
all jurisdictional and factual allegations and agrees with the proposed hearing
dates of April 19, 20, or 21 , 2011, and the proposed hearing location at the
Alexander Hamilton Customs House in New York, New York.
• March 28, 2011-ALJ issues Scheduling Order in the case setting the hearing of
April 20, 2011, at the Alexander Hamilton Customs House in New York, New
York.
• April 13, 2011-Coast Guard files a Motion for a Pre-Hearing Conference to be
conducted via telephone.
• April 14, 2011-ALJ issues Scheduling Order- Pre-Hearing Conference
granting the Coast Guard's Motion for a Pre Hearing Conference and setting a
teleconference for April 18, 2011 at 3 :00 p.m. EST.
• April 18, 2011-Pre-Hearing Conference held, Respondent does not attend;
Coast Guard moves orally for default due to Respondent's failure to appear. ALJ
takes motion under advisement, providing Respondent the opportunity to appear
at the hearing. [Memorandum and Order of Pre-Hearing Teleconference at 1)
• April 20, 2011-Hearing held; Respondent does not attend and Coast Guard
again moves orally for a default in the matter. [Order to Show Cause at 1-2] | Appeal No. 2700 | Suspension and Revocation Appeals Authority | 7/13/2012 | 7/13/2012 | | 11/27/2017 |
| Suspension and Revocation Appeals Authority | 2699 - MAXWELL | On September 23, 2010, the Coast Guard filed an original Complaint against Respondent, which was later amended. [D&O at 1] On November 30, 2010, after receiving an extension of time, Respondent filed an Answer to the original Complaint wherein he admitted all jurisdictional allegations but denied all factual allegations. [Id.]
The Coast Guard filed its first Amended Complaint in the matter on December 20, 2010. [D&O at 1] On January 7, 2011, the Coast Guard filed a second Amended Complaint. [D&O at 2] The factual allegations of the second Amended Complaint alleged as follows:
1. On 07/29/2010, the Respondent, Earl W. Maxwell . . . was convicted of Use/Possession of Drug Paraphernalia by the District Court of Mobile County, Alabama.
2. Use/Possession of Drug Paraphernalia is a misdemeanor under the Code of the State of Alabama, Title 13A; Criminal Code Section 13A-12-260.
3. Code of the State of Alabama, Title 13A; Criminal Code Section 13A-12-260 is a Dangerous Drug Law of the State of Alabama.
4. The Respondent, Earl W. Maxwell was convicted within the last 10 years of violating a Dangerous Drug Law of a State, as described by Title 46 U.S. Code Section | Appeal No. 2699 | Suspension and Revocation Appeals Authority | 7/13/2012 | 7/13/2012 | | 8/24/2020 |
| Suspension and Revocation Appeals Authority | 2701 - CHRISTIAN | DECISION OF THE COMMANDANT ON APPEAL FROM DENIAL OF
APPLICATION FOR ATTORNEY'S FEES FROM THE UNITED STATES COAST
GUARD
This appeal is taken in accordance with S U.S.C. § S04 and 49 C.F.R. Part 6.
By order dated July 21,2011, an Administrative Law Judge (hereinafter "AU") of the
United States Coast Guard denied Aaron Louis Christian's (hereinafter "Respondent'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 merchant mariner credentials.
Through its original Complaint, the Coast Guard alleged that Respondent committed misconduct
and violation of law or regulation by manifesting a blood alcohol content level in excess of the
Department of Transportation's Breath Alcohol standards. The Coast Guard subsequently
amended its Complaint to remove the "violation of law or regulation" allegation. The allegation
of misconduct remained and was a pending charge throughout all stages of the proceeding
against Respondent's merchant mariner credentials. The misconduct allegation alleged that
Respondent violated a company policy which prohibits employees from reporting to work under
the influence of alcohol. | Appeal No. 2701 | Suspension and Revocation Appeals Authority | 7/22/2013 | 7/22/2013 | | 10/31/2017 |
| Suspension and Revocation Appeals Authority | 2702 - CARROLL | APPEARANCES
For the Government:
CWO Christian Menefee, USCG
L T Christopher L. Jones, USCG
Coast Guard Sector Houston/Galveston
Mr. Gary F. Ball
Suspension and Revocation National Center of Expertise
For Respondent:
Vuk S. Vujasinovic, Esq.
Kenneth B. Fenelon, Jr., Esq.
Vujasinovic & Beckcom, PLLC
Administrative Law Judge: Dean C. Metry
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.P.R. Part 20.
By a Decision and Order (hereinafter "0&0,.) dated January 20, 2012, an Administrative
Law Judge (hereinafter "ALJ") of the United States Coast Guard suspended the Merchant Mariner
License of Mr. Shean Mason Carroll (hereinafter "Respondent") for twenty-four months upon
finding proved two charges of misconduct in violation of 46 U.S.C. § 7703(1 )(b) and 46 C.F.R. § 5.27, by refusing a drug test. The specifications found proved alleged that on February 5, 2010,
Respondent refused a drug test, following a determination that the temperature of his urine sample
was outside the acceptable range, by failing to raise and lower his clothing to permit the observer
to determine that he did not have a prosthetic device, and by possessing or wearing a prosthetic
device that could be used to interfere with the sample collection process. The Coast Guard
appeals. | Appeal No. 2702 | Suspension and Revocation Appeals Authority | 10/10/2013 | 10/10/2013 | | 10/31/2017 |
| Suspension and Revocation Appeals Authority | 2703 - WEBER | APPEARANCES
For the Government:
LT Jeff A. Fry, USCG
James P. Fink, USCG
For Respondent:
Terry D. Weber, prose
Administrative Law Judge: Walter J. Brudzinski
This appeal is taken in accordance with 46 U.S.C. § 7701 et seq., 46 C.P.R. Part 5, and the
procedures in 33 C.F.R. Part 20.
By a Decision and Order (hereinafter "D&O") dated September 22, 2011, an
Administrative Law Judge (hereinafter "AU") of the United States Coast Guard revoked the
Merchant Mariner License of Mr. Terry D. Weber (hereinafter "Respondent") upon finding
proved a charge of use of dangerous drugs in violation of 46 U.S.C. § 7704(c) and 46 C.F.R. §
5.35. The specification found proved alleged that on January 31, 2011, Respondent submitted to a
random drug test and provided a urine sample that tested positive for the presence of marijuana
metabolites. | Appeal No. 2703 | Suspension and Revocation Appeals Authority | 11/4/2013 | 11/4/2013 | | 10/31/2017 |
| Suspension and Revocation Appeals Authority | 2704 - FRANKS | APPEARANCES
For the Government:
CWO Christian Menefee, USCG
LT Christopher Jones, USCG
Coast Guard Sector Houston/Galveston
Mr. Brian C. Crockett
Suspension and Revocation National Center of Expertise
For Respondent:
Michael Aaron Franks, pro se
Administrative Law Judge: Dean C. Metry
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 November 16, 2011, an
Administrative Law Judge (hereinafter “ALJ”) of the United States Coast Guard dismissed the
Coast Guard’s Complaint against Mr. Michael Aaron Franks (hereinafter “Respondent”). The
Complaint alleged that Respondent was a user of or was addicted to the use of dangerous drugs.
While the ALJ found that Respondent tested positive for cocaine metabolites during a drug test, because the ALJ determined that Respondent’s drug test was not conducted in accordance with the
regulatory requirements of 46 C.F.R. Part 16 (the Coast Guard’s chemical testing requirements),
the ALJ found the Coast Guard’s Complaint Not Proved and dismissed the matter with prejudice. | Appeal No. 2704 | Suspension and Revocation Appeals Authority | 7/30/2014 | 7/30/2014 | | 10/31/2017 |
| Suspension and Revocation Appeals Authority | 2705 - PLENDER | APPEARANCES
For the Government:
Mr. Gary F. Ball
VICE COMMANDANT
ON APPEAL
NO. • 27 0 5
Suspension and Revocation National Center of Expertise
For Respondent:
William Hewig III, Esq.
Kopelman and Paige, P.C.
Administrative Law Judge: Walter J. Brudzinski
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 September 17, 2012, an
Administrative Law Judge (hereinafter "ALJ") of the United States Coast Guard revoked the
Merchant Mariner Credentials issued to Mr. Kirk C. Plender (hereinafter "Respondent") upon
finding proved one charge of incompetence.
The specification found proved alleges the following. Respondent submitted a completed
Merchant Mariner Physical Examination Report (Form CG-719K) to the Coast Guard on February 18, 2010. His Implantable Cardioverter Defibrillator (hereinafter "ICD") and underlying
cardiac conditions documented in the Form CG-719K rendered him physically incompetent and
unfit for merchant mariner duties. The Coast Guard National Maritime Center (hereinafter
''NMC"), on March 22, 2010, informed Respondent that he was not medically fit for merchant
mariner duties due to the heart condition and ICD. Thereafter, on multiple occasions between
March 22, 2010, and November 21, 2011, Respondent served onboard American President Lines
(hereinafter "APL") vessels as Chief Mate, a safety-sensitive position required by the vessels'
Certificates of Inspection. Finally, the specification alleges that by so serving while not medically
fit to do so, Respondent committed an act of incompetence. | Appeal No. 2705 | Suspension and Revocation Appeals Authority | 10/1/2014 | 10/1/2014 | | 10/31/2017 |
| Suspension and Revocation Appeals Authority | 2706 - CHESBROUGH | APPEARANCES
For the Government:
LT Kimberly D. Rule, USCG
Coast Guard Marine Safety Unit Portland
Respondent Pro se
Administrative Law Judge: George J. Jordan
This appeal is taken in accordance with 46 U.S.C. Chapter 77, 46 C.F.R. Part 5 and
33 C.F.R. Part 20.
By a Decision and Order (hereinafter "D&O") dated July 25, 2012, an Administrative Law
Judge (hereinafter "AU") of the United States Coast Guard suspended the Merchant Mariner
License of Mr. Richard Albert Chesbrough (hereinafter "Respondent") for two months outright
and ordered a further two months suspension on eighteen months probation upon finding proved
one specification of misconduct and one specification of negligence.
The misconduct specification alleges that on April 12, 2011, Respondent, while acting
under the authority of his Coast Guard-issued mariner license, committed misconduct by
navigating the vessel WILLAMETTE QUEEN from the Willamette Slough into the Willamette River in violation of the vessel's Certificate of Inspection, which limited operation of the vessel to
the Willamette Slough when the river gauge at Salem reads 11 feet or more, as it did on the
relevant date. The negligence specification alleges the same facts and further alleges that
Respondent acted negligently by failing to check the river gauge at Salem to ascertain the river's
stage, by operating the vessel outside the conditions of its Certificate of Inspection, and by
grounding the vessel at Mile 85 on the Willamette River. | Appeal No. 2706 | Suspension and Revocation Appeals Authority | 1/23/2015 | 1/23/2015 | | 10/31/2017 |
| Suspension and Revocation Appeals Authority | 2707 - CHESBROUGH II | APPEARANCES
For the Government:
LT Kimberly D. Rule, USCG
CWO John Nay, USCG
Coast Guard Marine Safety Unit Portland
For the Respondent:
Mr. Richard Albert Chesbrough
Co-Representative: Mr. Scott Clifford
Vancouver, Washington
Administrative Law Judge: George J. Jordan
This appeal is taken in accordance with 46 U.S.C. Chapter 77, 46 C.F.R. Part 5 and
33 C.F.R. Part 20.
By a Decision and Order (hereinafter "D&O") dated September 18, 2013, an
Administrative Law Judge (hereinafter "ALJ") of the United States Coast Guard suspended the
Merchant Mariner Credential of Mr. Richard Albert Chesbrough (hereinafter "Respondent") for
two months upon finding proved one specification of misconduct.
The misconduct specification alleges that on May 9, 2012, Respondent, while acting under
the authority of his Coast Guard-issued mariner license, committed misconduct by navigating the
vessel WILLAMETTE QUEEN from the Willamette Slough into the Willamette River in
violation of the vessel's Certificate of Inspection, which limited operation of the vessel to the
Willamette Slough when the river gauge at Salem reads 11 ft or more, as it did on the relevant date. | Appeal No. 2707 | Suspension and Revocation Appeals Authority | 1/23/2015 | 1/23/2015 | | 10/31/2017 |
| Suspension and Revocation Appeals Authority | 2708 - SOLOMON | APPEARANCES
For the Government:
CWO Dan Sammons, USCG
LT John D. Nee, USCG
Senior Investigating Officer Mark Gibbs
For Respondent:
Graham W. Syfert, Esq.
Administrative Law Judge: Dean C. Metry
This appeal is taken in accordance with 46 U.S.C. Chapter 77, 46 C.F.R. Part 5, and
33 C.F.R. Part 20.
By a Decision and Order (hereinafter "D&O") dated May 15, 20 ~ 3, an Administrative Law
Judge (hereinafter "AU") of the United States Coast Guard suspended the Merchant Mariner
Document of Ms. Simone Joyce Solomon (hereinafter "Respondent") for fourteen months upon
finding proved one charge of misconduct. The specification found proved alleges that on July 2,
2012, Respondent, while serving as a crewmember aboard the vessel ALLIANCE
CHARLESTON, refused a chemical test, in violation of 49 C.F .R. § 40.191 (b ), by submitting what
according to 49 C.F.R. § 40.93(b) was a substituted specimen. | Appeal No. 2708 | Suspension and Revocation Appeals Authority | 5/18/2015 | 5/18/2015 | | 10/31/2017 |
| Suspension and Revocation Appeals Authority | 2709 - COFFY | APPEARANCES
For the Government:
LT Gregory J. Knoll, USCG
LT Jessica L. Bohn, USCG
LT Eric L. Sumpter, USCG
Coast Guard Sector Hampton Roads
Respondent:
Mr. William Tee Coffy, pro se
Administrative Law Judge: Michael J. Devine
This appeal is taken in accordance with 46 U.S.C. Chapter 77, 46 C.F.R. Part 5 and
33 C.F.R. Part 20.
By a Decision and Order (hereinafter "D&O") dated January 7, 2013, an Administrative
Law Judge (hereinafter "ALJ") of the United States Coast Guard revoked the Merchant Mariner
Credential of Mr. William Tee Coffy (hereinafter "Respondent") upon finding proved one
specification of use of or addiction to the use of dangerous drugs.
The specification found proved alleges that Respondent submitted to a random drug test on
May 3, 2012, and that the specimen that he provided subsequently tested positive for the presence
of cocaine metabolites. | Appeal No. 2709 | Suspension and Revocation Appeals Authority | 6/3/2015 | 6/3/2015 | | 10/31/2017 |
| Suspension and Revocation Appeals Authority | 2710 - HOPPER | APPEARANCES
For the Government:
Gary F. Ball, Esq.
LT Takila S. Powell, USCG
For Respondent:
William B. Hidalgo, Esq.
Administrative Law Judge: Bruce Tucker Smith
This appeal is taken in accordance with 46 U.S.C. Chapter 77, 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 September 10, 2014, an
Administrative Law Judge (hereinafter “ALJ”) of the United States Coast Guard dismissed with
prejudice the Coast Guard’s Complaint seeking revocation of the Merchant Mariner Credential
of Mr. Nelson Greg Hopper (hereinafter “Respondent”). The Complaint charged Respondent
with use of, or addiction to the use of, dangerous drugs. The Complaint alleged that Respondent
participated in a random drug test and his samples tested positive for cocaine metabolites. The
ALJ found that the Coast Guard had failed to establish a prima facie case because it did not
prove that Respondent had been ordered to test in accordance with 46 C.F.R. Part 16. Although the record shows that the service agent for Respondent’s employer used a computer-based
random number generator to produce a list of vessels for drug testing, which included the vessel
in which Respondent served, the ALJ found that the Coast Guard had failed to prove that the
selection was random because it did not establish that the selection was made by a scientifically
valid method. | Appeal No. 2710 | Suspension and Revocation Appeals Authority | 10/13/2015 | 10/13/2015 | | 10/31/2017 |
| Suspension and Revocation Appeals Authority | 2711 - TROSCLAIR | APPEARANCES
For the Government:
Bruce L. Davies, Esq.
CWO James R. Mints, USCG
Coast Guard Marine Safety Unit Port Arthur
For the Respondent:
Christopher H. Riviere, Esq.
William N. Abel, Esq.
Law Office of Christopher H. Riviere
Administrative Law Judge: Bruce Tucker Smith
This appeal is taken in accordance with 46 U.S.C. Chapter 77, 46 C.F.R. Part 5 and
33 C.F.R. Part 20.
By a Decision and Order (hereinafter "D&O") dated April 23, 2014, an Administrative
Law Judge (hereinafter "ALJ") of the United States Coast Guard revoked the Merchant Mariner
Credential of Mr. Byron Anthony Trosclair (hereinafter "Respondent") upon finding proved two
specifications of negligence and one specification of misconduct.
The first negligence specification alleges that Respondent, while acting under the authority of his Coast Guard-issued license as Master of the STARFLEET PATRIOT, was negligent in that
he failed to ensure that the STARFLEET PA TRI OT was positioned close enough to the platform
that was the destination of his passengers to ensure the safe swing rope transfers of the passengers,
and intentionally made the swing rope transfers more difficult than necessary in order to provide
"training" for the passengers that were transferring from the ST ARFLEET PATRIOT to the
platform.
The second negligence specification alleges that Respondent, while in the same capacity,
was negligent in that he failed to have the vessel's rescue ladder/platform in a ready position
during passenger transfers from the ST ARFLEET PA TRI OT to the work platform, and failed to
provide any rescue assistance to a passenger who had fallen overboard while attempting to swing
from the vessel to the platform.
The misconduct specification alleges that Respondent, while in the same capacity, violated
46 U.S.C. § 2303 by wrongfully failing to render assistance to an overboard passenger after a
marine casualty. | Appeal No. 2711 | Suspension and Revocation Appeals Authority | 12/1/2015 | 12/1/2015 | | 10/31/2017 |
| Suspension and Revocation Appeals Authority | 2712 - MORRIS | APPEARANCES
For the Government:
LCDR Maureen D. Johnson, USCG
Mr. John J. Hulslander
Coast Guard Sector Buffalo
For Respondent:
Mrs. Ana Magdalena Morris, as Representative
Administrative Law Judge: Michael J. Devine
This appeal is taken in accordance with 46 U.S.C. Chapter 77, 46 C.F.R. Part 5 and 33 C.F.R. Part 20.
By a Decision and Order (hereinafter "D&O") dated March 7, 2013, an Administrative Law Judge (hereinafter "ALJ") of the United States Coast Guard dismissed the Complaint against the Merchant Mariner Document of Mr. Kwame Rey Morris (hereinafter "Respondent"). The Coast Guard Complaint charged use of or addiction to the use of dangerous drugs, specifically
alleging that Respondent submitted to a random drug test, and that the specimen he provided tested positive for the presence of cocaine metabolites. Upon determining that the Coast Guard failed to provide substantial evidence that Respondent's positive drug test met all the elements of a prima facie case, the ALJ found the
charge not proved and dismissed the complaint with prejudice. | Appeal No. 2712 | Suspension and Revocation Appeals Authority | 1/5/2016 | 1/5/2016 | | 10/31/2017 |
| Suspension and Revocation Appeals Authority | 2713 - SCOTO | APPEARANCES
For the Government:
Mr. Gary F. Ball, Esq.
Mr. James P. Fink
Suspension and Revocation National Center of Expertise
For Respondent:
Mr. Terrence S. Cox, Esq.
Courtney M. Crawford, Esq.
Cox, Wooten, Griffen, Hanson & Poulos, LLP
Administrative Law Judge: Parlen L. McKenna
This appeal is taken in accordance with 46 U.S.C. Chapter 77, 46 C.F.R. Part 5, and 33
C.F .R. Part 20.
By a Decision and Order (hereinafter "D&O") dated November 7, 2011, an Administrative
Law Judge (hereinafter "ALJ") of the United States Coast Guard ordered the suspension of
Respondent's Coast Guard-issued Merchant Mariner License for one month upon finding proved
one allegation of misconduct. The Coast Guard properly appealed. I have learned that Respondent
passed away following the filing of the Coast Guard's appeal.
Past Commandant's Decisions on Appeal have held that when a Respondent dies during
the pendency of his appeal, the ALJ's order should be vacated and the Coast Guard's Complaint
against his mariner credential should be dismissed. Appeal Decision 2684 (SCARBOUGH)
(2009);Appeal Decision 2134 (JOHNSON) (1978) (citing Melrose Distillers, Inc. v. United States,
359 U.S. 271, 272 (1959)). This result mirrors the custom in Federal practice to abate the
proceeding ab initio when the defendant dies. "The only fair and reasonable disposition [of the
pending litigation when a Respondent dies] is to wipe the slate clean" by dismissing the matter.
JOHNSON at 3.
This case is distinguishable from the two precedents cited in that the Government rather
than the Respondent has lodged the appeal. The result should, nonetheless, remain the same. See
DiOrio v. Nicholson, 216 Fed.Appx. 974 (2007) (when the Government appealed a veteran's
benefit decision and the veteran died during the pendency of that appeal, the decision was
vacated). | Appeal No. 2713 | Suspension and Revocation Appeals Authority | 1/5/2016 | 1/5/2016 | | 10/31/2017 |
| Suspension and Revocation Appeals Authority | 2714 - EAJA DAVIS | APPLICATION FOR ATTORNEY'S FEES FROM THE UNITED STATES COAST
GUARD
APPEARANCES
For the Government:
Mr. Brian C. Crockett, Esq.
Suspension and Revocation National Center of Expertise
For Applicant:
Mr. Brian McEwing, Esq.
Reeves McEwing, LLP
Administrative Law Judge: Walter J. Brudzinski
This appeal is taken in accordance with 5 U.S.C. § 504 and 49 C.F.R. Part 6.
By order dated June 5, 2014, an Administrative Law Judge (ALJ") of the United States
Coast Guard denied the application for attorney's fees and expenses of Clint Walker Davis, Jr.
("Applicant"), incurred as a result of defending himself at a Suspension and Revocationproceeding ("S&R proceeding") against a charge of use of or addiction to the use of dangerous
drugs brought by the Coast Guard against his merchant mariner credential.
In its Complaint, the Coast Guard alleged that Applicant, an active-duty Coast Guard
member, also the holder of a Coast Guard-issued merchant mariner credential, submitted to a
Coast Guard-mandated random drug test on January 11, 2012. The urine sample allegedly
provided by Applicant subsequently tested positive for the presence of cocaine metabolites. | Appeal No. 2714 | Suspension and Revocation Appeals Authority | 2/26/2016 | 2/26/2016 | | 10/31/2017 |
| Suspension and Revocation Appeals Authority | 2715 - SOLOMON | APPEARANCES
For the Government:
CWO Dan Sammons, USCG
LT John D. Nee, USCG
Senior Investigating Officer Mark Gibbs
For Respondent:
Graham W. Syfert, Esq.
Administrative Law Judge: Dean C. Metry
This appeal is taken in accordance with 46 U.S.C. Chapter 77, 46 C.F.R. Part 5, and
33 C.F.R. Part 20.
By a Decision and Order (hereinafter "D&O") dated May 15, 2013, an Administrative Law
Judge of the United States Coast Guard (hereinafter "ALJ") suspended the Merchant Mariner
Document of Ms. Simone Joyce Solomon (hereinafter "Respondent") for fourteen months upon
finding proved one charge of misconduct. The specification found proved alleged that on July 2,
2012, Respondent, while serving as a crewmember aboard the vessel ALLIANCE
CHARLESTON, refused a chemical test, in violation of 49 C.F.R. § 40.191(b), by submitting what
according to 49 C.F.R. § 40.93(b) was a substituted urine specimen.
Respondent subsequently appealed the D&O to the Commandant, United States Coast
Guard, who affirmed the D&O. Respondent then appealed to the National Transportation Safety
Board (NTSB). In Zukunft v. Solomon, NTSB Order No. EM-213 (March 24, 2016), the NTSB
remanded the matter for further examination of salient issues.
The parties now advise that they have reached a tentative settlement agreement, and
request that the matter be remanded to the ALJ to allow the agreement to be effected. | Appeal No. 2715 | Suspension and Revocation Appeals Authority | 10/3/2016 | 10/3/2016 | | 10/31/2017 |
| Suspension and Revocation Appeals Authority | 2716 - CHESBROUGH temp, license | APPEARANCES
For the Government:
LCDR Benjamin M. Robinson
Coast Guard Sector Columbia River
Respondent:
Mr. Richard Albert Chesbrough, pro se
Administrative Law Judge: George J. Jordan
This appeal is taken in accordance with 46 U.S.C. Chapter 77, 46 C.F.R. Part 5, and
33 C.F.R. Part 20.
On July 26, 2016, an Administrative Law Judge (hereinafter "ALJ") of the United States
Coast Guard issued a Decision and Order revoking the Merchant Mariner Credentials of
Mr. Richard A. Chesbrough (hereinafter "Respondent") upon finding proved two specifications
of misconduct, and one specification of conviction of an offense that would preclude issuance of : "
a Coast Guard MMC.
On July 22, 2016, Respondent filed a Notice of Appeal in the matter. He perfected his
appeal by filing an Appellate Brief on August 30, 2016. In a letter dated August 3 0, 2016, Respondent requested issuance of a Temporary
Mariner Credential as appellate action commenced in his case. The ALJ considered
Respondent's request and, on October 13, 2016, issued a Decision and Order denying issuance of
a temporary credential to Respondent. Via letter dated October 29, 2016, Respondent attacks the
ALJ's denial of a temporary credential, among other things, and requests that his credential be
returned to him while he waits for the outcome of his case. I am treating this as an appeal of the
ALJ's denial of his request for a temporary credential.
The ALJ's decision on the temporary credential refers to all tlu·ee of the allegations found
proved: Allegations Two (misconduct: making a false statement in a casualty investigation),
Three (misconduct: attempting to induce a witness to testify falsely in a marine casualty
investigation), and Six (conviction of an offense that would prevent the issuance or renewal of a
MMC). | Appeal No. 2716 | Suspension and Revocation Appeals Authority | 3/23/2017 | 3/23/2017 | | 10/31/2017 |
| Suspension and Revocation Appeals Authority | 2717 - CHESBROUGH III | By a Decision and Order (hereinafter "D&O") dated July 26, 2016, an Administrative Law
Judge (hereinafter "ALJ") of the United States Coast Guard revoked the Merchant Mariner
Credential of Mr. Richard Albert Chesbrough, the Respondent, upon finding proved two
specifications of misconduct and one specification of conviction of an offense that would preclude
issuance of a Coast Guard MMC.
The misconduct allegations found proved were those set forth in Allegation Number Two (making a false statement in a casualty investigation) and Allegation Number Three (attempting to
induce a witness to testify falsely in connection with a marine casualty) of the Complaint.
Allegation Number Six of the Complaint (conviction of an offense that would prevent the issuance
or renewal ofa MMC) was also found proved.
FACTS
At all relevant times, Respondent was the holder of a Merchant Mariner Credential issued
to him by the United States Coast Guard.
The MN WILLAMETTE QUEEN is a fiberglass-hulled stemwheeler constructed in 1990.
[D&O at 3; Tr. Vol. Ip. 22] WILLAMETTE QUEEN's length is 87 feet overall; its hull and
engine comprise 65 feet of that distance while the stemwheel and its protective girder make up the
remainder. [D&O at 3; Tr. Vol. I at 22, 30]. The vessel has a draft of three feet. [D&O at 3; Tr.
Vol. I at 25] | Appeal No. 2717 | Suspension and Revocation Appeals Authority | 12/27/2017 | 12/27/2017 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 2718 LEWIS | On April 11, 2016, an Administrative Law Judge (hereinafter "ALJ") of the United States
Coast Guard revoked Merchant Mariner Credential of Respondent, Mr. Kevin Gerod Lewis,
upon finding proved a charge of use of or addiction to the use of dangerous drugs.
The ALJ' s bench decision was followed by the issuance of a Decision and Order
(hereinafter "D&O") dated April 14, 2016.
The Coast Guard Complaint alleged that Respondent submitted to a non-DOT drug test
on June 26, 2015, and that the specimen he provided subsequently tested positive for the
presence of cocaine metabolites.
Respondent appeals. | Appeal No. 2718 | Suspension and Revocation Appeals Authority | 4/6/2018 | 4/6/2018 | | 4/16/2018 |
| Suspension and Revocation Appeals Authority | 2719 - VOELCKERS | By a Decision and Order (D&O) dated August 29,2016, an Administrative Law Judge (ALJ) of the United States Coast Guard suspended the Merchant Mariner Credential (MMC) of Mr. Neil Alan Voelckers, Respondent, for thirty days upon finding proved à single allegation of misconduct. The allegation found proved alleges that on multiple occasions from May 2013 to September 2015, while holding an MMC endorsed for service as a Master of Steam, Motor or Auxiliary Sail Vessels of not more than I00 gross registered tons, Respondent served as Master of the 198-gross-ton SEA RANGER, including when the SEA RANGER was moored in the Bay of Pillars carrying passengers for hire, in violation of 46 C.F.R. $ i 5.905(b). | Appeal No. 2719 | Suspension and Revocation Appeals Authority | 8/13/2018 | 8/13/2018 | | 11/7/2018 |
| Suspension and Revocation Appeals Authority | 2720 ARGAST | On July 7,2016, an Administrative Law Judge (hereinafter "ALJ") of the United States Coast Guard issued a Decision and Order (hereinafter "D&O") finding proved the Coast Guard's Complaint against the Merchant Mariner Credential of Respondent, Mr. Daniel James Argast, and ordering the revocation of his Merchant Mariner Credential. The Coast Guard Complaint charged use of or addiction to the use of dangerous drugs, specifically alleging that Respondent submitted to a drug test, and that the specimen he provided
tested positive for the presence of cocaine metabolites.
Respondent appeals.
FACTS
At all times relevant to these proceedings, Respondent was the holder of a Merchant
Mariner Credential issued to him by the United States Coast Guard. [D&O at 6]
Respondent has been employed as a "Civilian Mariner" employee of Military Sealift
Command (hereinafter "MSC"), an agency of the United States Navy, since August3,20l2.
lD&O at 6] MSC has a Memorandum of Agreement with the United States Coast Guard
whereby the Coast Guard recognizes that Civilian Mariners are subject to the Navy's Drug Free
V/orþlace Program. [Id.] The chemical drug testing procedures used by MSC differ from the
requirements of 46 C.F.R. Part 16 and the procedures set forth at 49 C.F.R.Part 40, which apply
to civilian merchant mariners in general. [1d.] Under the Memorandum of Agreement, MSC is
authorized to use alternative testing procedures. lld.l Consistent with this agreement, MSC
conducts its drug testing program under the technical guidelines for drug testing provided by the
Department of Health and Human Services (hereinafter "HHS"). [1d.] | Appeal No. 2720 | Suspension and Revocation Appeals Authority | 11/5/2018 | 11/5/2018 | | 2/6/2019 |
| Suspension and Revocation Appeals Authority | 2721 TOWNSEND | On May 21,2018, an Administrative Law Judge (ALJ) of the United States Coast Guard issued an Order of Dismissal rü/ith Prejudice, Order Denying Motion for Continuance, Order Disapproving Settlement Agreement (ALJ Orders), finding that the Coast Guard lacked jurisdiction to maintain its suspension and revocation action against the Merchant Mariner Credential (MMC) of Respondent James Townsend after the National Maritime Center denied
his request to renew his MMC, imposing a one-year assessment period from the date of Respondent's conviction for battery, and following the subsequent expiration of Respondent's
MMC.
The Coast Guard appeals.
I will grant the appeal because the ALJ erred in finding a lack ofjurisdiction.
BACKGROUND
Respondent was the holder of an MMC issued to him by the United States Coast Guard,
which had been renewed on April 18,2012. [ALJ Orders at 4r] Typically, an MMC is issued for
five years, and Respondent's MMC would have been expired on April 19,2017. [Tr. at l0-11]
In this case, Respondent's MMC expired on September 30,2017, because of a nation-wide
automatic extension applicable to all credentials expiring after December 1,2016. lld. at l0; Tr.
at l9; Coast Guard Complaint | Appeal No. 2721 | Suspension and Revocation Appeals Authority | 12/27/2018 | 12/27/2018 | | 2/6/2019 |
| Suspension and Revocation Appeals Authority | 2722 - BADUA | FACTS & PROCEDURAL HISTORY
At all relevant times, Respondent held a Merchant Mariner Credential (MMC) issued by
the United States Coast Guard. On February 27,2018, Respondent took a required preemployment
drug test, pursuant to 46 CFR Part 16. The urine sample provided by Respondent
tested positive for hydromorphone. Respondent maintains that the positive result was the result
of a one-time, inadvertent use of another person's prescription medication.
The Coast Guard issued its Complaint against Respondent's MMC on April 13, 2018.
On April 30, 2018, the Coast Guard and Respondent entered into a Settlement Agreement, and
on May 7 , the Coast Guard filed a motion for approval of that agreement. On May 8, 2018, a
Coast Guard ALJ issued a Consent Order approving the terms of the Settlement Agreement. | Appeal No. 2722 | Suspension and Revocation Appeals Authority | 10/21/2019 | 10/21/2019 | | 11/5/2019 |