| Suspension and Revocation Appeals Authority | 2384 - WILLIAMS | This appeal has been taken in accordance with 46 U.S.C. 239(g)
and 46 CFR 5.30-1.
By order dated 21 July 1983, an Administrative Law Judge of
the United States Coast Guard at Houston, Texas revoked Appellant's
mariner's document upon finding proved the charge of misconduct.
The specification found proved alleges that while serving as oiler
aboard the S/S INGER, under authority of the above captioned
document, Appellant did, on or about 29 March 1983 "wrongfully have
in [his] possession certain narcotics, to wit: Marijuana."
The hearing was held at Houston, Texas, on 23 May 1983.
At the hearing, Appellant elected to act as his own counsel
and entered a plea of not guilty to the charge and specification.
Appellant was assisted by his father.
The Investigating Officer introduced in evidence six exhibits,
and the testimony of two witnesses. | Appeal No. 2384 | Suspension and Revocation Appeals Authority | 2/27/1985 | 2/27/1985 | | 12/7/2017 |
| Suspension and Revocation Appeals Authority | 2383 - SWIERE | This appeal has been taken in accordance with Title 46 U.S.C.
7702 and 46 CFR 5.30-1.
By order dated 31 August 1984 an Administrative Law Judge of
the United States Coast Guard at Houston, Texas revoked Appellant's
documents upon finding him guilty of the charge of "conviction for
a dangerous drug law violation." The specification found proved
alleges that being the holder of the license and document above
captioned, on or about 12 October 1979, Appellant was convicted by
the U. S. District court for the Eastern District of Texas of
Violating a dangerous drug law of the United States, to wit:
marijuana possession.
The hearing was held at Houston, Texas on 31 August 1984.
At the hearing, Appellant was represented by professional
counsel and entered a plea of guilty to the charge and
specification.
The Investigating Officer introduced in evidence four
exhibits. | Appeal No. 2383 | Suspension and Revocation Appeals Authority | 2/22/1985 | 2/22/1985 | | 12/7/2017 |
| Suspension and Revocation Appeals Authority | 2382 - NILSEN | This appeal had been taken in accordance with Title 46 U.S.C.
239(g) and 46 CFR 5.30-1.
By order dated 1 July 1982, an Administrative Law Judge of the
United States Coast Guard at New York, New York, suspended
Appellant's license for one month upon finding him guilty of
negligence. The specification found proved alleged that while
serving as Master of the S/S SAN JUAN, under the authority of the
license above captioned, Appellant did on 11 February 1980, while
said vessel was departing San Juan, Puerto Rico, fail to navigate
the vessel within the confines of the Bar Channel causing said
vessel to ground. Two other specifications were dismissed, one on
motion of the Investigating Officer, the other on motion of
Appellant.
The hearing was held at San Juan, Puerto Rico, on 3 February,
4 February, and 31 March 1982.
At the hearing, Appellant was represented by professional
counsel, and entered a plea of not guilty to the charge and the
specification. | Appeal No. 2382 | Suspension and Revocation Appeals Authority | 2/22/1985 | 2/22/1985 | | 12/7/2017 |
| Suspension and Revocation Appeals Authority | 2381 - GURGIOLO | This appeal has been taken in accordance with 46 U.S.C. 7702
and 46 CFR 5.30-1.
By order dated 11 June 1984, an Administrative Law Judge of
the United States Coast Guard at Jacksonville, Florida, revoked
Appellant's license upon finding him guilty of the charge of
conviction for a dangerous drug law violation. The specification
found proved alleges that Appellant, while holder of the captioned
license, was convicted on 2 September 1982 of conspiracy to possess
cocaine with intent to distribute, in violation of 21 U.S.C. 846,
in the United States District Court for the Southern District of
Florida.
The hearing was held in Miami, Florida on 17 May 1984.
At the hearing, Appellant was represented by two non-attorney
representatives and entered a plea of guilty to the charge and
specification.
The Investigating Officer introduced into evidence four
documents. | Appeal No. 2381 | Suspension and Revocation Appeals Authority | 2/20/1985 | 2/20/1985 | | 12/7/2017 |
| 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 | 2379 - DRUM | This appeal has been taken in accordance with 46 U.S.C.
7702(b) and 46 CFR 5.30-1.
By order dated 14 November 1983, Administrative Law Judge of
the united States Coast Guard at St. Louis, Missouri, suspended
Appellant's license for one month plus an additional two months
remitted on twelve months' probation upon finding him guilty of
negligence. The specification found proved alleges that while
serving as Operator aboard the M/V DAVID ESPER under the authority
of the above captioned license, Appellant did, on or about 9 May
1983, while pushing twelve loaded coal barges downbound on the Ohio
River, fail to navigate his vessel so as to avoid alliding with the
Big Four Railroad Bridge at approximately mile 603 on the Ohio
River.
The hearing was held at St. Louis, Missouri, on 12 July 1983.
At the hearing Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification. | Appeal No. 2379 | Suspension and Revocation Appeals Authority | 2/8/1985 | 2/8/1985 | | 12/7/2017 |
| Suspension and Revocation Appeals Authority | 2378 - CALICCHIO | This appeal has been taken in accordance with 46 U.S.C. 7702
and 46 CFR 5.30-1.
By order dated 25 October 1983, an Administrative Law Judge of
the United States Coast Guard at New York, New York, suspended
Appellant's license for a period of six months remitted on twelve
months' probation, upon finding him guilty of negligence. The
specification found proved alleges that Appellant while serving as
Master aboard the M/V POLING BROS. NO. 7:
...while transiting out bound the CNJ Railroad Bridge in
Newark Bay, NJ, did on or about 0930, 21 July 1983
negligently fail to navigate your vessel with due caution
resulting in a collision between your vessel, the M/V
POLING BROS. No. 7 and the Great Lakes Drill Barge No.
7 which was anchored in the East Draw of Newark Bay, NJ
engaged in demolition operations.
The hearing was held in New York, New York, on 13, 16 and 26
September 1983. | Appeal No. 2378 | Suspension and Revocation Appeals Authority | 2/8/1985 | 2/8/1985 | | 12/7/2017 |
| Suspension and Revocation Appeals Authority | 2377 - HICKEY | This appeal has been taken in accordance with 46 U.S.C.
7702(b) and 46 CFR 5.30-1.
By order dated 9 May 1984, an Administrative Law Judge of the
United States Coast Guard at Portland, Maine revoked Appellant's
seaman's document and license upon finding him guilty of the charge
of "conviction for a dangerous drug law violation." The
specification found proved alleges that being the holder of the
documents above captioned, on or about 23 March 1984, Appellant was
convicted in the United States District Court for the District of
Maine for conspiring to import large quantities of marijuana into
the United States.
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 2 exhibits.
In defense, Appellant offered in evidence 6 exhibits and his
own testimony.
At the end of the hearing, the Administrative Law Judge
rendered an oral decision in which he concluded that the charge and
specification had been proved by plea. He then entered an order
revoking the merchant mariner's license and document issued to
Appellant. | Appeal No. 2377 | Suspension and Revocation Appeals Authority | 2/7/1985 | 2/7/1985 | | 12/7/2017 |
| Suspension and Revocation Appeals Authority | 2376 - FRANK | This appeal has been taken in accordance with 46 U.S.C. 239(g)
and 46 CFR 5.30-1.
By order dated 28 February 1983, an Administrative Law Judge
of the United States Coast Guard at Houston, Texas, revoked
Appellant's seaman's document upon finding him guilty of
misconduct. The specification found proved alleges that while
serving as utility 3rd on board the S.S. ASHLEY LYKES under
authority of the document above captioned, on or about 5 February
1983, while said vessel was in the port of Houston, Texas,
Appellant wrongfully possessed certain narcotics, to wit: hashish
and marijuana.
The hearing was held at Houston, Texas on 28 February 1983.
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 four exhibits
and the testimony of one witness.
In defense, Appellant offered in evidence his own testimony.
At the end of the hearing, the Administrative Law Judge
rendered an oral decision in which he concluded that the charge and
specification had been proved by plea. He then served a written
order on Appellant revoking all documents issued to him. | Appeal No. 2376 | Suspension and Revocation Appeals Authority | 2/2/1985 | 2/2/1985 | | 12/7/2017 |
| Suspension and Revocation Appeals Authority | 2375 - CLEMENT | This appeal has been taken in accordance with 46 U.S.C. 7702
and 46 CFR 5.30-1.
By order dated 4 October 1983 an Administrative Law Judge of
the United States Coast Guard at Houston, Texas suspended
Appellant's license and document for two months outright plus six
months on twelve months' probation upon finding him guilty of
misconduct, charged as a violation of statute. Appellant filed a
timely notice of appeal on 2 November 1983.
The specification found proved alleges that while serving as
operator on board the uninspected towed vessel M/V JOAN CENAC,
under authority of the above captioned license, on or about 10
April, 1983, Appellant wrongfully absented himself from the
wheelhouse for a period of approximately four (4) hours leaving the
responsibility for navigation of the vessel and tow to an
unlicensed mate, in violation of 46 U.S.C. 405(b)(2).
The hearing was held in Port Aurthur, Texas on 10 May 1983.
At the hearing, Appellant was represented by professional
counsel.He entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced into evidence six
exhibits and one witness. In defense, Appellant introduced into
evidence one document and his own testimony. | Appeal No. 2375 | Suspension and Revocation Appeals Authority | 1/11/1985 | 1/11/1985 | | 12/7/2017 |
| Suspension and Revocation Appeals Authority | 2374 - JETER | This appeal has been taken in accordance with Title 46 U.S.C.
7702 (b) and 46 CFR 5.30-1. By order dated 27 July 1983, an
Administrative Law Judge of the United States Coast Guard at
Houston, Texas revoked Appellant's seaman's document upon finding
proved the charge of misconduct. The specification found proved
alleges that while serving as fleet chef aboard the SS EXXON SAN
FRANCISCO, under the authority of the document above captioned, on
or about 24 December 1981, while the vessel was at sea, Appellant
did wrongfully rape a crew member of the vessel, namely, Robin
Casson.
The hearing was held at Houston, Texas 14 December 1982, 22
and 24 January 1983, 9 February 1983 and 13 and 15 April 1983. At
the hearing Appellant was represented by professional counsel and
entered a plea of not guilty to the charge and specification.
The Investigating Officer introduced into evidence the
testimony of three witnesses, transcripts of depositions of six
additional witnesses, and seven other exhibits.
In defense, Appellant offered in evidence his own testimony,
the testimony of two additional witnesses, transcripts of
depositions of four witnesses, and three other exhibits. | Appeal No. 2374 | Suspension and Revocation Appeals Authority | 11/23/1984 | 11/23/1984 | | 12/7/2017 |
| Suspension and Revocation Appeals Authority | 2373 - OLDOW | This appeal has been taken in accordance with 46 U.S.C.
239(g), and 46 CFR 5930-1.
By order dated 25 April 1983, an Administrative Law Judge of
the United States Coast Guard at Seattle, Washington suspended
Appellant's license for two months on six months' probation, upon
finding him guilty of negligence. The specification found proved
alleges that while serving as Operator on board the M/V SHAMAN
under authority of the license above captioned, on or about 22 July
1982, Appellant failed to properly navigate the vessel in the
confined waters adjacent to Knights Island, Prince William Sound,
Alaska, thereby contributing to the grounding of the vessel.
The hearing, was held at Anchorage, Alaska on 4 and 5 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 seven
exhibits and the testimony of one witness. | Appeal No. 2373 | Suspension and Revocation Appeals Authority | 10/16/1984 | 10/16/1984 | | 12/7/2017 |
| Suspension and Revocation Appeals Authority | 2372 - COLLA | This appeal has been taken in accordance with Title 46 CFR
5.30-15(a)(1).
The hearing was held on 2 May 1984 and 7 June 1984 at
Baltimore, Maryland.
By order dated 7 June 1984, an Administrative Law Judge of the
United States Coast Guard at Norfolk, Virginia, suspended
Appellant's license and seaman's document upon finding proved the
charge of misconduct. The specification alleges that while serving
as Second Mate aboard the SS CORONADO, under authority of the
document above captioned, on or about 1 April 1983, Appellant did
fail to perform his duty as deck watch officer by falling asleep on
the wheelhouse settee while the vessel was at anchor.
On 28 June 1984, the Appellant requested a temporary license
and document pending appeal. The Administrative Law Judge denied
the request by his order dated 3 July 1984. | Appeal No. 2372 | Suspension and Revocation Appeals Authority | 10/5/1984 | 10/5/1984 | | 12/7/2017 |
| Suspension and Revocation Appeals Authority | 2371 - MCFATE | This appeal has been taken in accordance with Title 46 U.S.C.
239(g) and 46 CFR 5.30-1.
By order dated 4 March 1983, an Administrative Law Judge of
the United States Coast Guard at Port Arthur, Texas revoked
Appellant's license upon finding him guilty of misconduct. The
specification found proved alleges that Appellant, while serving as
Assistant Engineer on board the M/V WARRIOR under authority of the
above captioned documents did, on or about 16 September 1980,
wrongfully assault and batter the Chief Engineer, Mr. Matthew P.
Laving, with a deadly weapon, to wit, a knife, and inflicted severe
bodily harm while the vessel was underway in San Juan Harbor,
Puerto Rico.
The hearing was held at Port Arthur, Texas, on 25 January
1983.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced five documents and the
testimony of two witnesses into evidence.
In defense, Appellant introduced his own testimony into
evidence. | Appeal No. 2371 | Suspension and Revocation Appeals Authority | 9/27/1984 | 9/27/1984 | | 12/7/2017 |
| Suspension and Revocation Appeals Authority | 2370 - LEWIS | This appeal has been taken in accordance with 46 U. S. C.
239(g) and 46 CFR 5.30-1.
By order dated 17 March 1983, an Administrative Law Judge of
the United States Coast Guard at Norfolk, Virginia, suspended
Appellant's license for six months on twelve months' probation,
upon finding him guilty of negligence. The specification found
proved alleges that while serving as Operator on board the M/V
EXXON CRYSTAL RIVER under authority of the license above captioned,
on or about 10 February 1983, Appellant negligently failed to
safely navigate a flotilla consisting of the M/V EXXON CRYSTAL
RIVER and EXXON BARGE NUMBER 32, resulting in an allision between
the flotilla and the Koch Oil Terminal Pier in Newport News,
Virginia.
The hearing was held at Norfolk, Virginia on 17 March 1983.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification. | Appeal No. 2370 | Suspension and Revocation Appeals Authority | 9/5/1984 | 9/5/1984 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2369 - ASHLEY | This appeal has been taken in accordance with 46 U. S. C.
239(g) and CFR 5.30-1.
By order dated 23 February 1983, an Administrative Law Judge
of the United States Coast Guard at Long Beach, California,
suspended Appellant's license for two months on twelve months'
probation, upon finding him guilty of negligence. The
specification found proved alleges that while serving as Operator
on board the United States M/V ELDORADO under authority of the
license above captioned, on or about 1400, 22 January 1983,
Appellant failed "to maneuver his vessel with caution, placing it
in risk of a collision with the SS EXXON GALVESTON, and making it
necessary for the SS EXXON GALVESTON, which was to the right in a
crossing situation, to make an emergency maneuver."
The hearing was held at Long Beach, California on 10 February
1983.
At the hearing, Appellant elected to act as his own counsel
and entered a plea of not guilty to the charge and specification. | Appeal No. 2369 | Suspension and Revocation Appeals Authority | 8/22/1984 | 8/22/1984 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2368 - MADJIWITA | This appeal has been taken in accordance with 46 U.S.C.
7702(b) and 46 CFR 5.30-1.
By order dated 16 March 1984, an Administrative Law Judge of
the United States Coast Guard at St. Louis, Missouri suspended
Appellant'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 pilot on
board the Panamanian vessel, the M/V PASSAT, under the authority of
the license above captioned, on or about 17 August 1983, Appellant
negligently failed to insure that there was adequate clearance
between the vessel's #4 cargo hatch boom and the Tower Drive
Bridge, which spans the Fox River at Green Bay, Wisconsin, prior to
transiting beneath the bridge, causing the boom to strike the
bridge.
The hearing was held at Sturgeon Bay, Wisconsin on 25 August
1983.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification. | Appeal No. 2368 | Suspension and Revocation Appeals Authority | 8/14/1984 | 8/14/1984 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2367 - SPENCER | This appeal has been taken in accordance with 46 U.S.C.
7702(b) and 46 CFR 5. 30-1.
By order dated 12 September 1983, an Administrative Law Judge
of the United States Coast Guard at St. Louis, Missouri, suspended
Appellant's mariner's license for two months, plus two months on
twelve months' probation, upon finding him guilty of negligence.
The specification found proved alleges that while serving as
Operator on board the United States M/V RUST FLOWERS, under
authority of the above captioned license, at or about 1955, 14
April 1983, Appellant did cause his tow to allide with the tank
barge CE-64, the crane barge number 2, the freight barge VL-361,
and the freight barge PB-142, while they were moored at the
National Marine Services repair facility, mile 196.6, upper
Mississippi River.
The hearing was held at St. Louis, Missouri, on 4 May 1983,
and 1 June 1983. At the hearing, Appellant was represented by
professional counsel and entered a plea of not guilty to the charge
and specification. | Appeal No. 2367 | Suspension and Revocation Appeals Authority | 7/17/1984 | 7/17/1984 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2366 - MONAGHAN | This appeal has been taken in accordance with Title 46 U.S.C.
7702 and 46 CFR 5.30-1.
By order dated 2 December 1983, an Administrative Law Judge of
the United States Coast Guard at St. Louis, Missouri suspended
Appellant's mariner's license for two months, on twelve months'
probation, upon finding him guilty of negligence. The
specification found proved alleges that while serving as Operator
on board the M/V STEEL PIONEER under authority of the license above
captioned, on or about 7 May 1983, Appellant navigated his flotilla
in such a manner that the port lead barge allided with the
guidewall at Markland Lock, Ohio River.
The hearing was held at Pittsburgh, Pennsylvania on 18 August
1983.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced in evidence seven
exhibits and the testimony of one witness. | Appeal No. 2366 | Suspension and Revocation Appeals Authority | 7/16/1984 | 7/16/1984 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2365 - EASTMAN | This appeal has been taken in accordance with Title 46 U.S.C.
239(g) and 46 CFR 5.30-1.
By order dated 4 August 1982, an Administrative Law Judge of
the United States Coast Guard at Portland, Maine suspended
Appellant's license for two months on twelve months' probation,
upon finding him guilty of negligence and misconduct. The
specification found proved under the charge of negligence alleges
that while serving as Operator on board the United States M/V
VIKING SUN under authority of the license above captioned, on or
about 21 June 1981, Appellant continued the voyage of the M/V
VIKING SUN into hazardous waters after the starboard engine
stalled. The specifications found proved under the charge of
misconduct allege that Appellant wrongfully: (1) failed to provide
the passengers with emergency procedures in accordance with 46 CFR
185.25-1 and (2) operated the M/V VIKING SUN while carrying
passengers without a valid certificate of inspection.
The hearing was held at Portland, Maine on 15, 16, and 17 June
1982. | Appeal No. 2365 | Suspension and Revocation Appeals Authority | 7/10/1984 | 7/10/1984 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2364 - CAMPANA | This appeal has been taken in accordance with 46 U.S.C. 239(g)
and 46 CFR 5.30-1.
By order dated 15 August 1983, an Administrative Law Judge of
the United States Coast Guard at Alameda, California, suspended
Appellant's seaman's document for six months on twelve months'
probation, upon finding him guilty of misconduct. The
specification found proved alleges that while serving as wiper on
board the United States S.S. PRESIDENT PIERCE under authority of
the document above captioned, on or about 1600, 21 April 1983,
Appellant did wrongfully disobey a lawful order of the First
Engineer, Roy A. Carlson, in that he refused to pick up debris.
The hearing was held at Alameda, California, on 8 August 1983.
Appellant did not appear at the hearing and was not
represented. The hearing proceeded in absentia. The
Administrative Law Judge entered a plea of not guilty on behalf of
Appellant.
The Investigating Officer introduced in evidence seven
exhibits. | Appeal No. 2364 | Suspension and Revocation Appeals Authority | 7/10/1984 | 7/10/1984 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2363 - MANN | This appeal has been taken in accordance with 46 U.S. Code
239(g) and 46 CFR 5.30-1.
By order dated 8 July 1982, an Administrative Law Judge of the
United States Coast Guard at San Francisco, California suspended
Appellant's Seaman's License for three months upon finding him
guilty of misconduct. The specifications found proved allege that
while serving as Operator on board the M/V CAPTAIN HORNBLOWER,
under authority of the license above captioned, Appellant did on 16
and 17 February 1981, while carrying 66 and 48 passengers
respectively between the hours of 1900 and 2300 each day,
wrongfully operate said vessel, a non-Coast Guard certificated
vessel, in violation of the provisions of 46 U.S.C. 390c(a). The
hearing was held at san Francisco, California, on 2 March, 2 April,
7 April, 1 May, 7 May, 24 June, and 7 July 1981.
At the hearing, Appellant was represented by professional
counsel, and entered a plea of not guilty to the charge and
specifications.
The Investigating Officer introduced in evidence eight
exhibits and the testimony of two witnesses. | Appeal No. 2363 | Suspension and Revocation Appeals Authority | 6/12/1984 | 6/12/1984 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2362 - ARNOLD | This appeal has been taken in accordance with 4l United States
Code 239(g) and 46 CFR 5.30-1.
By order dated 17 December 1982, an Administrative Law Judge
of the United States Coast Guard Seattle, Washington, suspended
Appellant's seaman's document for ten months upon finding him
guilty of misconduct. The specification found proved alleges that
while serving as able-bodied seaman on board the SS PRINCE WILLIAM
SOUND under authority of the document above captioned, on or about
12 December 1981 through 19 December 1981, Appellant wrongfully
saved in the capacity noted his document was in the possession of
the Coast Guard in Compliance with a Coast Guard Administrative Law
Judge's order.
The hearing was held in Seattle, Washington on 9 September, 20
October, and 17 December 1982.
At the hearing Appellant was represented by professional
counsel. Prior to arraignment, Appellant moved for dismissal. The
motion was denied. After denial of the motion to dismiss and upon
being arraigned, Appellant entered a plea of guilty to the charge
an specification.
The Investigating Officer introduced in evidence sixteen
documents.
The Appellant offered no defense.
At the end of the hearing, the Administrative Law Judge
rendered and oral decision in which he concluded that the charge
and single specification had been proved by plea. He then served
a written order on Appellant suspending all documents issues to
Appellant for a period of ten months.
The entire decision was served on 12 January 1983. Appeal was
timely filed on 22 December 1982, and perfected on 23 March 1983. | Appeal No. 2362 | Suspension and Revocation Appeals Authority | 6/12/1984 | 6/12/1984 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2361 - ZEMEL | This appeal has been taken in accordance with 46 U.S.C.
239(g), 23b and 46 CFR 5.30-1.
By order dated 18 July 1983, and Administrative Law Judge of
the United States Cost Guard at Long Beach, California revoked
Appellant's seaman's document upon finding him guilty of misconduct
and the charge of having been a user of a narcotic drug. The
specifications found proved allege that while acting under
authority of the document above captioned, on or about 14 May 1979,
Appellant made a false or fraudulent statement on CG Form 719B
(Rev. 9-72), Seaman's Certificate Application, by declaring that he
had used a narcotic drug, which declaration was false; and that
while being the holder of the document above captioned, on or about
10 September 1982 and for an unknown period of time before,
Appellant was wrongfully a user of a narcotic drug.
The hearing was held at Long Beach, California on 28 May, 27
June, and 18 July 1983.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charges and each
specification.
The Investigating Officer introduced in evidence three
documents and the testimony of one witness.
Appellant offered no evidence in defense. | Appeal No. 2361 | Suspension and Revocation Appeals Authority | 6/12/1984 | | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2360 - WILKINS.PDF | This appeal has been taken in accordance with Title 46 U.S.C.
239(g) and 46 CFR 5.30-1.
By order dated 30 September 1981, an Administrative Law Judge
of the United States Coast Guard at Jacksonville, Florida
admonished Appellant upon finding him guilty of misconduct. The
specification found proved alleges that while serving as Operator
on board M/V FREEDOM under authority of the above captioned license
on or about 28 January 1981, Appellant exceeded the scope of his
license by navigating the enrolled, coastwise, seagoing barge OCEAN
193, while not on the high seas, without having on board a properly
licensed pilot as required.
The hearing was held at Jacksonville, Florida on 7 July 1981.
At the hearing, Appellant was not present but was represented
by professional counsel. A plea of not guilty to the charge and
specification was entered on his behalf. A stipulation of facts
was entered into between Appellant's counsel and the Investigating
Officer. The Investigating Officer also introduced in evidence an
additional document and stipulated to Appellant's negative prior record. | Appeal No. 2360 | Suspension and Revocation Appeals Authority | 6/12/1984 | 6/12/1984 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2359 - WAINE | This appeal has been taken in accordance with Title 46 U.S.C.
239(g) and 46 CFR 5.30-1.
By order date 15 December 1981, an Administrative Law Judge of
the United States Coast Guard at Boston, Massachusetts, suspended
Appellant's license for four months, plus four months on twelve
months' probation, upon finding him guilty of negligence and
misconduct. The specifications found proved under the charge of
negligence allege that while serving as Master on board the United
States M/V AURIGA, Appellant on or about 10 August 1981, while
navigating in conditions of fog and restricted visibility:
(1) failed to obtain, or properly use, information available
to him from radar observations to determine the course and
speed of another vessel in his vicinity, thereby contributing
to a collision with the SS NAUSHON;
(2) failed to use the bridge-to-bridge radiotelephone to
determine the course and speed of another vessel in his
vicinity, thereby contributing to a collision;
(3) failed to navigate with caution during fog, notwithstanding the fact that information of the proximity and
approach of another vessel was available to him from radar
observations. | Appeal No. 2359 | Suspension and Revocation Appeals Authority | 6/12/1984 | 6/12/1984 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2358 - BUISSET | This appeal has been taken in accordance with Title 46 U.S.C,.
239(g) and 46 CFR 5.30-1.
By order dated 29 October 1982, an Administrative Law Judge of
the United States Coast Guard at Norfolk, Virginia suspended
Appellant's license for six months on twelve months' probation,
upon finding him guilty of misconduct and negligence. The
specifications found proved under the charge of misconduct allege
that while serving as Operator on board the United States M/V
SHARON B. under authority of the license above captioned, on or
about 24 July, while said vessel was pushing the barge JEANNE MARIE
in the Tangier Sound, Appellant wrongfully failed to maintain a
proper lookout and wrongfully failed to take action to avoid a
collision with the 19 foot motorboat, Registration No. MD-9267-P.
The specification found proved under the charge of negligence
alleges that while serving as aforementioned, on the same date,
while said vessel was pushing the barge JEANNE MARIE in the Tangier
Sound, Appellant failed to navigate the vessel with due caution,
thereby causing a collision with the 19 foot motorboat,
Registration No. MD-9267-P. | Appeal No. 2358 | Suspension and Revocation Appeals Authority | 6/8/1984 | 6/8/1984 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2357 - GEESE | This appeal has been taken in accordance with Title 46 U.S.C.
239(g) and 46 CFR 5.30-1.
By order dated 11 March 1983, an Administrative Law Judge of
the United States Coast Guard at Alameda, California, suspended
Appellant's license and merchant mariner's document for a period of
six months, remitted on twelve months probation, upon finding him
guilty of misconduct. Three specifications were found proved. The
first alleges that on 7 February 1982, Appellant, while serving as
second mate on board the SS PRESIDENT MADISON under authority of
the above captioned documents, failed to perform his duties due to
intoxication. The second and third specifications allege failure
to obey direct orders of the Master to go below after being
relieved of his bridge watch.
The hearing was initially convened on board the SS PRESIDENT
MADISON at San Francisco, California on 16 August 1982, and
continued at Alameda, California on 9 November 1982, 7 February
1983, and 14 February 1983.
At the hearing, Appellant was represented by professional
counsel. Appellant entered a plea of not guilty to the charge and
specifications.
The investigating Officer introduced into evidence the
testimony of three witnesses and several documents. | Appeal No. 2357 | Suspension and Revocation Appeals Authority | 6/8/1984 | 6/8/1984 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2356 - FOSTER | This appeal has been taken in accordance with 46 U.S.C.239(g)
and 46 CFR 5.30-1.
By order dated 13 July 1981, an Administrative Law Judge of
the United States Coast Guard, at Long Beach, California, revoked
Appellant's seaman's license upon finding him guilty of misconduct.
The specifications found proved allege that while serving as
Operator aboard the M/V CHARGER, under the authority of the above
captioned license, on or about 24 and 25 April 1981 Appellant
wrongfully: operated the vessel while under the influence of
intoxicating beverages while carrying passengers; molested one or
more female passengers by using improper an suggestive language and
placing his hands on their private parts in a lewd and lascivious
manner against the female passengers' will; and used a narcotic
drug by smoking a marijuana cigarette.
The hearing was held at Honolulu, Hawaii on 14 May 1981. At
the hearing, Appellant was represented by professional counsel and
entered a plea of not guilty to the charge and to each
specification. | Appeal No. 2356 | Suspension and Revocation Appeals Authority | 6/5/1984 | 6/5/1984 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2355 - RHULE | This appeal has been taken in accordance with Title 46 U.S.C.
239(g) and 46 CFR 5.30-1.
By order dated 17 March 1982, and Administrative Law Judge of
the United States Coast Guard at Jacksonville, Florida, revoked
Appellant's license upon finding him guilty of conviction for a
narcotic drug law violation. The specification found proved
alleges that Appellant, while holder of the captioned license, was
convicted on 10 August 1981 of possession of narcotics, to wit,
cannabis, by the Circuit Court of the Seventeenth Judicial Circuit
for Broward County, Florida.
The hearing was held in Miami, Florida on 12 March 1982. At
the hearing, Appellant represented himself and entered a plea of
not guilty to the charge and specification.
The Investigating Officer introduced into evidence two
documents.
In defense, Appellant introduced various items of documentary
evidence and made an unsworn statement in mitigation. | Appeal No. 2355 | Suspension and Revocation Appeals Authority | 6/5/1984 | 6/5/1984 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2354 - DITMARS | This appeal has been taken in accordance with 46 U.S.C. 239(g)
46 CFR 5.30-1 and 46 CFR 5.30-15.
By order dated 26 May 1983, an Administrative Law Judge of the
United States Coast Guard, at Miami, Florida, revoked Appellant's
seaman's license upon finding proved the charge of convict ion for
a narcotic drug law violation. The specification found proved
alleges that being the holder of the license above captioned, on or
about 23 December 1982 Appellant was convicted of knowingly,
intentionally, and unlawfully possessing a controlled substance, to
wit, marijuana.
The hearing was held at Miami, Florida on 26 May 1983.
At the hearing, Appellant represented himself and entered a
plea of guilty to the charge and specification.
The Investigation Officer introduced in evidence five
documents including a copy of the judgement of conviction of the
New Jersey Superior Court, Mercer County, in the case State of
New Jersey v. Gary Neal Ditmars, and a true copy of the
indictment filed in the same ease. | Appeal No. 2354 | Suspension and Revocation Appeals Authority | 6/5/1984 | 6/5/1984 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 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 | 2352 - IAUKEA | This appeal was taken in accordance with Title 46, United
States Code 239(g) and 46 CFR 5.30-1.
By order dated 25 August 1982, and Administrative Law Judge of
the United States Coast Guard at Seattle, Washington suspended
Appellant's seaman's license for six months on twelve months'
probation, upon finding him guilty of "inattention to duty". The
specification found proved alleges that while serving as Chief Mate
on board the United States M/V CATHLAMET under authority of the
license above captioned, Appellant did on or about 0545, 21 April
1982 while said vessel was at the Mukilteo Ferry Terminal,
Mukilteo, Washington, wrongfully fail to perform assigned duties on
the vessel's car deck during unloading operations.
The hearing was held at Seattle, Washington on 22 June 23,
June, 29, June, 30 June, 1 July and 2 July 1982.
At the hearing Appellant was represented by professional counsel
and entered a plea of not guilty to the charge and specification. | Appeal No. 2352 | Suspension and Revocation Appeals Authority | 5/22/1984 | 5/22/1984 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2351 - EINSMANN | By order dated 27 June 1983, an Administrative Law Judge of
the United States Coast Guard at Jacksonville, Florida dismissed
without prejudice a charge of negligence supported by two
specifications and a charge of misconduct supported by one
specification which had been served on Appellant.
ISSUE
The appeal has been taken from the order of the Administrative
Law Judge. Appellant asks that the charges and specifications be
dismissed with prejudice.
APPEARANCE: Corlett, Killian, Hardeman, McIntosh, & Levi, P.A. by
David McIntosh
OPINION
The first question which must be answered is whether an event
has occurred which is subject to appeal. As set forth in detail
below, I conclude that it has not. | Appeal No. 2351 | Suspension and Revocation Appeals Authority | 5/15/1984 | 5/15/1984 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2350 - HINCHCLIFFE | This appeal has been taken in accordance with Title 46 U.S.C. 239(g) and 46 CFR 5.30-1.
By order dated 28 April 1983, an Administrative Law Judge of the United States Coast Guard at Jacksonville, Florida revoked Appellant's license upon finding proved the charge of “conviction for a narcotic drug law violation.” The specification found proved alleged that Appellant, while holder of the above captioned license, was convicted on 11 January 1983 by the United States District Court for the District of Maryland of conspiracy to import marijuana.
The hearing was held at Key West, Florida, on 28 April 1983.
At the hearing, Appellant was represented by professional counsel and entered a plea of not guilty to the charge and specification.
The Investigating Officer introduced into evidence a certified copy of the Judgment of the Court, a copy of the Indictment, and an Affidavit of Service of the charge sheet.
In defense, Appellant offered in evidence his own testimony, the testimony of two additional witnesses, and several documents.
At the hearing, the Administrative Law Judge rendered a decision in which he concluded that the charge and specification had been proved by plea.
The Decision and Order revoking Appellant's license was served on 14 May 1983. Notice of Appeal was timely filed on 24 May 1983 and perfected on 1 August 1983. | Appeal No. 2350 | Suspension and Revocation Appeals Authority | 5/9/1984 | 5/9/1984 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2349 - CANADA | This appeal has been taken in accordance with Title 46 U.S.C.
239(g) and 46 CFR 5.30-1.
By order dated 2 June 1981, an Administrative Law Judge of the
United States Coast Guard at Port Arthur, Texas, suspended
Appellant's Ocean Operator's license and Merchant Mariner's
document for one month on three months' probation, upon finding him
guilty of negligence. The specification found proved alleges that,
while serving as Operator on board the M/V WANDA LOUISE under
authority of the above captioned licenses and document on or about
3 April 1981, Appellant failed to properly supervise the transfer
of oil within the vessel which failure resulted in the discharge of
about 1,000 gallons of oil into the Calcasieu River, a navigable
waterway of the United States.
The hearing was held at Port Arthur, Texas on 12 May 1981.
At the hearing, Appellant was represented by non-professional
counsel and entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced four exhibits and the
testimony of one witness into evidence.
In defense, Appellant offered his own testimony, the testimony
of one witness and four exhibits. | Appeal No. 2349 | Suspension and Revocation Appeals Authority | 5/11/1984 | 5/11/1984 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2348 - MANLEY | This appeal has been taken in accordance with 46 U.S.C. 239(g)
and 46 CFR 5.30-1.
By order dated 30 December 1982, an Administrative Law Judge
of the United States Coast Guard at HOUSTON, TEXAS revoked
Appellant's seaman's document upon finding him guilty of the charge
of "conviction for a drug law violation." The specification found
proved alleges that being the holder of the document above
captioned, on or about 5 June 1981, Appellant was convicted of
possession of marijuana by the County Court of Harris County,
Texas.
The hearing was held at Houston, Texas on 12 November 1982.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced in evidence the record of
Appellant's conviction.
In defense, Appellant made several motions related to the
admissibility of the court records, the legal effect of the Texas
conviction, and the legal adequacy of the Coast Guard proceeding. | Appeal No. 2348 | Suspension and Revocation Appeals Authority | 1/12/1984 | 1/12/1984 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2347 - WILLIAMS, A. D | This appeal has been taken in accordance with Title 46 U.S.C.
239(g) and 46 CFR 5.30-1.
By order dated 26 January 1983, and Administrative Law Judge
of the United States Coast Guard at New York, NY suspended
Appellant's seaman's documents for one month, plus two months on
nine months' probation, upon finding him guilty of misconduct. The
specifications found proved allege that while serving as Qualified
Member of the Engine Department (QMED) on board the SS CHESTNUT
HILL under authority of the document above captioned, on or about
9 December 1982, Appellant uttered abusive language toward the
Third Assistant Engineer and on or about 29 November 1982 failed to
stand his assigned watch.
The hearing was held at Philadelphia, PA on 12 January 1983.
At the hearing, Appellant was represented by non-professional
counsel and entered a plea of guilty to the charge and
specification alleging failure to stand his watch and not guilty to
uttering abusive language to the Third Assistant Engineer.
The Investigating Officer introduced in evidence the testimony
of three witnesses and three exhibits.
Appellant offered no evidence in defense. | Appeal No. 2347 | Suspension and Revocation Appeals Authority | 4/11/1984 | 4/11/1984 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2346 - WILLIAMS | This appeal has been taken in accordance with Title 46 U.S.C.
239(g) and 46 CFR 5.30-1.
By order dated 17 May 1982, an Administrative Law Judge of the
United States Coast Guard at Seattle, Washington revoked
Appellant's seaman's document upon finding him guilty of
misconduct. The specification found proved alleges that while
serving under authority of the document above captioned, on or
about 12 February 1982, Appellant wrongfully and fraudulently
presented to the U.S. Coast Guard Marine Safety Office, Portland,
Oregon, his Merchant Mariner's Document wrongfully altered in
violation of 18 U.S.C. 2197 by the addition of a "Demac"
endorsement, in an attempt to obtain a duplicate document with an
endorsement to which he was not entitled.
The hearing was held at Seattle, Washington on 11 May 1982.
At the hearing, Appellant elected to act as his own counsel
and entered a plea of not guilty to the charge and the
specification.
The Investigating Officer introduced in evidence the testimony
of two witnesses and eleven documentary exhibits.
In defense, Appellant offered in evidence his own testimony.
At the end of the hearing, the Administrative Law Judge
rendered an oral decision in which he concluded that the charge and
the specification has been proved. He then served a written order
on Appellant revoking all documents issued to Appellant. | Appeal No. 2346 | Suspension and Revocation Appeals Authority | 3/30/1984 | 3/30/1984 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2345 - CRAWFORD | This appeal has been taken in accordance with 46 U.S.C.239(g)
and 46 CFR 5.30-1.
By order dated 10 November 1982, and Administrative Law Judge
of the United States Coast Guard at New York, N.Y.suspended
Appellant's seaman's documents for 12 months, upon finding him
guilty of misconduct. The specification found proved alleges that
while serving as Third Assistant Engineer on board the S.S. SANTA
BARBARA under authority of the document and license above
captioned, on or about 29 August 1982, Appellant assaulted and
battered a fellow crewmember, James W. PARRISH, with a dangerous
weapon, a wheel wrench.
The hearing was held at New York, N.Y. on 27 October 1982.
At the hearing, Appellant neither appeared nor was he
represented by counsel. The Investigating Officer testified to
jurisdictional facts concerning service of charges on Appellant and
notice to Appellant of the date of the hearing. A plea of not
guilty to the charge and specification was entered on his behalf by
the Administrative Law Judge and the hearing proceeded in absentia. | Appeal No. 2345 | Suspension and Revocation Appeals Authority | 3/27/1984 | 3/27/1984 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2344 - KOHAJDA | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and 46 CFR 5.30-1.
By Order dated October 1982, an Administrative Law Judge of
the United States Coast Guard at Baltimore, Maryland revoked
Appellant's seaman's document upon finding him guilty of
misconduct.
The specifications found proved that while serving as ordinary
seaman on board the SS PENNY under the authority of the above
captioned document, while the vessel was at the Port of Tamatave,
Madagascar, Appellant did:
(1) On or about 0500 on 11 Dec 1981, fail to perform his
assigned duty of opening cargo hatches;
(2) On or about 0500 on 16 Dec 1981, fail to perform his
assigned duty of opening cargo hatches;
(4) On or about 1300 and 1330 on 18 Dec 1981, fail to perform
his assigned duty as gangway watch, and was discovered aft of
the liverpool house out of sight of the gangway;
(5) On or about 0000 to 0050 on 25 Dec 1981, fail to perform
his assigned duty as gangway watch;
(6) On or about 0230 and 0430 on 25 Dec 1981, fail to perform
his duty as gangway watch in that he was found asleep in the crew's messroom;
(8) On or about 30 Dec 1981, assault and batter with his
fists the vessel's Master, and threaten to kill said Master;
(9) On or about 30 Dec 1981, assault the Chief Mate by
threatening to kill him. | Appeal No. 2344 | Suspension and Revocation Appeals Authority | 3/28/1984 | 3/28/1984 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2343 - WILLIAMS | This appeal has been taken in accordance with 46 CFR 5.30-15.
By order dated 21 July 1983, an Administrative Law Judge of
the United States Coast Guard at Houston, Texas revoked Appellant's
mariners document upon finding proved the charge of "possession of
marijuana aboard the SS INGER." On 31 August 1983 Appellant filed
a Notice of Appeal from then Order of the Administrative Law Judge
and a request for a temporary document. The Administrative Law
Judge denied the request by his order dated 16 November 1983.
Appellant's delay in filing the notice of appeal was caused by
Hurricane Alicia. It will therefore be considered timely.
BASIS OF APPEAL
This appeal has been taken from the order of the
Administrative Law Judge of 16 November 1983 denying a temporary
document. Appellant advances no grounds for his appeal.
OPINION
The Administrative Law Judge's interpretation of the
regulations and my Decisions on Appeal is not correct insofar as he
concludes that temporary licenses or documents may not be issued
following a finding that one of the offenses listed in 46 CFR
5.03-5(b) has been proved. | Appeal No. 2343 | Suspension and Revocation Appeals Authority | 3/6/1984 | 3/6/1984 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2342 - MAKRINOS | This appeal has been taken in accordance with Title 46 U.S.C.
239(g) and 46 CFR 5.30-1.
By order dated 31 August 1981, an Administrative Law Judge of
the United States Coast Guard at Boston, Massachusetts, suspended
Appellant's license for one month, upon finding him guilty of
misconduct. The specification found proved, alleges that while
serving as Master on board the United States S/S OASIS HAWAII,
under authority of the license above captioned, on or about 11
March 1981, Appellant allowed his vessel to depart the port of
Texas City, Texas with its load line submerged.
The hearing was held at Boston, Massachusetts, on 2 and 30
April, 28 and 29 May, 4 June, and 16 July 1981.
At the hearing, appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced in evidence 14 exhibits
and called four witnesses. | Appeal No. 2342 | Suspension and Revocation Appeals Authority | 3/6/1984 | 3/6/1984 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2341 - SCHUILING | This appeal has been taken in accordance with Title 46 U.S.C.
239(g) and 46 CFR 5.30-1.
By order dated 22 December 1982, an Administrative Law Judge
of the United States Coast Guard at Wilmington, N.C. admonished
Appellant upon finding him guilty of misconduct. The
specifications found proved allege that while serving as Chief
Engineer on board the United States vessel SS JACKSONVILLE under
authority of the license above captioned, on or about 8 October
1982, Appellant failed to notify the Officer in Charge, Marine
Inspection, Baltimore, Maryland, that the main propulsion motor of
the vessel was flooded, that on 8 October 1982 he allowed repairs
to be made to the main motor without the cognizance of the Officer
in Charge, Marine Inspection, and that on or about 13 October 1982,
Appellant failed to immediately notify the Officer in Charge,
Marine Inspection, Wilmington, N.C., of the failure at sea of the
vessel's main motor.
The hearing was held at Wilmington, N.C., on 4 November 1982. | Appeal No. 2341 | Suspension and Revocation Appeals Authority | 2/6/1984 | 2/6/1984 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2340 - JAFFEE | This appeal has been taken in accordance with Title 46 U.S.C.
239(g) and 46 CFR 5.30-1.
By order dated 31 January 1983, an Administrative Law Judge of
the United States Coast Guard at Almeda, California suspended
Appellant's license for six months, plus six months on twelve
month's probation, upon finding him guilty of negligence. The
specifications found proved allege that while serving as Operator
on board the United States motor vessel PILLAR POINT 3 under
authority of the license above captioned, on 7 November 1982,
Appellant knowingly carried passengers for hire on the PILLAR POINT
3 on a sport fishing voyage off the coast of California from Pillar
Point Harbor and back to Pillar Point Harbor with the starboard
engine inoperative, the starboard engine-driven bilge pump
inoperative, and the starboard shaft disconnected from the
reduction gear in an unsafe manner.
The hearing was held at Alameda, California on 1 December
1982.
At the hearing, Appellant elected to act as his own counsel
and entered a plea of not guilty to the charge and each
specification. | Appeal No. 2340 | Suspension and Revocation Appeals Authority | 1/20/1984 | 1/20/1984 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2339 - HOOTON | This appeal has been taken in accordance with 46 CFR 5.25-15.
By order dated 11 December 1981, an Administrative Law Judge
of the United States Coast Guard at Seattle, Washington, suspended
Appellant's license for six months, on twelve months probation upon
finding him guilty of misconduct. The specification found proved
alleged that while serving as a Licensed Operator aboard the P/C
SEA HOOK, under the authority of the license above captioned on or
about 19 July 1980, and 8, 19, 21, 23, 27 and 28 September 1981,
Appellant transported passengers for hire onboard a foreign-built
vessel, between Auke Bay, Alaska, and the vicinity of Point
Retreat, Alaska.
The hearing was held at Juneau, Alaska, on 17 November 1981.
Appellant appeared at the hearing without counsel and presented his
evidence which consisted of his oral testimony. He offered neither
documentary evidence, not evidence by deposition. He called no
witnesses.
The Investigating Officer presented the testimony of two
witnesses as well as six documents. | Appeal No. 2339 | Suspension and Revocation Appeals Authority | 1/18/1984 | 1/18/1984 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2338 - FIFER II | This appeal has been taken in accordance with 46 U.S.C. 239(g)
and 46 CFR 5.30-1.
By order dated 8 March 1983, and Administrative Law Judge of
the United States Coast Guard at Miami, Florida revoked Appellant's
mariner's license upon finding proved the charge of "conviction for
a narcotic drug law violation." The specification found proved
alleges that on or about 1 March 1982, Appellant was convicted of
possession of cannabis (over 100 pounds) by the Circuit Court,
Seventeenth Judicial Circuit, in and for Broward County, Florida.
The hearing was held at Miami, Florida on 9 December 1982 and
on 20 January 1983.
At the hearing, Appellant was represented by professional
counsel and entered a plea of guilty to the charge and
specification.
The Investigating Officer introduced in evidence six exhibits.
At the end of the hearing on 9 December 1982 the Administrative Law
Judge rendered an oral decision in which he concluded that the
charge and specification had been proved by plea. The hearing was then continued to 20 January 1983. On that day Appellant
testified, called three witnesses and introduced into evidence two
exhibits all directed toward mitigation and extenuation.
The Administrative Law Judge's decision and order revoking all
licenses and documents issued to Appellant, dated 8 March 1983, was
served on 14 March 1983. Appeal was timely filed on 17 March 1983
and perfected on 4 May 1983. | Appeal No. 2338 | Suspension and Revocation Appeals Authority | 1/6/1984 | 1/6/1984 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2337 - NYBORG | This appeal has been taken in accordance with Title 46 U.S.C.
239(g) and 46 CFR 5.30-1.
By order dated 16 February 1983, an Administrative Law Judge
of the United States Coast Guard at Long Beach, California
admonished Appellant. The specification found proved alleges that
while serving as Pilot on board the United States SS SAN MARCOS and
directing the movements of said vessel under authority of the
license above captioned, on or about 12 May 1981, Appellant failed
to initiate adequate and timely evasive maneuvers to avoid
collision with the F/V SANDRA LINN while overtaking said vessel in
the vicinity of the Bay Bridge in San Francisco Bay.
The hearing was held at San Francisco, California, on 28 July,
11,21,26 and 31 August 1981.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty.
The Investigating Officer introduced in evidence several
documents and the testimony of three witnesses. | Appeal No. 2337 | Suspension and Revocation Appeals Authority | 1/6/1984 | 1/6/1984 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2336 - SAMPSON | This appeal has been taken in accordance with 46 U.S.C.239(g)
and 46 CFR 5.30-1.
By order dated 13 April 1982, an Administrative Law Judge of
the United States Coast Guard at Tampa, Florida revoked Appellant's
seaman's license upon finding him guilty of incompetence. The
specification found proved alleges that Appellant while serving as
Operator on board the United States S/V LA GRINGA, O.N. 530918,
under authority of the license above captioned, did during the year
1981, operate said vessel from St. Petersburg Municipal Marina
Tampa Bay, Florida, while physically incompetent because of
inadequate vision.
The hearing was held at Tampa, Florida, on 12 February 1982
and on 13 April 1982. At the hearing, Appellant elected to act as
his own counsel and entered a plea of not guilty to the charge and
single specification thereunder
The Investigating Officer introduced in evidence seven
exhibits, one of which, Exhibit 1, was a stipulation of fact signed
by both the Investigating Officer and the Appellant. | Appeal No. 2336 | Suspension and Revocation Appeals Authority | 12/9/1983 | 12/9/1983 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2335 - PRIDGEN | This appeal has been taken in accordance with Title 46 U.S.C.
239(g) and 46 CFR 5.30-1.
By order dated 13 May 1980, an Administrative Law Judge of the
United States Coast Guard at Boston, Massachusetts suspended
Appellant's license and document for four months, upon finding him
guilty of negligence and misconduct. The specification of the
negligence charge alleges that while serving as pilot of the M/V
GREAT LAKES, under authority of the license and document above
captioned, on or about 9 October 1979, Appellant navigated that
vessel in a negligent manner by allowing it to allide with moored
construction barges at the Brightman Street Bridge, Fall River,
Massachusetts. The specification of the misconduct charge alleges
that while Appellant was serving as pilot he did so without a
proper endorsement on his license.
The Master of the vessel, Egil K. Pedersen, was also charged
with negligence and misconduct.
The hearing was held in joinder with that of the Master at
Providence, Rhode Island on 12 October 1979, 8 November 1979, 11
December 1979 and 4 January 1980. | Appeal No. 2335 | Suspension and Revocation Appeals Authority | 12/9/1983 | 12/9/1983 | | 12/20/2017 |