| 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 | 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 | 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 | 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 | 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 | 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 | 2353 - EDGELL | This appeal has been taken in accordance with Title 46, United
States Code 239(g) and 46 CFR 5.30-1.
By order dated 22 February 1983, an Administrative Law Judge
of the United States Coast Guard at New Orleans, Louisiana
suspended Appellant's seaman's document for three months on twelve
months' probation, upon finding him guilty of misconduct. The
specification found proved alleges that while serving as Qualified
Member of the Engine Department (QMED) on board the SS DELTA NORTE,
under authority of the document above captioned, on or about 27
December 1982, Appellant did wrongfully engage in mutual combat
with a fellow crewmember.
The hearing was held at New Orleans, Louisiana on 25 January
1983.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced in evidence five exhibits
and the testimony of two witnesses.
In defense, Appellant offered in evidence two exhibits and his
own testimony. | Appeal No. 2353 | Suspension and Revocation Appeals Authority | 6/4/1984 | 6/4/1984 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2354 - DITMARS | This appeal has been taken in accordance with 46 U.S.C. 239(g)
46 CFR 5.30-1 and 46 CFR 5.30-15.
By order dated 26 May 1983, an Administrative Law Judge of the
United States Coast Guard, at Miami, Florida, revoked Appellant's
seaman's license upon finding proved the charge of convict ion for
a narcotic drug law violation. The specification found proved
alleges that being the holder of the license above captioned, on or
about 23 December 1982 Appellant was convicted of knowingly,
intentionally, and unlawfully possessing a controlled substance, to
wit, marijuana.
The hearing was held at Miami, Florida on 26 May 1983.
At the hearing, Appellant represented himself and entered a
plea of guilty to the charge and specification.
The Investigation Officer introduced in evidence five
documents including a copy of the judgement of conviction of the
New Jersey Superior Court, Mercer County, in the case State of
New Jersey v. Gary Neal Ditmars, and a true copy of the
indictment filed in the same ease. | Appeal No. 2354 | Suspension and Revocation Appeals Authority | 6/5/1984 | 6/5/1984 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 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 | 2333 - AYALA | This appeal has been taken in accordance with 46 U.S.C. 239(g)
and 46 CFR 5.30-1
By order dated 21 May 1980, an Administrative Law Judge of the
United States Coast Guard at New York, New York suspended
Appellant's seaman's document for four months, plus two months on
nine months' probation, upon finding him guilty of misconduct. The
specification found proved alleges that while serving as able
seaman on board the United States SS MORMACSAGA under authority of
the document above captioned, on 11 October 1979, Appellant
assaulted and battered Simon Flax, the Boatswain, by striking him
with a "4x4" wooden board.
The hearing was held at New York, New York on 27 November, 3
and 14 December 1979, 17 and 20 January and 13 February 1980.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification. The Investigating Officer introduced in evidence six
exhibits and the testimony of three witnesses. In defense,
Appellant offered in evidence his own testimony.
After the end of the hearing, the Administrative Law Judge
rendered a written decision in which he concluded that the charge
and specification had been proved. The entire decision was served
on 31 May 1980. Appeal was timely filed on 13 June 1980 and
perfected on 8 October 1980. | Appeal No. 2333 | Suspension and Revocation Appeals Authority | 12/5/1983 | 12/5/1983 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2334 - HARTLAGE.PDF | This appeal has been taken in accordance with Title 46 U.S.C.
239(g) and 46 CFR 5.30-1.
By order dated 3 December 1982, an Administrative Law Judge of
the United States Coast Guard at Wilmington, North Carolina
suspended Appellant's license for one month upon finding him guilty
of misconduct. The specification found proved alleges that while
serving as Master on board the United States SS JACKSONVILLE under
authority of the license above captioned, on or about 13 October
1982, Appellant wrongfully allowed the vessel to enter the port of
Wilmington, North Carolina without propulsion power, which was a
hazardous condition, without first notifying the Captain of the
Port, Wilmington, North Carolina as is required by 33 CFR 161.15
The hearing was held at Wilmington, North Carolina on 3 and 4
November 1982.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and each
specification. | Appeal No. 2334 | Suspension and Revocation Appeals Authority | 12/6/1983 | 12/6/1983 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2335 - PRIDGEN | This appeal has been taken in accordance with Title 46 U.S.C.
239(g) and 46 CFR 5.30-1.
By order dated 13 May 1980, an Administrative Law Judge of the
United States Coast Guard at Boston, Massachusetts suspended
Appellant's license and document for four months, upon finding him
guilty of negligence and misconduct. The specification of the
negligence charge alleges that while serving as pilot of the M/V
GREAT LAKES, under authority of the license and document above
captioned, on or about 9 October 1979, Appellant navigated that
vessel in a negligent manner by allowing it to allide with moored
construction barges at the Brightman Street Bridge, Fall River,
Massachusetts. The specification of the misconduct charge alleges
that while Appellant was serving as pilot he did so without a
proper endorsement on his license.
The Master of the vessel, Egil K. Pedersen, was also charged
with negligence and misconduct.
The hearing was held in joinder with that of the Master at
Providence, Rhode Island on 12 October 1979, 8 November 1979, 11
December 1979 and 4 January 1980. | Appeal No. 2335 | Suspension and Revocation Appeals Authority | 12/9/1983 | 12/9/1983 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2336 - SAMPSON | This appeal has been taken in accordance with 46 U.S.C.239(g)
and 46 CFR 5.30-1.
By order dated 13 April 1982, an Administrative Law Judge of
the United States Coast Guard at Tampa, Florida revoked Appellant's
seaman's license upon finding him guilty of incompetence. The
specification found proved alleges that Appellant while serving as
Operator on board the United States S/V LA GRINGA, O.N. 530918,
under authority of the license above captioned, did during the year
1981, operate said vessel from St. Petersburg Municipal Marina
Tampa Bay, Florida, while physically incompetent because of
inadequate vision.
The hearing was held at Tampa, Florida, on 12 February 1982
and on 13 April 1982. At the hearing, Appellant elected to act as
his own counsel and entered a plea of not guilty to the charge and
single specification thereunder
The Investigating Officer introduced in evidence seven
exhibits, one of which, Exhibit 1, was a stipulation of fact signed
by both the Investigating Officer and the Appellant. | Appeal No. 2336 | Suspension and Revocation Appeals Authority | 12/9/1983 | 12/9/1983 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2337 - NYBORG | This appeal has been taken in accordance with Title 46 U.S.C.
239(g) and 46 CFR 5.30-1.
By order dated 16 February 1983, an Administrative Law Judge
of the United States Coast Guard at Long Beach, California
admonished Appellant. The specification found proved alleges that
while serving as Pilot on board the United States SS SAN MARCOS and
directing the movements of said vessel under authority of the
license above captioned, on or about 12 May 1981, Appellant failed
to initiate adequate and timely evasive maneuvers to avoid
collision with the F/V SANDRA LINN while overtaking said vessel in
the vicinity of the Bay Bridge in San Francisco Bay.
The hearing was held at San Francisco, California, on 28 July,
11,21,26 and 31 August 1981.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty.
The Investigating Officer introduced in evidence several
documents and the testimony of three witnesses. | Appeal No. 2337 | Suspension and Revocation Appeals Authority | 1/6/1984 | 1/6/1984 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2338 - FIFER II | This appeal has been taken in accordance with 46 U.S.C. 239(g)
and 46 CFR 5.30-1.
By order dated 8 March 1983, and Administrative Law Judge of
the United States Coast Guard at Miami, Florida revoked Appellant's
mariner's license upon finding proved the charge of "conviction for
a narcotic drug law violation." The specification found proved
alleges that on or about 1 March 1982, Appellant was convicted of
possession of cannabis (over 100 pounds) by the Circuit Court,
Seventeenth Judicial Circuit, in and for Broward County, Florida.
The hearing was held at Miami, Florida on 9 December 1982 and
on 20 January 1983.
At the hearing, Appellant was represented by professional
counsel and entered a plea of guilty to the charge and
specification.
The Investigating Officer introduced in evidence six exhibits.
At the end of the hearing on 9 December 1982 the Administrative Law
Judge rendered an oral decision in which he concluded that the
charge and specification had been proved by plea. The hearing was then continued to 20 January 1983. On that day Appellant
testified, called three witnesses and introduced into evidence two
exhibits all directed toward mitigation and extenuation.
The Administrative Law Judge's decision and order revoking all
licenses and documents issued to Appellant, dated 8 March 1983, was
served on 14 March 1983. Appeal was timely filed on 17 March 1983
and perfected on 4 May 1983. | Appeal No. 2338 | Suspension and Revocation Appeals Authority | 1/6/1984 | 1/6/1984 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2339 - HOOTON | This appeal has been taken in accordance with 46 CFR 5.25-15.
By order dated 11 December 1981, an Administrative Law Judge
of the United States Coast Guard at Seattle, Washington, suspended
Appellant's license for six months, on twelve months probation upon
finding him guilty of misconduct. The specification found proved
alleged that while serving as a Licensed Operator aboard the P/C
SEA HOOK, under the authority of the license above captioned on or
about 19 July 1980, and 8, 19, 21, 23, 27 and 28 September 1981,
Appellant transported passengers for hire onboard a foreign-built
vessel, between Auke Bay, Alaska, and the vicinity of Point
Retreat, Alaska.
The hearing was held at Juneau, Alaska, on 17 November 1981.
Appellant appeared at the hearing without counsel and presented his
evidence which consisted of his oral testimony. He offered neither
documentary evidence, not evidence by deposition. He called no
witnesses.
The Investigating Officer presented the testimony of two
witnesses as well as six documents. | Appeal No. 2339 | Suspension and Revocation Appeals Authority | 1/18/1984 | 1/18/1984 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2340 - JAFFEE | This appeal has been taken in accordance with Title 46 U.S.C.
239(g) and 46 CFR 5.30-1.
By order dated 31 January 1983, an Administrative Law Judge of
the United States Coast Guard at Almeda, California suspended
Appellant's license for six months, plus six months on twelve
month's probation, upon finding him guilty of negligence. The
specifications found proved allege that while serving as Operator
on board the United States motor vessel PILLAR POINT 3 under
authority of the license above captioned, on 7 November 1982,
Appellant knowingly carried passengers for hire on the PILLAR POINT
3 on a sport fishing voyage off the coast of California from Pillar
Point Harbor and back to Pillar Point Harbor with the starboard
engine inoperative, the starboard engine-driven bilge pump
inoperative, and the starboard shaft disconnected from the
reduction gear in an unsafe manner.
The hearing was held at Alameda, California on 1 December
1982.
At the hearing, Appellant elected to act as his own counsel
and entered a plea of not guilty to the charge and each
specification. | Appeal No. 2340 | Suspension and Revocation Appeals Authority | 1/20/1984 | 1/20/1984 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2281 - BROMAN | 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 January 1980, an Administrative Law Judge of
the United States Coast Guard at St. Louis, Missouri, admonished
Appellant upon finding him guilty of misconduct. The specification
found proved alleges that while serving as Master on board the
United States M/V W.W. HOLLOWAY under authority of the license
above captioned, on or about 17 September 1979, Appellant departed
the port of Milwaukee, WI, for Chicago, IL, and traversed Lake
Michigan without the required licensed personnel aboard as required
by the vessel's certificate of inspection, to wit: the vessel
sailed without the second mate having the proper endorsement to be
a first class pilot upon Lake Michigan.
The hearing was held at Chicago, IL on 18 October 1979.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced in evidence the testimony
of one witness and three documents.
The Appellant did not testify, call witnesses or introduce any
documents. | Appeal No. 2281 | Suspension and Revocation Appeals Authority | 8/16/1982 | 8/16/1982 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2282 - LITTLEFIELD | This appeal has been taken in accordance with 46 U.S.C. 239(g)
and Title 46 Code of Federal Regulations 5.30-1.
By order dated 23 November 1979, an Administrative Law Judge
of the United States Coast Guard at Portland, Maine, suspended
Appellant's license for 1 month on 12 months probation. The
specification of the negligence charge found proved alleged that
Appellant, while serving as operator of M/V CAPTAIN LARRY, under
authority of the captioned license, did at about 1315 on 6 August
1979, fail to adequately take into account the fall of the tide,
causing said vessel to ground in the vicinity of Brewer's Boatyard
Docks, Great Chebeague Island, Maine.
At the hearing, Appellant was represented by counsel.
Appellant entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced into evidence the
testimony of four witnesses, and thirteen documents.
In defense Appellant introduced his own testimony and three
documents. | Appeal No. 2282 | Suspension and Revocation Appeals Authority | 8/24/1982 | 8/24/1982 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2303 - HODGMAN | This appeal has been taken in accordance with 46 U.S.C. 239(g)
and 46 CFR 5.30-1.
By order dated 3 February 1983, an Administrative Law Judge of
the United States Coast Guard at Miami, Florida revoked Appellant's
seaman's document upon finding proved the charge of "conviction for
a narcotic drug law violation." The specification found proved
alleges that being the holder of the document above captioned, on
or about "20 May 1977 [Appellant was] convicted of conspiracy to
violate Section 841(a)(I) of Title 21, United States Code (by the
United States District Court for the Southern District of Georgia)
in that [he] did knowingly and intentionally possess with intent to
distribute a quantity of marijuana."
The hearing was held at Miami, Florida on 8 December 1982.
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 a certified
copy of the Judgment of the Court, a copy of the Indictment, and
the Affidavit of Service of the charge sheet.
In defense, Appellant offered in evidence his own testimony,
the testimony of one additional witness and five exhibits. | Appeal No. 2303 | Suspension and Revocation Appeals Authority | 4/22/1983 | 4/22/1983 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2304 - HABECK | This appeal has been taken in accordance with Title 46 U.S.C.
239(g) and 46 CFR 5.30-1.
By order date II June 1981, an Administrative Law Judge of the
United States Coast Guard at New York, New York suspended
Appellant's mariner's license for three months, on twelve months'
probation, upon finding him guilty of negligence. The
specification found proved alleged that, while serving as Master on
board the United States SS CHARLESTON under authority of the
license above captioned, on or about 4 April 1980, Appellant failed
to properly supervise the vessel's bridge watch, which contributed
to the grounding of the vessel. Appellant was also charged with
failure to verify the vessel's position. However, this
specification was dismissed at the end of the Investigating
Officer's case upon motion by Counsel.
The hearing was held at New York, New York on 22 and 27
August; 9 and 30 September; 7, 14 and 25 November; and 5 December
1980; 26 Jan; 6 and 25 February; 6 and 24 March; 2 April; and 19
and 20 May 1981.
At the hearing, Appellant was represented by professional counsel and entered a plea of not guilty to the charge and each
specification.
The Investigating Officer introduced in evidence five
exhibits.
In defense, Appellant offered in evidence one exhibit and
testified in his own behalf. | Appeal No. 2304 | Suspension and Revocation Appeals Authority | 5/9/1983 | 5/9/1983 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2305 - SINGH | This appeal was taken in accordance with Title 46 United
States Code 239(g) and 46 CFR 5.30-1.
By order dated 25 July, 1880, an Administrative Law Judge of
the United States Coast Guard at Boston, Massachusetts suspended
Appellant's license and seaman's document for 1 month on 12 months'
probation, upon finding him guilty of misconduct and negligence.
The specifications found proved allege that while serving as
Chief Engineer on board the United States T/V ALLEGIANCE, O.N.27866
under authority of the document and license above captioned, on or
about 19 December 1979, Appellant: (1) Wrongfully failed to report
a repair to a cargo pump, and (2) was negligent in maintaining and
repairing the vessel's machinery and equipment.
The hearing was held at Melville, Rhode Island and Boston,
Massachusetts on 28 January, II and 26 February, II March, 16 April
and II June 1980.
The hearing was held in joinder with those of John D. Gaboury,
Master of the vessel, and Timothy Fales, the Chief Mate.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and each
specification. | Appeal No. 2305 | Suspension and Revocation Appeals Authority | 5/9/1983 | 5/9/1983 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2306 - FALES | This appeal was taken in accordance with Title 46 Code 239(g)
and 46 CFR 5.30-1.
By order dated 25 July 1980, an Administrative Law Judge of
the United States Coast Guard at Boston, Massachusetts suspended
Appellant's license for one month on twelve month's probation, upon
finding him guilty of negligence. The specifications found proved
allege:
(1) That while serving as Chief Mate on board the United
States T/V ALLEGIANCE, O.N. 271866 under authority of the
license above captioned, between 12 October 1979 and 19
December 1979, Appellant had responsibility for all cargo
equipment and failed to maintain that equipment in safe
operating condition such that:
1. No. 10 cargo pump in aft pumproom was leaking from
both shafts;
2. No. 11 cargo pump in aft pumproom was leaking
excessively from packing gland;
3. Port bulkhead stop valve on suction line in aft
pumproom was leaking through the packing gland;
4. No. 5 cargo pump suction line was holed and leaking
in amidships pumproom;
5. No. 5 cargo line riser valve in amidships pumproom
was leaking;
6. No 12 cargo pump discharge riser in aft pumproom was
repaired with a cement patch.
(2) That while so serving Appellant allowed an excessive
amount of product to accumulate and remain in the
amidships pumproom bilge creating a hazardous condition
aboard the vessel. | Appeal No. 2306 | Suspension and Revocation Appeals Authority | 5/9/1983 | 5/9/1983 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2307 - GABOURY | 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 July 1980, an Administrative Law Judge of
the United States Coast Guard at Boston, Massachusetts, suspended
Appellant's license for one month, on twelve months' probation,
upon finding him guilty of negligence. The specification found
proved alleges that while serving as Master on board the United
States T/V ALLEGIANCE under authority of the license above
captioned, on 19 December 1979, Appellant operated or allowed the
said vessel to be operated in an unsafe condition in that the
following hazardous conditions existed:
1. Excessive cargo product accumulation in the bilges of
the amidships pumproom;
2. No. 10 cargo pump in aft pumproom leaking from both
shafts;
3. No. 11 cargo pump in aft pumproom leaking excessively
from packing gland;
4. No. 5 cargo pump suction line holed and leaking in amidships pumproom;
5. No. 5 cargo line riser valve in amidships pumproom
leaking;
6. No. 12 cargo pump discharge riser in aft pumproom
repaired with a cement patch;
7. Port bulkhead stop valve on suction line in aft
pumproom leaking through packing gland.
The hearing was held at Melville, Rhode Island and Boston,
Massachusetts on 28 January, 11 and 26 February, 11 March, 16 April
and 12 June 1980. | Appeal No. 2307 | Suspension and Revocation Appeals Authority | 5/9/1983 | 5/9/1983 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2308 - GRAY | This appeal has been taken in accordance with Title 46 U.S.C.
239(g) and 46 CFR 5.30-1.
By order dated 20 September 1982, an Administrative Law Judge
of the United States Coast Guard at Long Beach, California
suspended Appellant's License for three months, on twelve months'
probation, upon finding him guilty of misconduct. The
specification found proved alleges that while serving as Ocean
Operator aboard the United States vessel C. DOMINATOR under
authority of the license above captioned, on various dates between
12 May and 6 July 1982, Appellant wrongfully operated said vessel,
a passenger vessel, without having on board an unexpired
Certificate of Inspection.
The hearing was held at Long Beach, California on 20 September
1982.
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. 2308 | Suspension and Revocation Appeals Authority | 5/5/1983 | 5/5/1983 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2309 - CONEN | This appeal was taken in accordance with Title 46 United
States Code 239(g) and 46 CFR 5.30-1.
By order dated 7 July 1981, an Administrative Law Judge of the
United States Coast Guard at New York, New York, suspended
Appellant's seaman's document for three months, plus three months
on twelve months' probation, upon finding him guilty of misconduct.
The specifications found proved alleged that: (1) while serving
as Electrician on board the SS MORMACSEA under authority of the
document above captioned, Appellant did on or about 1700-1800, 10
December 1980, while the said vessel was in the port of East
London, South Africa, wrongfully disobey a lawful order of the
Chief Engineer by absenting himself from the vessel when instructed
to remain on board; and (2) while serving as aforesaid did on or
about 0900-1830, 14 December 1980, while the vessel was in Cape
Town, South Africa, wrongfully fail to perform assigned duties.
The hearing was held at New York, New York on 3,10,20 and 27
February 1981.
At the hearing, Appellant elected to act as his own counsel
and entered a plea of not guilty to the charge and each specification.
The Investigating Officer introduced in evidence the testimony
of two witnesses and four exhibits.
In defense, Appellant offered in evidence nine exhibits and
the testimony of one witness. | Appeal No. 2309 | Suspension and Revocation Appeals Authority | 5/12/1983 | 5/12/1983 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2310 - MANLEY | This appeal has been taken in accordance with Title 46 CFR
5.30-15.
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 proved the charge of
"conviction for a narcotic drug law violation."
On 4 February 1983 Appellant requested a temporary document
pending appeal. The Administrative Law Judge denied the request by
letter on 7 February 1983.
BASES OF APPEAL
This appeal has been taken from the denial of a temporary
document by the Administrative Law Judge. It is urged that
Appellant should have been issued a temporary document.
OPINION
The decision of the Administrative Law Judge states only that
the request for the temporary document was received and is denied.
This is not sufficient.
The Administrative Procedure Act requires that an agency
rejection of an application "be accompanied by a brief statement of
the grounds for denial." See 5 USC 555e. The grounds must, of | Appeal No. 2310 | Suspension and Revocation Appeals Authority | 5/17/1983 | 5/17/1983 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2311 - STRUDWICK | This appeal has been take in accordance with 46 CFR 5.30-15.
By order dated 9 February 1983, an Administrative Law Judge of
the United States Coast Guard at Miami, Florida revoked Appellant's
mariner's license upon finding proved the charge of "conviction for
a narcotic drug law violation." Also on 9 February 1983 Appellant
filed a Notice of Appeal from the Order of the Administrative Law
Judge and a request for a temporary license. The Administrative
Law Judge denied the request by his order of 15 February 1983.
BASES OF APPEAL
This appeal has been taken from the order of the
Administrative Law Judge denying a temporary license. It is urged
that the denial was erroneously based on a regulation existing in
1957 which no longer exists and a decision based on that regulation
instead of on the current regulations. | Appeal No. 2311 | Suspension and Revocation Appeals Authority | 5/17/1983 | 5/17/1983 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2312 - HITT III | This appeal has been taken in accordance with 5 U.S.C. 504 and
49 CFR Part 6.
By order dated 21 July 1982, an Administrative Law Judge of
the United States Coast Guard at Norfolk, Virginia denied
Appellant's application for attorney's fees and expenses incurred
as a result of defending himself against a charge of misconduct
brought by the Coast Guard against his Operator's license. One
specification supported the charge of misconduct. It was alleged
that, while serving as Operator aboard tug LARK, under authority of
the license above captioned, on or about 0650 on 11 April 1982,
while transiting the Nanticoke River Entrance, Appellant wrongfully
failed to perform his duties by leaving the tug bridge without
proper relief. Appellant pled guilty to a concurrently filed
negligence charge.
The hearing was held at Norfolk, Virginia on 11 May 1982. At
the conclusion of the hearing, the Administrative Law Judge
rendered an order in which he dismissed the misconduct charge and
specification. | Appeal No. 2312 | Suspension and Revocation Appeals Authority | 5/22/1983 | 5/22/1983 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2314 - CREWS | This appeal has been taken in accordance with Title 46 U.S.C.
239(g) and 46 CFR 5.30-1.
By order dated 23 April 1981, an Administrative Law Judge of
the United States Coast Guard at Jacksonville, Florida, revoked
Appellant's document, upon finding him guilty of misconduct. One
specification found proved alleged that while serving as Bosun on
board the SS SANTA LUCIA under authority of the document above
captioned, on or about 2 November 1980, Appellant wrongfully
assaulted and battered a fellow crewmember by striking him in the
face with his fist. A second specification found proved alleged a
simple assault on 3 November 1980 on another crewmember.
Additionally found proved are four specifications of either
wrongful absence or wrongful failure to perform duties, none of
which exceeds one day in duration, between 23 October 1980 and 2
January 1981.
The hearing, in four sessions, was held at New York, New York
on 12 January and 16 January 1981 and at Jacksonville, Florida on
30 January and 15 April 1981.
At the hearing, Appellant elected to act as his own counsel
and entered a plea of not guilty to the charge and to
specifications one through five and of guilty to specification six
alleging a wrongful failure to report for duty at 0800 and 1300, 2
January 1981 while the SS SANTA LUCIA was at anchor at Callao,
Peru. | Appeal No. 2314 | Suspension and Revocation Appeals Authority | 5/23/1983 | 5/23/1983 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2315 - FIFER | This appeal has been taken in accordance with 46 CFR 5.30-15.
By order dated 18 March 1983, an Administrative Law Judge of
the United States Coast Guard at Miami, Florida revoked Appellant's
mariner's license upon finding proved the charge of "conviction for
a narcotic drug law violation." On 17 March 1983 Appellant file a
Notice of Appeal from the Order of the Administrative Law Judge and
a request for a temporary license. The Administrative Law Judge
denied the request by his order of 24 March 1983.
BASES OF APPEAL
This appeal has been taken from the order of the
Administrative Law Judge denying a temporary license. It is urged
that Appellant's service on board a vessel is compatible with the
requirements for safety of life and property at sea and Appellant's
prior record justifies the issuance of a temporary license. I note
that these are the criteria for issuing a temporary license set
forth in 46 CFR 5.30-15 and that the Administrative Law Judge did
not address them in his denial. | Appeal No. 2315 | Suspension and Revocation Appeals Authority | 6/6/1983 | 6/6/1983 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2316 - MCNAUGHTON | This appeal has been taken in accordance with Title 46 U.S.C.
239(g) and 46 CFR 5.30-1.
By order dated 15 January 1981, an Administrative Law Judge of
the United States Coast Guard at Boston, Massachusetts admonished
Appellant upon finding him guilty of negligence. The specification
found proved alleged that while serving as master on board S.S. BAY
STATE under authority of the documents above captioned, on or about
29 July 1980, Appellant allowed said vessel to sail with
insufficient metacentric height to meet the requirements set forth
in the vessel's Trim and Stability Booklet.
The Hearing was held at Boston, Massachusetts on 21 October,
13 November, and 8 December 1980, and 6 January 1981.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced in evidence 8 exhibits
and the testimony of 2 witnesses including an expert on the
calculation of metacentric height.
In defense, Appellant offered in evidence 4 exhibits, his own
testimony, and the testimony of one other witness. | Appeal No. 2316 | Suspension and Revocation Appeals Authority | 8/31/1983 | 8/31/1983 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2317 - KONTOS | This appeal had been taken in accordance with Title 46
U.S.C.239(g) and 46 CFR 5.30-1.
By order dated 25 January 1982, an Administrative Law Judge of
the United States Coast Guard at Boston, Massachusetts revoked the
seaman's document of Appellant, upon finding him guilty of
misconduct. The specifications found proved allege that while
serving as an ordinary seaman aboard S/S LNG TAURUS under authority
of his document above captioned, Appellant did on 20 November 1981
while S/S LNG TAURUS was in the port of Arun, Indonesia: (1)
wrongfully fail to perform his duties by reason of intoxication;
(2) assault and batter by beating with his fists a member of the
crew, the Third Mate, Scott L. Ervin; (3) Assault and batter by
biting on the lower leg a member of the crew, the Cargo Control
Officer, William G. LANGELY; and (4) wrongfully damage the seawater
temperature gauge and a light fixture with a chair in the Cargo
Control Room.
On 25 November 1981 the charges were served and the hearing
was set for 13 January 1982. On 2 December 1981 Appellant
telephoned the Administrative Law Judge requesting an earlier
hearing sometime before Christmas. The Administrative Law Judge denied the request because the principal witnesses, were to be at
sea between Indonesia and Japan until January 1982. Appellant was
duly notified of this denial and the reasons for it by the
Administrative Law Judge.
The hearing was held in absentia at Boston, Massachusetts
on 13 January 1982. | Appeal No. 2317 | Suspension and Revocation Appeals Authority | 8/31/1983 | 8/31/1983 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2318 - STRUDWICK | This appeal has been taken in accordance with 46 CFR 5.30-15.
By order dated 9 February 1983, and Administrative Law Judge
of the United States Coast Guard at Miami, Florida revoked
Appellant's mariner's license upon finding proved the charge of
"conviction for a narcotic drug law violation." Also on 9 February
1983 Appellant filed a Notice of Appeal from the order of the
Administrative Law Judge and a request for a temporary license.
The Administrative Law Judge denied the request by his order of 15
February 1983. Decision on Appeal 2311 (STRUDWICK) of 17 May
1983 VACATED the Administrative Law Judge's order of 15 February
1983 and REMANDED the request for a temporary license for a new
decision. By his order of 24 May 1983 the Administrative Law Judge
again denied Appellant's request for a temporary license.
BASIS OF APPEAL
This appeal has been taken from the order of the
Administrative Law Judge of 24 May 1983 denying a temporary
license. Appellant urges that the denial was based on an erroneous
interpretation of 46 CFR 5.30-15(b) and 46 CFR 5.03-5(b)
prohibiting the issuance of temporary licenses and documents in cases involving those offenses listed in 46 CFR 5.03-5(b) as being
deemed to affect the safety of life and property at sea. | Appeal No. 2318 | Suspension and Revocation Appeals Authority | 8/31/1983 | 8/31/1983 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2319 - PAVELEC | This appeal has been taken in accordance with Title 46 U.S.C.
239(g) and 46 CFR 5.30-1.
By order dated 21 January 1982, an Administrative Law Judge of
the United States Coast Guard at Houston, Texas suspended
Appellant's license for one month, plus two months on nine months'
probation, upon finding him guilty of negligence. The
specification found proved alleges that while serving as Operator
on board the M/V CANDY STORE under authority of the license above
captioned, on or about 5 November 1981, Appellant failed to
maintain a proper lookout which contributed to the collision
between the M/V CANDY STORE and the F/V MISS LAVON.
The hearing was held at Port Arthur, Texas on 8 December 1981.
At the hearing, Appellant was represented by profesional
counsel and entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced in evidence the testimony
of three witnesses and one exhibit. | Appeal No. 2319 | Suspension and Revocation Appeals Authority | 9/6/1983 | 9/6/1983 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2320 - MINTZ | This appeal has been taken in accordance with Title 46 U.S.C.
239(g) and 46 CFR 5.30-1.
By order dated 30 September 1980, an Administrative Law Judge
of the United States Coast Guard at Long Beach, California
suspended Appellant's seaman's document for three months on twelve
months' probation, upon finding him guilty of misconduct. The
specifications found proved allege that, while serving as Steward
Utility on board the SS PRESIDENT POLK under authority of the above
captioned document Appellant: (1) on or about 2 December 1979
failed to obey the order of the Chief Steward to mop and buff
passenger deck passageways and to clean the passenger lounge and
card room; (2) on or about 2 December 1979 created a disturbance
in the Purser's foyer by using loud exclamations and profanity to
the Chief Steward; (3) on 7 December 1979 failed to obey the
order of the Chief Steward to clean the garbage room; and (4) on
8 December 1979 failed to obey the order of the Chief Steward to
clean the garbage room.
The hearing was held at Long Beach, California on 5 February,
14 and 17 April, 20 May, 10 and 12 June and 17 September. | Appeal No. 2320 | Suspension and Revocation Appeals Authority | 9/7/1983 | 9/7/1983 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2321 - HARRIS | This appeal has been taken in accordance with Title 46 U.S.C.
B239) and 46 CFR 5.30-1.
By order dates 8 February 1982, an Administrative Law Judge of
the United States Coast Guard at Boston, Massachusetts suspended
Appellant's license for two months, upon finding him guilty of
negligence. The specification found proved alleged that while
serving as master aboard SS COVE EXPLORER under authority of the
above captioned license, between 21 November 1981 and 1 December
1981, Appellant, while responsible for the material condition of
the vessel, operated the vessel in an unseaworthy condition, to
wit, fractured and wasted frames, longitudinal and side plating in
the bow section of the vessel.
The hearing was held at Boston, Massachusetts on 7 January
1982, January 1982 and 15 January 1982.
At the hearing, Appellant was represented by professional
counsel. Appellant pled not guilty to the charge and
specification. | Appeal No. 2321 | Suspension and Revocation Appeals Authority | 9/7/1983 | 9/7/1983 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2323 - PHILPOTT | This appeal had been taken in accordance with Title 46 U.S.C.
239(g) and 46 CFR 5.30-1.
By order dated 13 January 1983, an Administrative Law Judge of
the United States Coast Guard at Long Beach, California suspended
Appellant's seaman's document for six months, plus six months on
twelve months probation, upon finding him guilty of misconduct.
The specification found proved alleges that while serving as Wiper
on board the SS KEYSTONER under authority of the captioned
document, on or about 8 December 1982, Appellant, at the Port of
Houston, Texas had approximately ten grams of marijuana in his
possession.
The hearing was held at Houston, Texas and Long Beach,
California on 17 December 1982 and 13 January 1983.
At the hearing in Houston, Appellant was not present, but a
motion for change of venue to Long Beach, California was made on
his behalf and granted. At the hearing in Long Beach, Appellant
elected to act as his own counsel and entered a plea of guilty to
the charge and specification. | Appeal No. 2323 | Suspension and Revocation Appeals Authority | 9/13/1983 | 9/13/1983 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2324 - AMATAGA | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and 46 CFR 5.30-1.
By order dated 30 June 1982, an Administrative Law Judge of
the United States Coast Guard at Alameda, California revoked
Appellant's seaman's document upon finding him guilty of
misconduct. The specification found proved alleges that while
serving as utilityman on board the SS SANTA MARIA under the
authority of the captioned document, on 20 October 1981, Appellant
wrongfully possessed marijuana.
The hearing was held at San Francisco, California on 6
January, 29 January, 4 February, 24 March and 5 April 1982.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced in evidence four
documents and the testimony of two witnesses.
In defense, Appellant offered in evidence the testimony of one
witness.
After the hearing, the Administrative Law Judge rendered a
written decision in which he concluded that the charge and
specification had been proved and entered an order revoking all documents issued to Appellant.
The Decision and Order was served on 12 July 1982. Appeal was
timely filed on 28 July 1982 and perfected on 7 April 1983. | Appeal No. 2324 | Suspension and Revocation Appeals Authority | 9/16/1983 | 9/16/1983 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2325 - PAYNE | This appeal has been taken in accordance with Title 46 U.S.C.
239(g) and 46 CFR 5.30-1.
By order dated 14 July 1982, an Administrative Law Judge of
the United States Coast Guard at Norfolk, Virginia, admonished
Appellant upon finding him guilty of negligence. The specification
found proved alleges that, while serving as Operator on board the
M/V ISABEL A. McCALLISTER, under authority of the captioned license
on 1 February 1982, Appellant did, at or near the City of
Portsmouth in the Commonwealth of Virginia on the Elizabeth River,
negligently fail to safely navigate said vessel in such a manner as
to preclude it from alliding with the Elizabeth River Portsmouth
Marine Terminal Bouy NR4 (LLP 332).
The hearing was held at Norfolk, Virginia on 22 April and 14
July 1982.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification. | Appeal No. 2325 | Suspension and Revocation Appeals Authority | 9/29/1983 | 9/29/1983 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2326 - MCDERMOTT | This appeal has been taken in accordance with Title 46 U.S.C.
239(g) and 46 CFR 5.30-1.
By order dated 14 May 1982, an Administrative Law Judge of the
United States Coast Guard at Long Beach, California suspended
Appellant's license for two months on six months' probation, upon
finding him guilty of negligence. The specification found proved
alleges that while serving as person in charge of oil transfer
operations on board the United States SS SANTA MAGDALENA under
authority of the license above captioned, on or about 6 May 1981,
Appellant negligently allowed oil to be transferred to number 4
deep tank, thereby allowing a discharge of approximately one gallon
of oil into the navigable waters of the United States.
At the hearing on 22 July 1981, Appellant was represented by
professional counsel and entered a plea of not guilty to the charge
and specification.
The Investigating Officer introduced in evidence the testimony
of one witness and three exhibits. | Appeal No. 2326 | Suspension and Revocation Appeals Authority | 9/28/1983 | 9/28/1983 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2328 - MINTZ | This appeal has been taken in accordance with Title 46 U.S.C.
239(g) and 46 CFR 5.30-1.
By order dated 21 July 1981, an administrative Law Judge of
the United States Coast Guard at Long Beach, California suspended
Appellant's seaman's documents for two months, plus three months on
nine months' probation, upon finding him guilty of misconduct. The
specification found proved alleges that, while serving as Officer's
Bedroom Steward on board the SS PRESIDENT McKINLEY under authority
of the above captioned document, on or about 4 May 1981, Appellant
wrongfully failed to perform his assigned duties by absenting
himself from his duty station without permission at 1300 hours.
The hearing was held at Long Beach, California on 2 and 30
June 1981.
At the hearing, Appellant elected to act as his own counsel
and entered a plea of not guilty to the charge and specifications.
The Investigating Officer introduced four documents into
evidence. | Appeal No. 2328 | Suspension and Revocation Appeals Authority | 10/4/1983 | 10/4/1983 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2329 - FIFER II | This appeal has been taken in accordance with 46 CFR 5.30-15.
By order dated 8 March 1983, an Administrative Law Judge of
the United States Coast Guard at Miami, Florida revoked Appellant's
mariner's license upon finding proved the charge of "conviction for
a narcotic drug law violation."
On 17 March 1983 Appellant filed a Notice of Appeal from the
order of the Administrative Law Judge and a request for a temporary
license. The Administrative Law Judge denied the request by his
order of 24 March 1983. Decision on Appeal 2315 (FIFER) of 6
June 1983 VACATED the Administrative Law Judge's order of 24 March
1983 and REMANDED the request for a temporary license for a new
decision. By his order of 20 June 1983 the Administrative Law
Judge again denied Appellant's request for a temporary license. | Appeal No. 2329 | Suspension and Revocation Appeals Authority | 10/7/1983 | 10/7/1983 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2330 - STRUDWICK | This appeal has been taken in accordance with 46 U.S.C. 239(g)
and 46 CFR 5.30-1.
By order dated 11 March 1983, an Administrative Law Judge of
the United States Coast Guard at Jacksonville, Florida revoked
Appellant's license upon finding him guilty of the charge of
"conviction for a narcotic drug law violation." The specification
found proved alleges that on or about 28 January 1980, Appellant
was convicted of conspiracy to traffic in cannabis by the Circuit
Court of the Seventeenth Judicial Circuit, in and for Broward
County Florida.
The hearing was held at Miami, Florida on 9 February 1983.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced in evidence four
exhibits. | Appeal No. 2330 | Suspension and Revocation Appeals Authority | 10/7/1983 | 10/7/1983 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2331 - ELLIOTT | This appeal has been taken in accordance with Title 46 U.S.C.
239(g) and 46 CFR 5.30-1.
By order dated 1 June 1982, an Administrative Law Judge of the
United States Coast Guard at Norfolk, Virginia revoked Appellant's
seaman's document upon finding him guilty of misconduct. The
specification found proved alleges that while serving as Able
Bodied Seaman on board the SS BUTTON GWINNETT under authority of
the captioned document on or about 5 March 1982, Appellant did,
aboard said vessel while at sea in the vicinity of Jeddah, Saudi
Arabia, wrongfully assault and batter a fellow member of the crew,
Dennis P. Carter, with a knife.
The hearing was held at Norfolk, Virginia on 12 May 1982.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced three documents, a chair,
a drawing and the testimony of two witnesses into evidence. | Appeal No. 2331 | Suspension and Revocation Appeals Authority | 11/25/1983 | 11/25/1983 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2332 - LORENZ | This appeal has been taken in accordance with Title 46 U.S.C.
239(g) and 46 CFR 5.30-1.
By order dated 26 April 1982, an Administrative Law Judge of
the United States Coast Guard at Houston, Texas suspended
Appellant's license for one month, on six months' probation, upon
finding him guilty of negligence. The specification found proved
alleges that while serving as Chief Engineer on board the United
States vessel SS AMERICAN HAWK under authority of the above
captioned license, on or about 23 January 1982, Appellant did fail
to maintain a proper quantity of fuel on board the vessel to
complete the voyage which commenced on 12 January 1982 from
Jacksonville, Florida. As a result the vessel lost all power
adjacent to the Galveston Bay Entrance Channel Lighted Buoy 7A,
hazarding navigation and the vessel.
The hearing was held at Galveston, Texas on 23 March 1982.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification. | Appeal No. 2332 | Suspension and Revocation Appeals Authority | 12/5/1983 | 12/5/1983 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2283 - FUEHR | 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 January 1980, an Administrative Law Judge of
the United States Coast Guard at St. Louis, Missouri, admonished
Appellant upon finding him guilty of misconduct. The specification
found proved alleges that while serving as Second Mate on board the
United States M/V W.W. HOLLOWAY under authority of the license
above captioned, on or about 17 September 1979, Appellant
wrongfully departed the port of Milwaukee, WI, for Chicago, IL, and
traversed Lake Michigan without the required endorsement on his
license to wit: first class pilot upon the waters of Lake Michigan.
The hearing was held at Chicago, IL on 18 October 1979.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced in evidence the testimony
of one witness and three documents. | Appeal No. 2283 | Suspension and Revocation Appeals Authority | 8/24/1982 | 8/24/1982 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2284 - BRAHN | This appeal has been taken in accordance with Title 46 U.S.C
239(g) and 46 CFR 5.30-1.
By order dated 19 September 1980, an Administrative Law Judge
of the United States Coast Guard at Norfolk, Virginia admonished
Appellant upon finding him guilty of negligence. The two
specifications found proved allege that while serving as operator
on board M/V KELLEY, O.N. 299658, under authority of the license
above captioned, on or about 18 August 1980, Appellant while
transiting the intracoastal waterway, North Landing River, failed
to maintain control of his tow, the Barge LOVELAND 6, resulting in
two allisions, one at 0150 with the Pungo Ferry Bridge and the
other at 0545 with the Great Bridge Bridge in the
Albermarle-Chesapeake Canal.
The hearing was held at Norfolk, Virginia on 3 September 1980.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and each
specification. | Appeal No. 2284 | Suspension and Revocation Appeals Authority | 10/8/1982 | 10/8/1982 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2286 - SPRAGUE | This appeal has been taken in accordance with 46 U.S.C. 239(g)
and 46 CFR 5.30-1.
By order dated 10 April 1981, an Administrative Law Judge of
the United States Coast Guard at Philadelphia, Pennsylvania issued
an order of admonition to Appellant upon finding him guilty of
misconduct. The specification found proved, alleges that while
serving as CHIEF ENGINEER on board the SS COVE NAVIGATOR under
authority of the license above captioned, between 3 January 1981
and 24 February 1981, Appellant failed to notify the Coast Guard,
as required by the Certificate of Inspection, that the boiler
management system was not operating properly.
The hearing was held at Philadelphia, Pennsylvania on 25 March
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 four
documents and the testimony of two witnesses. | Appeal No. 2286 | Suspension and Revocation Appeals Authority | 10/14/1982 | 10/14/1982 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2287 - RICKER | This appeal was taken in accordance with Title 46 United
States Code 239(g)dated 28 January 1982, an Administrative Law
Judge of the United States Coast Guard at Boston, Massachusetts
suspended Appellant's license no. 526748 for one month, on six
month, on six months' probation, upon finding him guilty of
misconduct and negligence. The specification of misconduct found
proved alleges that, while serving as person in charge on board the
United States T/V VINCENT TIBBETTS under authority of the license
above captioned, on or about 29 September 1981, Appellant
wrongfully failed to sign the declaration of inspection while in
charge of loading operations aboard the vessel as required by 33
CFR 156.150(a). The specification of negligence found proved
alleges that, at the same time and place he negligently failed to
ensure that the #4 port cargo tank loading valve was closed upon
completion of the loading of that tank allowing the tank to
overflow and discharge oil in a hazardous amount into the Fore
River, a navigable water of the United States.
The hearing was held at Portland, Maine on 20 October 1981
from 1000 to 1512 and on 18 November 1981 from 1002 to 1258.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and each
specification. | Appeal No. 2287 | Suspension and Revocation Appeals Authority | 12/15/1982 | 12/15/1982 | | 12/20/2017 |