UNITED STATES OF AMERICA

U.S. DEPARTMENT OF HOMELAIID SECURITY

UNITED STATES COAST GUARI}

UNITED STATES COAST GUARD

Complainant

GLEN RICHARD DAUPHIN.

Respondent.

Docket Number 2023-0014

Enforcement Activity Number 7542603

CONSENT ORDER APPROVING SETTLEMENT AGRf,f,MENT AND

ORDER CANCELING HEARING

By: Honorable Walter J. Brudzinski, Chief Administrative Law Judge

Issued: March 31. 2023

Appearances:

MS. JENNIFER A. MEHAFFEY, ESQ.

MR. ERIC A. BALIER

USCG Suspension and Revocation

National Center of Expertise

For the Coast Guard

GLEN RICHARD DAUPHIN, PTa .Se

For the Respondent

vs.
CONSENT ORDER APPROVING SETTLEMENT AGREEMENT AND

ORDER CANCELING HEARING

The United States Coast Guard (Coast Guard) initiated this administrative proceeding

by filing a Complaint on January 11,2023, against GLEN zuCHARD DAUPHIN

(Respondent) seeking to revoke his Merchant Mariner Credentials (Credentials or MMC).

The Coast Guard alleges Respondent is a security risk who poses a threat to the safety or

security ofa vessel or strucfure located within or adjacent to the marine environment, as

described by 46 U.S.C. $ 7703(5). Specifically, on May 16,2022, the Transportation

Security Administration (TSA) determined Respondent does not meet the security threat

assessment standards described in 49 C.F.R. $ 1572.5 and poses an imminent security threat,

in accordance with 49 C.F.R g 1572.21(d)(3); therefore, TSA revoked Respondent's

Transportation Worker ldentification Credential (TWIC) in accordance with 49 C.F.R. S

1572.5(b). In aggravation, the Coast Guard argues, Respondent's ineligibility to hold a

TWIC is proof Respondent is not eligible for an MMC in accordance with 46 C.F.R. $$

10.101 and 10.235(h).

The Coast Guard is also alleging Respondent violated 46 U.S.C. $ 7704O) and 46

C.F.R. $ 5.35 for drug use . Specifically, on June 28,2021, Respondent appeared at a

Detention Hearing before the Honorable Robert A. Richardson, USMJ, U.S. District Court,

District of Connecticut. In the official record of the Detention Hearing, Respondant's

counsel testified to Respondent's use ofcocaine while he was a credentialed mariner. As

such, ttre Coast Guard alleges Respondent has been a user of dangerous drug as described by

46 U.S.C. $ 7704(b). ln aggravation, the Coast Guard states, at the Detention Hearing before

Judge Richardson, counsel frirther stated, "and, again, the nature ofthe offense which

involves a large number ofweapons, again, they may not be illegal in the abstract, but they

2
would be if he is a drug user, and there is at least evidence that he is an alleged drug user or

addict."

Ir Respondent's Answer, dated Jantary 24,2023, he admits all jurisdictional

allegations, but denies the factual allegations.

The Coast Guard and Respondent agreed to settle this matter. Therefore, on March

30,2023, the Coast Guard submitted the parties'Motion for Approval of Settlement

Agreement and Entry ofConsent Order to be approved as a settlement of this case under 33

C.F.R. $ 20.502. Pursuant to the Settlement Agreement (agreement), the parties agree

Respondent's credentials are REVOKED; however, the revocation will be STAYED in order

to permit Respondent to establish eligibility to hold a TWIC, prove cure from the use of

dangerous drugs, and complete the terms ofthe agreement. The parties further agree: (1) if

Respondent successfully completes the conditions listed in fl3 ofthe agreement to the

satifisfaction of the Coast Guard, tlen his credentials will be SUSPENDED OUTRIGHT for

the period ofdeposit; (2) ifRespondent fails to successfully complete the conditions

specified in']13.e. ofthe agreement to the satifisfaction of the Coast Guard, then his

credentials will remain on deposit with the Coast Guard until the MMC expires and becomes

an invalid credential; and (3) ifRespondent fails to successfully complete the conditions

specified in fl3.f. ofthe agreement to the satifisfaction of the Coast Guard, within 18 months

of signing the agreement, then his credentials will be REVOKED.

I have carefully reviewed the terms of the agreement, and find that it is fair and

reasonable, and in substantial compliance with the requirements of33 C.F.R. $ 20.502.

WHEREFORE,

3
ORDER

Upon consideration of the record, it is hereby ORDERED that the Settlement

Agreement is APPROVED in full and incorporated herein by reference.

IT IS F[IRTIIER ORDERED, this Consent Order shall constitute full, frnal, and

complete adjudication of this proceeding.

IT IS FLIRTIfiR ORDERED, the hearing scheduled to commence on May 23,

2023 in New York, NY is CANCELED.

Done and dated

New York, NY

March 31, 2023

ue.y' s4-'/-/.

HON. WALTER J. BRUDZINSKI

CHIEF ADMINISTRATIVE LAW ruDGE

LNITED STATES COAST GUARD

4