UNITED STATES OF AMERICA 

U.S. DEPARTMENT OF HOMELAND SECURITY 

UNITED STATES COAST GUARD 

_________________________________ 

UNITED STATES COAST GUARD 

Complainant

vs. 

JAMES NEIL RYERSE 

Respondent

_________________________________ Docket Number 2009-0429 

Enforcement Activity No. 3601363

DECISION AND ORDER

Issued: March 05, 2010

By Administrative Law Judge: Honorable Walter J. Brudzinski

Appearances: 

For the Coast Guard: 

LT Patrick A. Drayer 

Sector Sault Ste Marie 

LCDR Ted Fowles 

Coast Guard District 9 (Legal) 

For the Respondent: 

JAMES NEIL RYERSE, Pro se

 
DECISION AND ORDER

 At the close of a suspension and revocation hearing held on February 18, 2010 in Sault 

Ste. Marie, Michigan, the parties waived submission of post hearing proposed findings and 

moved for a bench decision. Pursuant to 33 C.F.R. §§ 20.710 and 20.902(c) this Order 

memorializes that bench decision. 

 The Coast Guard issued its Complaint on October 10, 2009 alleging Respondent was 

convicted of an offense that would preclude issuance or renewal of his Merchant Mariner’s 

Credential (MMC), to wit: “On January 23, 2009, Respondent was convicted by the 11th Circuit 

Court of Mackinac County, Michigan of Attempted Felony Criminal Sexual Conduct. This is a 

conviction that would prevent the renewal of respondent’s Merchant Mariners Document.” 1

 The 

Coast Guard proposed Revocation of Respondent’s Merchant Mariner’s Document. The legal 

authority for the allegations in the Complaint is derived from 46 U.S.C. § 7703 (2) which states, 

“a license, certificate of registry, or merchant mariner’s document issued by the Secretary may 

be suspended or revoked if the holder – (2) is convicted of an offense that would prevent the 

issuance or renewal of a license, certificate of registry, or merchant mariner’s document.” 

In his timely Answer to the Complaint, Respondent admitted to all jurisdictional and 

factual allegations but that he wished to be heard on the proposed order. Respondent is selfrepresented. 

On November 23, 2009, the Investigating Officer Motioned for Summary Decision. On 

December 15, 2009, the undersigned issued an Order Granting Partial Summary Decision finding 

that at all times relevant to these proceedings Respondent was a holder of a Merchant Mariner’s 

Document and was convicted of the above offense. The undersigned concluded that under 46 

C.F.R. Table 211(g), the above-described conviction would prevent the issuance or renewal of 

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Respondent’s Merchant Mariner’s Document. However, in viewing the evidence in the light 

most favorable to the non-moving party - the Respondent in this case - a genuine issue of 

material fact remained because reasonable minds could differ as to the import of the evidence 

Respondent submitted. Put another way, “[n]o genuine issue exists unless there is sufficient 

evidence favoring nonmoving party for jury to return verdict for that party, and if evidence is 

merely colorable, or is not significantly probative, summary judgment may be granted.” Sala v. 

Gates Const. Corp., 868 F. Supp. 474, 476 (E.D.N.Y 1994). In this case, Respondent presented 

more than colorable evidence that could presuade a reasonable fact finder to enter a sanction less 

that Revocation. Therefore, the undersigned determined that only partial summary decision was 

appropriate and that the matter of sanction would be determined at hearing. 

At the hearing, the Coast Guard presented the testimony of one witness and entered three 

(3) exhibits. The Respondent testified in his own behalf and entered five (5) exhibits. At the 

conclusion of the proceedings, the undersigned issued findings and conclusions and recited the 

mitigating and aggravating factors considered in entering an appropriate sanction order. 

WHEREFORE, 

 

1

 The Judgment of Conviction reflects “Criminal Sexual Conduct 3rd Degree Person 13-15” but the plea agreement 

reflects “Attempted.” Also, both parties agreed that the actual conviction was for “Attempted Criminal Sexual 

Conduct.” 

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ORDER

IT IS HEREBY ORDERED that Respondent Merchant Mariner’s Credential is 

SUSPENDED outright for a period of six (6) months. 

IT IS FURTHER ORDERED that the suspension started on the day of hearing, 

February 18, 2009, when the Coast Guard Investigating Officer took custody of Respondent’s 

Merchant Mariner’s Credential. 

PLEASE TAKE NOTICE that service of this Order on the parties and/or parties’ 

representative(s) serves as notice of appeal rights set forth in 33 CFR 20.1001 – 20.1004. 

(Attachment B). The time period within which the parties may file a notice of appeal shall 

commence the day following receipt of the transcript. 

__________________________________________________ 

Walter J. Brudzinski 

Administrative Law Judge 

United States Coast Guard 

Date: March 05, 2010

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 ATTACHMENT A

COAST GUARD EXHIBITS

CG-01 - 11th Judicial Circuit, Mackinac County, Judgment of Sentence - Admitted 

CG-02 - USCG National Maritime Center Security Background results – Admitted 

CG-03 - Michigan Department of Corrections Presentence Investigation – Admitted 

RESPONDENT EXHIBIT

RESP A – Character letter from LCDR Mark Teale, USN – Admitted 

RESP B – Character letter from Timothy R. Alfson, First Officer, M/V Roger 

 Blough – Admitted 

RESP C – Character Letter from Peter P. Walton, Master Near Coastal Unlimited and 1st 

 Class Pilot, Greak Lakes Unlimited - Admitted 

RESP D – Letter from Kristin M. Mansfield, Mackinac County Probation/Parole Agent, 

 Michigan Department of Corrections – Admitted 

RESP E – Character letter from Mark W. Blatnik, Master, M/V Roger Blough, Key 

 Lakes, Inc. – Admitted 

ALJ EXHIBITS

ALJ – I – Title 46 CFR 10.211 Criminal record review – Official Notice Taken 

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