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UNITED STATES OF AMERICA

DEPARTMENT OF HOMELAND SECURITY

UNITED STATES COAST GUARD

_________________________________ 

UNITED STATES COAST GUARD, 

Complainant,

vs. 

Kirsten Crom

Respondent. 

_________________________________ 

Docket Number 2023-0200 

Enforcement Activity No. 7697344 

ADMISSION ORDER

On June 15, 2023, the United States Coast Guard (Coast Guard) filed a Complaint against 

Kirsten Crom (Respondent) seeking to suspend Respondent’s Merchant Mariner Credential 

(MMC) for three (3) months. 46 U.S.C. § 7703(1)(B). Specifically, the Complaint alleges 

Respondent, while serving as a crewmember on board the PRIDE OF AMERICA, submitted to a 

chemical test which showed she had a Blood Alcohol Content (BAC) of .161. Respondent filed 

an Answer with the Administrative Law Judge Docketing Center on June 15, 2023, admitting all 

jurisdictional and factual allegations, and agreeing to the proposed sanction. 

On July 11, 2023, I convened a pre-hearing telephone conference in this matter, pursuant 

to 33 C.F.R. § 20.501. During that conference, I advised the parties I would not approve a 3-

month sanction inlight of the allegations in the Complaint. I specifically noted a .161 BAC is 

four times the limit set by Respondent’s employer, and informed the parties I considered it
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aggravating on its face. Furthermore, I explained without significant mitigating facts the 

proposed sanction was inappropriate. However, I provided the parties with an opportunity to 

supplement the record with additional facts that might mitigate the aggravated nature of 

Respondent’s misconduct. 

Thereafter, Respondent filed an Amended Answer on August 9, 2023, setting forth 

significant mitigating facts. I held a subsequent prehearing conference on August 24, 2023, to 

discuss Respondent’s Amended Answer, and other procedural issues. Jennifer A. Mehaffey, 

Esq., and Mr. William Taylor appeared on behalf of the Coast Guard. Respondent appeared on 

her own behalf, pro se. 

Having the parties present, I noted Respondent’s Amended Answer plead significant 

mitigating facts; however, I also noted these facts were only plead and not established in the 

record. As a result, I inquired whether the Coast Guard was willing to stipulate to the facts plead 

by Respondent in her Amended Answer. The Coast Guard agreed to the stipulation. Martinez v. 

Bally's Louisiana, Inc., 244 F.3d 474, 476 (5th Cir. 2001) (noting formal concessions in the 

pleadings, or stipulations by a party or its counsel constitute judicial admissions that bind the 

party who makes them). 

Based on the record, I find Respondent admitted all the allegations in the Complaint. 

Finally, I have carefully reviewed the pleadings and find the proposed sanction, in light of the 

mitigating evidence, appropriate under 46 C.F.R. § 5.569. 

WHEREFORE, 

ORDER 

IT IS HEREBY ORDERED, all Respondent's Coast Guard issued Merchant Mariner 

Credentials are Suspended Outright for three (3) months, commencing on June 15, 2023, the date 
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Respondent’s credentials were deposited with the USCG Sector Honolulu. Respondent’s 

credentials will be returned to her on or about September 15, 2023.

SO ORDERED.

Done and dated this 30th day of August 2023, at

Galveston, Texas

__________________________________

HON. TOMMY CANTRELL

ADMINISTRATIVE LAW JUDGE 

UNITED STATES COAST GUARD