UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

UNITED STATES COAST GUARD 

UNITED STATES COAST GUARD 

Complainant, 

vs 

STEVEN A MIRGEAUX 

Respondent. 

Docket Number CG S&R 02-0371 

CG Case No. PA 1629828 

DECISION AND ORDER UPON DEFAULT FOR FAILURE TO APPEAR 

Issued: December 30, 2002 

Issued by: Edwin M. Bladen, Administrative Law Judge 

Respondent Mirgeaux was charged in a Coast Guard complaint on June 12, 2002 

with having tested positive for Amphetamine/Methamphetamine as part of a random drug 

screen conducted on April 2, 2002. The Coast Guard has requested Respondent's 

licenses as an Operator of Uninspected Towing Vessels upon the Inland Waters of the 

United States excepting Waters Subject to the International Regulations for Preventing 

Collisions at Sea, 1972; and as a Radar Observer-Rivers, be revoked. 

Respondent had failed to answer the complaint and the Coast Guard requested on 

July 17, 2002, the issuance a default judgment order granting the revocation. Respondent 

answered this request on August 2. 2002 contending, among other reasons, that the 

original complaint was not served upon him due to an incorrect address. The Chief 

Administrative Law Judge evaluated this response and granted on August 5, 2002 an 

extension to answer the complaint to August 19. 2002. Respondent then timely answered 

the complaint requesting a hearing and denying the allegations of drug use contending 

there was improper procedures used by the collector and testing laboratory suggesting a 

m1x up in specimens. 

The Chief Judge then assigned this matter to this Judge on August 23, 2002. 

Decision and Order Upon Default 

For Failure to Appear- I 

OPTIONAL FORM 99 (7 -90) 

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A-F1earing was originally scheduled for December 18. 2002 but was subsequently 

changed upon this Judge's order to December 20, 2002. 

The first Scheduling Order was served on Respondent at what was represented by 

him to be his home address in Cape Girardeau. MO. The Amended Scheduling Order 

was also sent to this Cape Girardeau, MO address by Federal Express but was returned to 

the ALJ office in Seattle as undeliverable. 

A copy of the Amended Scheduling Order was then taken by an IO to the Cape 

Girardeau address and tacked to the entry door. 

The tacking of the Amended Scheduling Order to the door worked because on 

December 6. 2002 by Priority United States Mail we received an extensive handwritten 

letter together with a photocopy of the Amended Scheduling Order. 

In that letter Respondent requested the December 20, 2002 hearing be adjourned. 

After consideration of the reasons given and the Coast Guard's objection to the 

acUournment I denied the requested adjournment and directed Respondent to appear at 

the hearing scheduled for December 20, 2002 at 1 :00 PM CST. See, Decision on 

Re:qHmdent 's Motion to Continue Hearing, December 16, 2002. This order was served 

upon Respondent by Express United States Mail on December 18, 2002. See. United 

States Post qjjice, Track and Confirm DeliveJy Status, 

The hearing was called to order at 1:30PM CST on December 20, 2002 at the 

Marine Safety Office, Paducah, KY but Respondent failed to appear and answer the call. 

The Investigating Officer then requested that this judge enter an order of default 

as provided in 33 CFR ~ 20.705 and 33 CFR § 20.310. 

Having considered the Respondent's earlier request for adjournment lacking in 

good cause to so adjourn, the failure of Respondent to appear as ordered is therefore 

found to be without good cause. I therefore, f1nd the Respondent in default. 

Upon finding of Respondent in Default for failure to appear at the scheduling 

hearing without good cause, a Decision and Order as authorized by 33 CFR § 20.31 O(d) 

is herby issued. 

The default of Respondent constitutes an admission of all facts as alleged in this 

complaint. 

Respondent is licensed as an Operator of Uninspected Towing Vessels upon the 

Inland Waters of the United States excepting Waters Subject to the International 

Regulations for Preventing Collisions at Sea. 197'2: ·and as a Radar Observer-Rivers. 

While serving under that license, Respondent provided on April 2. 2002 a urine specimen 

for a random drug screening. The urine specimen was collected by Sheila Edmonds of 

Roche BioMedicaL Cape Giradeau. Missouri. The Respondent signed a Federal Drug 

Decision and Order Upon Detault 

For Failure to Appear- 2 
TesHniTC!:tstooyai1cTCol1ti=-orr-Oi:iil-wEicT1acl<i1-owfeCfgedhis givu1-g-ofthe-specimeri-al1cC~----­

his specimen was sealed in tamper proof bottles and the information provided on the form 

were true and accurate. The specimen was tested by Laboratory Corporation of America 

in both an initial immunoassay test and confirmed in a Gas Chromatography and Mass 

Spectrometry (GC/MS) as positive for amphetamine/methamphetamine. The positive 

test results were confirmed by a Medical Review Officer, who ordered further 

ditierentiation testing for purposes of determining whether the results were due to 

consumption of a Vicks Inhaler which contains L isomers of the parent drug. The further 

testing determined that the Respondent's specimen contained 94% D isomer and 6% L 

isomer therefore confirming the illegal drug amphetamine/methamphetamine. 

I find that the admission of these facts by default prove the Respondent is a user 

of dangerous drugs. 

Therefore, as required by 46 USC § 7704( c) Respondent license is revoked. 

Service of this Decision upon the parties serves to notify you of your right to 

appeal as set forth in 33 CFR Subpart J, §20.1 001. (Attachment A) 

Dated: December 30, 2002. 

Decision and Order Upon Default 

For Failure to Appear- 3 

~ Edwin M Bladen 

Administrative Law Judge