UNITED STATES OF AMERICA

U.S. DEPARTMENT OF HOMELAND SECURITY

UNITED STATES COAST GUARD

_________________________________

UNITED STATES COAST GUARD

Complainant

vs.

ROBERT RYAN BOUDREAUX

Respondent

_________________________________

Docket Number 2018-0071

Enforcement Activity No. 5748463

ORDER MEMORIALIZING BENCH DECISION

Issued: October 18, 2018

By Administrative Law Judge: Honorable Dean C. Metry

Appearances:

CWO John A. Christie

Sector New Orleans

Jennifer A. Mehaffey, Esq. and

Lineka N. Quijano, Esq.

Suspension and Revocation National Center of Expertise

For the Coast Guard

David Kish, Esq.

For the Respondent
On October 16, 2018, the undersigned administrative law judge (ALJ) convened a 

hearing in New Orleans, Louisiana, in the above-captioned case. At the conclusion of the 

hearing on October 18, 2018, the parties waived their right to file post-hearing briefs, and the 

undersigned rendered an oral decision in favor of the United States Coast Guard (USCG). See

33 C.F.R. § 20.902; 33 C.F.R. § 20.710. Specifically, the undersigned found the USCG proved 

Robert Ryan Boudreaux (Respondent) committed an act of misconduct by a preponderance of 

the evidence. See 46 U.S.C. § 7703(1)(B). 

As required by applicable law and regulations, the undersigned imposed the following 

sanction: Respondent shall be on probation for a period of one year commencing on the date of 

the oral decision. During this period of probation, Respondent’s Merchant Mariner Credential 

(MMC) shall be suspended outright for a period of ninety (90) days, commencing on October 18, 

2018. See 46 C.F.R. § 5.569. During the period of outright suspension, Respondent may not act 

under the authority of his MMC in any capacity or accept any position requiring an MMC. 

During the probation period, if the USCG proves by preponderant evidence that Respondent 

violated any Federal, State, or local law or regulation, his MMC shall be suspended outright for 

an additional period of six months.1

The hearing transcript, which will be made available to both parties upon request, 

contains the record of the proceedings in its entirety, including the oral decision and sanction. 

WHEREFORE, 

 

1 To the extent that this Order conflicts with the oral decision, this Order controls. 
ORDER

IT IS HEREBY ORDERED, MMC 000385169 and all other existing Coast Guard 

licenses, certificates, credentials and documents issued to Respondent are SUSPENDED 

OUTRIGHT FOR NINETY (90) DAYS, COMMENCING ON OCTOBER 18, 2018. 

BEGINNING OCTOBER 18, 2018, RESPONDENT SHALL BE ON PROBATION FOR A 

PERIOD OF ONE YEAR. DURING THE PROBATION PERIOD, IF THE USCG 

PROVES BY PREPONDERANT EVIDENCE THAT RESPONDENT VIOLATED ANY 

FEDERAL, STATE, OR LOCAL LAW OR REGULATION, HIS MMC SHALL BE 

SUSPENDED OUTRIGHT FOR AN ADDITIONAL PERIOD OF SIX MONTHS. If 

Respondent has not already done so, Respondent SHALL IMMEDIATELY surrender all Coast 

Guard issued credentials to USCG Sector New Orleans, 200 Hendee Street, New Orleans, LA 

70114. Respondent shall receive credit toward his one year’s probation and three months’ 

outright suspension on the date he deposits any credentials in his possession with the Coast 

Guard.2 

PLEASE TAKE NOTICE, service of this Order provides additional notice of your right 

to appeal as set forth in 33 C.F.R. §§ 20.1001-20.1004. See Attachment A. The appeal time 

runs from the date the ALJ rendered the oral decision on October 18, 2018. Either party may 

request a copy of the transcript by contacting the undersigned’s paralegal, Janice Emig, at 

Janice.M.Emig@uscg.mil or (409) 765-1300. 

__________________________________________________

Dean C. Metry

U.S. Coast Guard Administrative Law Judge

Date: 

 

2 The record shows Respondent deposited a temporary MMC during the hearing. If Respondent has no other valid 

credentials in his possession, he shall receive credit beginning on October 18, 2018. 
ATTACHMENT A

33 C.F.R. § 20.1001 General.

(a) Any party may appeal the ALJ’s decision by filing a notice of appeal. The party shall 

file the notice with the U. S. Coast Guard Administrative Law Judge Docketing Center; 

Attention: Hearing Docket Clerk; Room 412; 40 S. Gay Street; Baltimore, MD 21201-

4022. The party shall file the notice 30 days or less after issuance of the decision, and 

shall serve a copy of it on the other party and each interested person.

(b) No party may appeal except on the following issues:

(1) Whether each finding of fact is supported by substantial evidence.

(2) Whether each conclusion of law accords with applicable law, precedent, and 

public policy.

(3) Whether the ALJ abused his or her discretion.

(4) The ALJ’s denial of a motion for disqualification.

(c) No interested person may appeal a summary decision except on the issue that no 

hearing was held or that in the issuance of the decision the ALJ did not consider evidence 

that that person would have presented.

(d) The appeal must follow the procedural requirements of this subpart.

33 C.F.R. § 20.1002 Records on appeal.

(a) The record of the proceeding constitutes the record for decision on appeal.

(b) If the respondent requests a copy of the transcript of the hearing as part of the record 

of proceeding, then, --

(1) If the hearing was recorded at Federal expense, the Coast

Guard will provide the transcript on payment of the fees prescribed in 49 CFR 

7.45; but,

(2) If the hearing was recorded by a Federal contractor, the contractor will provide 

the transcript on the terms prescribed in 49 CFR 7.45.

33 C.F.R. § 20.1003 Procedures for appeal.

(a) Each party appealing the ALJ’s decision or ruling shall file an appellate brief with the 

Commandant at the following address: U.S. Coast Guard Administrative Law Judge 

Docketing Center; Attention: Hearing Docket Clerk; Room 412; 40 S. Gay Street; 

Baltimore, MD 21201-4022, and shall serve a copy of the brief on every other party.

(1) The appellate brief must set forth the appellant's specific objections to the 

decision or ruling. The brief must set forth, in detail, the --

(i) Basis for the appeal;

(ii) Reasons supporting the appeal; and

(iii) Relief requested in the appeal.

(2) When the appellant relies on material contained in the record, the appellate 

brief must specifically refer to the pertinent parts of the record.

(3) The appellate brief must reach the Docketing Center 60 days or less after 

service of the ALJ’s decision. Unless filed within this time, or within another time 

period authorized in writing by the Docketing Center, the brief will be untimely.

(b) Any party may file a reply brief with the Docketing Center 35 days or less after 

service of the appellate brief. Each such party shall serve a copy on every other party. If 
the party filing the reply brief relies on evidence contained in the record for the appeal, 

that brief must specifically refer to the pertinent parts of the record.

(c) No party may file more than one appellate brief or reply brief, unless --

(1) The party has petitioned the Commandant in writing; and

(2) The Commandant has granted leave to file an added brief, in which event the 

Commandant will allow a reasonable time for the party to file that brief.

(d) The Commandant may accept an amicus curiae brief from any person in an appeal of 

an ALJ’s decision.

33 C.F.R. § 20.1004 Decisions on appeal.

(a) The Commandant shall review the record on appeal to determine whether the ALJ 

committed error in the proceedings, and whether the Commandant should affirm, modify, 

or reverse the ALJ’s decision or should remand the case for further proceedings.

(b) The Commandant shall issue a decision on every appeal in writing and shall serve a 

copy of the decision on each party and interested person.