UNITED STATES OF AMERICA 

U.S. DEPARTMENT OF TRANSPORTATION 

U.S. COAST GUARD 

UNITED STATES COAST GUARD 

Complainant 

vs. 

BRUCE WAYNE DEVINE 

Respondent 

) 

) 

) 

) Docket Number: 01-0248 

) PA Number: 01000673 

) 

) 

___________________________) 

DECISION & ORDER 

I 

PRELIMINARY STATEMENT 

In this hearing, the U.S. Coast Guard was represented by Investigating Officer 

(IO) T. Blaine Hoover, Marine Science Technician 2 (MST2), at the time stationed at the 

U.S. Coast Guard Marine Safety Office for the ports of Houston-Galveston, 9640 Clinton 

Drive, Houston, Texas 77029 and by Investigating Officer Lieutenant (Junior Grade) 

Kimberly Wheatley of the same office. 

Respondent was duly notified of this case when he was served with the Complaint 

by Investigating Officer T. Blaine Hoover, on or about April 9, 2001. On or about 

May 21, 2001, Respondent was advised of the date and time of the hearing, to be held on 

July 11, 2001, at 9:00a.m., stating the location of the hearing room in Houston, Texas. 

Respondent was sent a copy ofthe Notice of Continuance by Janice M. Emig, Legal 

Assistant to the Houston Administrative Law Judge. It was sent to his last known 

residence address on May 21, 2001. 

In addition, Respondent signed his Answer to the IO's Complaint on April23, 

2001. Respondent then filed his Answer to the Complaint on May 7, 2001, with the ALJ 
Docketing Center in Baltimore, Maryland, in which Respondent denied the jurisdictional 

allegations as well as all factual allegations and requested a hearing before an 

Administrative Law Judge. The factual allegations gave Respondent's address as 

P.O. Box 1331 Bay Haven, Livingston, Texas 77351 and his telephone number. They 

also alleged Respondent holds the following Coast Guard-issued credentials, namely 

License Number 847854 and U.S. Merchant Mariner's Document (MMD) Number 

268 38 1140. The Complaint further alleged that Respondent acted under the authority of 

that license or document on November 26, 2000, while serving as pilot or captain aboard 

the vessel UTV RMS ORION, as required by law or regulation. 

The factual allegations were Misconduct. The Coast Guard alleges that on 

November 26, 2000, while serving onboard UTV HMS ORION, the Respondent 

wrongfully refused to provide a specimen for a required chemical test ordered by his 

marine employer, Ryan Marine Services, Inc., of the port of Galveston, Texas, in 

violation of company policy. Respondent dated his Answer to the Complaint on 

Apri123, 2001, and filed his Answer on May 7, 2001, in Baltimore, Maryland. 

Respondent denied all jurisdictional and factual allegations and Respondent requested a 

hearing. After being properly notified, the Respondent chose to be absent from his 

hearing, and he did not send anyone to represent him, so the matter proceeded in absentia. 

II 

FINDINGS OF FACT BASED UPON THE ENTIRE HEARING RECORD 

CONSIDERED AS A WHOLE 

1. Respondent's last known residence address is P.O. Box 1331 Bay Haven #1, 

Livingston, Texas 77351 and telephone number 936-566-5137. Respondent was issued 

and holds the following U.S. Coast Guard-issued credentials: License Number 847854 

and U.S. Merchant Mariner's Document Number 268 38 1140. Respondent was acting 

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under the authority of his license or document on November 26, 2000, while serving as 

captain or pilot aboard the vessel UTV RMS ORION, as required by law or regulation. 

He was employed at the time by Ryan Marine Services, Inc. ofthe port of Galveston, 

Texas, the owner or operator of said vessel. 

2. On the date ofNovember 26, 2000, while serving as captain aboard the vessel 

UTV RMS ORION, the captioned Respondent wrongfully refused to provide specimens 

for a required chemical and alcohol test ordered by his marine employer, Ryan Marine 

Services, Inc., in violation of company policy and applicable statutes and regulations, 

including 46 U.S. Code 7703 and 7704. 

3. On the date in question, November 26,2000, at about 1810 hours, or 6:10 

p.m. local, central standard time, Respondent Devine went to the dispatch office of Ryan 

Marine, Inc. in Galveston, Texas for the purpose of buying groceries for the company's 

vessel known as the RMS ORION and its contract. Respondent was talking with the 

official company dispatcher, Ms. Sandy J. King, on November 26, 2000 at this time, in 

the dispatch office. She was alone and in charge of the office for the evening shift, 

working from approximately 5 p.m. until about 7 a.m. the next morning. At first the 

Dispatcher was on the radio with the vessel ORION and Mr. Richard Ryan, the president 

of the company. Devine left but said he would be back. She expected him to be back 

with the groceries within the usual approximately 45 minutes. When he did not show up 

with the groceries by 2120 hours, or 9:20p.m., over 3 hours later, the Dispatcher called 

President Richard Ryan regarding whom to send for the "groceries" for the vessel. Mr. 

Ryan said to call him back when Devine arrived. 

4. At 2140 hours, or 9:40p.m., Devine arrived back at the dispatcher's office. 

Devine brought no "groceries." The Dispatcher asked him why he did not come back to 

provide the groceries. Devine said he went to some store and he didn't want the 

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groceries to spoil. The Dispatcher told Devine he knew he was supposed to go for the 

"groceries;" then she called Richard Ryan, the president of the company. Mr. Ryan 

talked with Mr. Devine on the telephone. Devine told Ryan he went to the racetrack and 

Wal-Mart. Then Devine gave Dispatcher King back the telephone. On the telephone, 

Richard Ryan asked the Dispatcher if she thought Devine had been drinking. She told 

Ryan yes. Ryan said have Devine sit there; don't let him out of the gate and call Ralph 

McDermott, the Human Resources Manager, or the Personnel Manager for the company. 

Mr. Ryan wanted the company Human Resource Manager to take Respondent for two 

tests regarding use of alcohol and/or drugs. 

5. At 2145 hours, per IO's Exhibit 13, or 9:45p.m., the Dispatcher called Ralph 

McDermott and he was coming down to the dispatcher's office to take Respondent 

Devine for a drug and alcohol test to a local hospital in Galveston, Texas. 

6. At 2150 hours, or 9:50p.m., the Dispatcher called Richard Ryan back because 

Devine was using profanity and saying he wants to go to the "boat" and leave. Devine 

stood up very abruptly and Devine said he was leaving, to open the gate and demanding 

that she do so. At the time, R. Ryan was on the phone with the Dispatcher. Devine said 

the Dispatcher could not hold him at the dispatch office and to call the police. R. Ryan 

had called the police and he was on his way down to the dispatcher's office by this time. 

After carefully observing all witnesses at this hearing, I find them and their testimony 

credible. 

7. At about 2205 hours, or 10:05 p.m., someone called to stay on the phone with 

the Dispatcher until a captain of another vessel, Billy Frank Moore, Jr., came back from 

a local store. The female dispatcher was afraid of Respondent because he displayed 

symptoms of being under the influence of alcohol or drugs and was very belligerent. 

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8. At 2210 hours, or 10:10 p.m., R. Ryan arrived and came up to the dispatcher's 

office. Devine told Ryan something and R. Ryan called police as to why they had not 

arrived yet. 

9. At 2220 hours, or 10:20 p.m., two officers from the Galveston Police 

Department arrived and came up to the dispatcher's office. They talked to Richard 

Ryan, Devine and Dispatcher King. R. Ryan explained to the officers and Devine about 

U.S. Coast Guard rules. Ryan told Devine that Ralph McDermott, the Personnel 

Manager, was going to take Devine for tests and that Ralph McDermott was on his way 

to the dispatch office now. Devine refused the tests. R. Ryan then asked Dispatcher 

Sandy King to witness Ryan telling the police and them that Devine refused the tests. 

Dispatcher Sandy King did witness Ryan and Devine saying this in front of the police 

officers. Richard Ryan and the two police officers also witnessed it. 

10. At about 2225 hours, or 10:25 p.m., R. Ryan asked Dispatcher King to call 

Ralph McDermott and tell McDermott there was no need to come down because Devine 

refused the tests. The police and Richard Ryan took Devine to the "boat" where he had 

been serving; and was still serving and assigned as the captain of the vessel. He was 

assigned on the motor vessel CYCLOPS during these incidents. Devine collected his 

gear and belongings and was escorted off the property and told not to come back by the 

police officers or he would be arrested. 

11. At 2240 hours, or 10:40 p.m., Richard Ryan left Dispatcher King's office and 

made sure everything was locked up. He advised female Dispatcher Sandy King that if 

Respondent Devine came back to call the police since she would soon be alone in the 

office at that time. 

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III 

ULTIMATE FINDINGS 

1. Based upon the entire record considered as a whole, the said Complaint in this 

matter and its supporting allegations of Misconduct have been found proved by a 

preponderance of the reliable, probative and substantial evidence, as alleged in the 

official Complaint signed and served on Respondent Devine by U.S. Coast Guard 

Investigating Officer T. Blaine Hoover, MST2, of the Marine Safety Office for the ports 

and region of Houston-Galveston, Texas. 

IV 

CONCLUSIONS OF LAW 

1. The U.S. Coast Guard and the Administrative Law Judge have jurisdiction 

over the subject matter of this hearing under the provisions of 46 U.S. Code Chapter 77, 

including 46 U.S. Code 7701 to 7705; the U.S. Administrative Procedure Act, 5 U.S. 

Code 551 through 559; 46 CFR Parts 4, 5, and 16, as amended; and 33 CFR Part 95. 

2. The official Complaint alleging Misconduct for failing to provide a urine 

sample for drug testing purposes is found proved. 

v 

OPINION 

The above Preliminary Statement, Findings of Fact and Conclusions are 

incorporated herein as if set forth in full. 

It was proved and established that the captioned Respondent, with the identifying 

Coast Guard license and MMD stated in the Complaint, refused just cause drug and 

alcohol tests on the November 26, 2000, while employed as a captain under the authority 

of his license for his marine employer, Ryan Marine Services, Inc. ofthe port of 

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Galveston, Texas. A later notification letter from the Manager of Human Resources, Mr. 

Ralph E. McDermott, of Ryan Marine Services, Inc., was received by the U.S. Coast 

Guard Marine Safety Office Houston-Galveston, reporting the refusal by the Respondent 

to take a reasonable cause drug and alcohol screen test. Respondent displayed many 

symptoms of being under the influence of alcohol and/or drugs that day in question toR. 

Ryan, the female company Dispatcher and the second company Captain, who also arrived 

at the company dispatching office. The captioned Respondent was charged by an 

Investigating Officer's Complaint prepared and served on Respondent by the IO, T. 

Blaine Hoover, at the time stationed at the Marine Safety Office for the ports of Houston 

and Galveston, Texas. Respondent was to appear for a hearing to answer to the charge of 

Misconduct with its supporting allegations. The IO served the Complaint on Respondent 

by Certified Return Receipt U.S. Mail on April 9, 2001. Respondent received and 

completed Respondent's written formal Answer to the Complaint and forwarded it to the 

ALJ Docketing Center on or about April23, 2001. The substance of the charge was 

explained to the Respondent in a letter dated April6, 2001, as well as in the official IO's 

Complaint. Page 2 of the IO's Complaint included Respondent's right to an attorney, 

right to have witnesses and relevant information subpoenaed, right to cross-examine 

witnesses testifying against him, right to introduce relevant information into the record or 

to remain silent. 

The IO proved his case by the testimony of five (5) credible witnesses and the 

introduction into evidence of fifteen ( 15) documentary exhibits. The first witness was 

Mr. Richard Ryan, the President of Ryan Marine Services, Inc. of the port of Galveston, 

Texas. The second witness was Ms. Sandy King, the company Dispatcher employed by 

Ryan Marine Services, Inc. on the date in question. The third witness was Mr. Billy 

Frank Moore, Jr., another vessel captain for this company. The fourth witness was 

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Mr. Eugene Albert, Vice-President of Marine Personnel for Marine Transport Lines, Inc. 

of Rye Brook, New York. The fifth witness was the Personnel Manager ofHuman 

Resources, Mr. Ralph McDermott, employed with the company for approximately the 

last five to six years. He was employed as the Personnel Manager on the date in 

question, Sunday, November 26,2000. 

It was clearly established by the documentary evidence and the testimony of these 

credible witnesses, that the Respondent was definitely under the influence of alcohol 

and/or drugs on the day in question. His breath smelled of alcohol, he had an unsteady 

gait, his eyes were bloodshot, he was not stating complete and proper sentences and acted 

in a belligerent manner toward Mr. Richard Ryan and the small female dispatcher, Ms. 

Sandy King, the dispatcher and a supervisor for the company. Mr. Eugene Albert of 

Marine Transport Lines of Rye Brook, New York testified that their records show that 

while Respondent was employed by Marine Transport Corporation aboard the vessel 

known as the MARINE CHEMIST, Respondent was serving as an Able Seaman on 

January 28, 1995, and he was dismissed or "fired" because he reported to the vessel 

intoxicated, as shown by this witness' testimony and IO's Exhibit 15. The credible 

testimony was that the Respondent reeked of alcohol in the dispatcher's office on the date 

in question in front of the Dispatcher, Ms. Sandy King; the President of the company, Mr. 

Richard Ryan; the two police officers; and a fellow captain, Billy Frank Moore, Jr. 

The Respondent's refusal to submit to a reasonable cause drug and alcohol screen 

test has been clearly proved in the hearing held on July 11, 2001, in Houston, Texas, as 

scheduled, although the Judge did wait ten (10) minutes for the Respondent before 

commencing the hearing to see if he was just late. However, although the hearing took 

approximately an hour and a half, the Respondent never appeared at the hearing room, 

and we did not hear anything from him on the day of the hearing. The sworn credible 

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testimony by five (5) witnesses and the documented fifteen (15) exhibits proved by a 

preponderance of the reliable, probative and substantial evidence the charge of 

Misconduct, as alleged in the IO's official Complaint properly served on Respondent 

well prior to the hearing date. 

In Commandant's Appeal Decision Number 2551 (LEVENE), it was held and 

affirmed that evidence of intoxication includes "personal observation of an individual's 

manner, disposition, speech, muscular movement, general appearance, or behavior." 

In Mr. Ryan's credible testimony, he stated that the Respondent was under the 

influence of drugs and/or alcohol by numerous symptoms such as smelling of beer or 

alcohol, and a swaying gait. The other witnesses testified to the same thing and to 

blurred words and sentences, bloodshot eyes and a belligerent attitude. Ms. King testified 

that Devine's words were slurred, his odor smelled of alcohol or beer and his behavior 

was belligerent. In Captain Moore's credible testimony, he stated he could smell alcohol 

from Devine's breath and that Respondent's behavior was also an indication he was 

under the influence of drugs and/or alcohol, such as bloodshot eyes and a swaying gait or 

walk. All three (3) of the above mentioned witnesses heard the Respondent being 

requested or offered a drug/alcohol drug screen test and Respondent's refusal to submit to 

the drug and alcohol tests the day in question. 

In accordance with 46 U.S. Code 7704(c), the Investigating Officers seek 

revocation due to the facts of this case and that Respondent's past work history shows 

that he has a problem with alcohol. 

VI 

ORDER 

In accordance with Commandant's Appeal Decision Number 2551 (LEVENE) 

and Commandant's Appeal Decision Number 2578 (CALLAHAN), Respondent's 

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captioned license and/or U.S. Coast Guard-issued Merchant Mariner's Document are 

hereby revoked. Respondent is directed to deliver in person or by mail his captioned 

license and document to the attention oflnvestigating Officer T. Blaine Hoover, MST2, 

of the U.S. Coast Guard Marine Safety Office Houston-Galveston, at 9640 Clinton Drive, 

Houston, Texas 77029, telephone number (713) 671-5108. This must be accomplished as 

soon as possible. If Respondent continues to work under the authority of his capti~:med 

license and/or document, he will be subject to criminal charges being brought against 

him. 

YOU ARE HEREBY NOTIFIED that any party may file a notice of appeal 

from this decision within thirty (30) days. If neither party files an appeal pursuant to 33 

C.P.R. Subpart J, this Decision and Order will constitute final Coast Guard action. An 

appeal notice, if any, shall be served on all parties and filed with: U.S. Coast Guard 

Administrative Law Judge Docketing Center, Attention: Hearing Docket Clerk, 40 S. 

Gay Street, Room 412, Baltimore, Maryland 21202-4022, phone number ( 41 0) 962-7 434, 

fax number (410) 962-1742, AND with the undersigned Judge, U.S. Coast Guard, 8876 

GulfPreeway, Number 370, Houston, Texas, 77017-6542, fax number (713) 948-3372. 

See enclosure of33 C.P.R. Subpart J. 

The rules and procedures for appellate review are found in 33 C.P.R. Part 20, 

Subpart J, specifically,§§ 20.1001-1103. A copy of Subpart J has been provided to the 

Respondent as part of the service of this order. 

Each party appealing this Decision and Order has sixty days (60) following the 

issuance of this decision or receipt of the transcript to file an appellate brief. An 

appellate brief shall be served on all parties and filed with: U.S. Coast Guard 

Administrative Law Judge Docketing Center, Attention: Hearing Docket Clerk, 40 S. 

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Gay Street, Room 412, Baltimore, Maryland 21202-4022, phone number 

(410) 962-7434, fax number (410) 962-1742, AND with the undersigned Judge, U.S. 

Coast Guard, 8876 GulfPreeway, Number 370, Houston, Texas, 77017-6542, fax 

number (713) 948-3372. 

Alternative procedures are also provided by which a person, or a Respondent, 

whose U.S. Merchant Mariner's License and/or Document has been revoked, may apply 

to any Commanding Officer of any Marine Safety Office of the U.S. Coast Guard for 

administrative clemency. This is known as applying to the Coast Guard "Administrative 

Clemency Review Board." These rules and requirements are found in 46 C.P.R. 

Subpart L (46 C.P.R. sections 5.901, 5.903, and 5.905) entitled "Issuance ofNew 

Licenses, Certificates or Documents After Revocation or Surrender," and can also be 

found in the U.S. Coast Guard Marine Safety Manual. 

Dated: rtr>:v£ , 2001 

Copy: 

Administrative ~a 

U.S. Coast Guaf-' 

MSO Houston-Galveston, Attn: MST2 T. Blaine Hoover, 10 

Bruce W. Devine, Respondent 

CCGDS(m) 

ALJ Docketing Center, Baltimore 

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