I

UNITED STATES OF AMERICA

DEPARTMENT OF HOMELAND SECURITY

UNITED STATES COAST GUARD

UNITED STATES COAST GUARD.

Complainant,

VS

STEVEN MCARTHUR,

Respondent.

Docket Number 2023-0012

Enforcement Activity No. 7319241

DEFAULT ORDER

Issued: March 21.2023

Bv Administrative Law Judge: Honorable Timothv G. Stueve

Appearances:

Fl,ric Bauer

USCG Suspension & Revocation National Center of Expertise

For the Coast Guard

Steven McArthur, pro se

For Respondent
Background

On January 10,2023, the Coast Guard filed a Complaint against Steven McArthur

(Respondent)' The Return ofservice for complaint filed by the coast Guard indicates the

complaint was derivered to Respondent's residence by Express courier Service and signed for

by Respondent at the residence on January 12, 2023 (Attachment A).

On February 6,2023, the Coast Guard filed a Motion for Default Order (Motion),

explaining Respondent failed to file an Answer, and the response time has passed. See 33 c.F.R

$ 20'308' The Return of Service for Motion for Default states the Motion was delivered to

Respondent's residence by Federal Express and signed for by Respondent at the residence on

February 9, 2023 (Attachment B). The chief Administrative Law Judge assigned the matter to

me on March 13 , 2023.

Discussion

The applicable regulations require a respondent to "file a written answer to the complaint

20 days or less after service of the complaint." 33 C.F.R. $ 20.308(a). An administrative law

judge (ALJ) may find a respondent in default "upon failure to file a timely answer to the

complaint or, after motion, upon failure to appear at a conference or hearing without good cause

shown." 33 C.F.R. $ 20.310(a). Default constitutes an admission of all facts alleged in a

complaint and a waiver ofrespondent's right to a hearing on those facts. 33 C.F.R. $ 20.310(c).

The Complaint filed by the Coast Guard and properly served on Respondent contained

instructions that clearly stated "YOU MUST RESPOND TO THIS COMPLAINT WITHIN 20

DAYS" and provided the applicable regulatory provision, 33 C.F.R. $ 20.308. The instructions

also informed Respondent an extension of time could be requested "within 20 days" ofreceipt.

Respondent failed to respond to the Complaint or the Motion for Default Order.
Accordingly, I find Respondent in default pursuant to 33 C.F.R. $ 20.310(a). Default

constitutes an admission ofall facts alleged in the Complaint and a waiver ofthe right to a

hearing. 33 C.F.R. $ 20.310(c). See Appeal Decision 2682 (REEVES) (2008).

Tuming to the allegations in the Complaint, the Coast Guard alleges on June 8,2021, the

Transportation Security Administration (TSA) determine Respondent does not meet the security

threat assessment standards described in 49 C.F.R. $ 1572.5, poses an imminent security threat in

accordance with 49 C.F.R. $ 1572.21(d)(3), and revoked Respondent's TWIC in accordance with

49 C.F.R. $ 1572.5(b). As a result of TSA's actions, the Coast Guard asserts Respondent is a

security risk as described by 46 U.S.C. $ 7703(5).

Having concluded Respondent admitted TSA revoked his TWIC, and all other facts in the

Complaint, I agree TSA's determination that Respondent is not eligible to hold a TWIC is proof

that a mariner is not eligible to hold an MMC. See 46 C.F.R. $$ 10.235(h) and 10.235(i). Based

on these admission, I find these facts as admitted are legally sufficient to hnd the single charge

that Respondent is a security risk as described in 46 U.S.C. $ 7703(5) PROVED. Id.

I find the facts alleged in the Complaint sufficient to \trarrant the suggested sanction of

REVOCATION. See 46 C.F.R. $$ 10.235(h) and 10.235(i).

WHEREFORE.

ORDER

Upon consideration ofthe record, I find Respondent in DEFAULT.

IT IS HEREBY ORDERED, in accordance with 33 C.F.R. |i 20.3 10, I find the

allegations set fodh in the Complaint PRO\aED.

IT IS FURTHER ORDERED, all of Respondent's Coast Guard issued credentials,

including Respondent's Merchant Mariner Credential (MMC), are REVOKED.
IT IS FURTHER ORDERED, Respondent shall immediately deliver all Coast Guard

issued credentials, licenses, certificates, or documents, including the MMC, by mail, courier

service, or in person to: USCG Suspension and Revocation Nation Center ofExpertise, 100

Forbes Drive, Martinsburg, Wy 25404.In accordance with l8 U.S.C. $ 2197, if Respondent

knowingly continues to use the Coast Guard issued MMC, Respondent may be subject to

criminal prosecution.

IT IS FURTIIER ORDER.ED, Dursuant to 33 C.F.R. 6 20.3 l0(e). for sood cause

shown. an ALJ mav set aside a findine ofdefault. A motion to set aside a finding ofdefault may

be filed with the ALJ Docketing Center in Baltimore. The motion may be sent to the U.S. Coast

Guard Administrative Law Judge Docketing Center; Attention: Hearing Docket Clerk; Room

412; 40 S. Gay Street; Baltimore, MD 21201-4022.

PLEASE TAKE NOTICE, service of this Default Order on the parties serves as notice

ofappeal rights set forth in 33 C.F.R. $ 20.1001-20.1004 (Auachment C).

SO ORDERED.

Timothy G. Stueve

Administrative Law Judge

U.S. Coast Guard

Done and dated March 2l . 2023, at

Alameda, Califomia