UNITED STATES OF AMERICA 

 DEPARTMENT OF HOMELAND SECURITY 

UNITED STATES COAST GUARD 

_______________________________ 

UNITED STATES COAST GUARD 

Complainant 

vs. 

CHARLES EUGENE WALKER 

Respondent 

_______________________ 

Docket Number CG S&R 06-0507 

CG Activity No. 2810480 

 

ORDER GRANTING COAST GUARD’S 

MOTION FOR DEFAULT 

AND 

ORDER OF SUSPENSION 

 Issued : JANUARY 30TH, 2007 

Issued by: JOSEPH N. INGOLIA 

 Chief Administrative Law Judge 

Investigating Officer:

PO1 Jeremiah C. Huss, IO 

Sector New Orleans 

Respondent:

Charles Eugene Walker 
ORDER GRANTING MOTION FOR DEFAULT

AND

SANCTION OF REVOCATION

On December 13, 2006, Sector New Orleans filed a Motion for Default Order seeking the 

revocation of Respondent’s Merchant Mariner’s Credentials for his failure to file an Answer to 

the Complaint dated November 1, 2006. A copy of the Motion for Default is attached hereto and 

incorporated herein by reference. 

On January 8, 2007, this S&R proceeding was assigned to me for adjudication of the 

Motion for Default. The matter was taken under advisement and a complete review of this case 

was made. According to the case file, a copy of the original Complaint, dated November 1, 2006, 

was duly served upon the Respondent via First Class Certified Mail, Return Receipt Requested on 

November 8, 2006. Respondent was charged with Misconduct (46 CFR 5.27) for having tested 

positive for alcohol (in violation of 46 CFR 16) on October 7, 2006. 

On January 16, 2007 a copy of the Motion for Default Order was duly served at the 

Respondent’s last known residence, as evidenced by the attached Domestic Return Receipt from 

the U.S. Postal Service. 

To date, the Respondent has failed to file an Answer to the original Complaint and the 

Motion for Default Order (as required by 33 CFR 20.310(b). Therefore, the Respondent has 

failed to respond to the Coast Guard’s Motion for Default as required by 33 CFR 20.310(b). 

2
WHEREFORE, upon consideration of the present record, the Coast Guard’s Motion for 

Default Order is GRANTED. A default constitutes an admission of all facts alleged in the 

Complaint and a waiver of the Respondent’s right to a hearing. (33 CFR § 20.310(c)). 

 Further, I find that the proposed sanction in the Coast Guard’s Complaint is appropriate 

under the provisions of 46 CFR § 5.569. It has been noted that the Coast Guard in the Complaint 

dated October 31, 2006 sought a sanction of 15 days Outright Suspension followed by 6 months 

suspension on 12 months probation. (Emphasis added) In his Motion for Default Order, the 

Investigating Officer proposed a sanction of 12 months Outright Suspension. The only sanction 

that can be considered and approved is that as proposed in the Complaint. WHEREFORE, 

ORDER

IT IS HEREBY ORDERED that your Merchant Mariner’s Document and all other 

credentials issued to you by the U.S. Coast Guard are hereby SUSPENDED OUTRIGHT 

for FIFTEEN (15) DAYS commencing on the date you deposit your Merchant Mariner’s 

credentials with the Investigating Officers at U.S. Coast Guard Sector New Orleans, and 

IT IS FURTHER ORDERED, that your Merchant Mariner’s credentials will be 

SUSPENDED for SIX (6) MONTHS on TWELVE (12) MONTHS POBATION following 

the successful completion of the 15-DAY OUTRIGHT SUSPENSION ordered above. 

Under 33 CFR 20.310(e) for good cause shown, an Administrative Law Judge may set 

aside this finding of Default. You may file a motion to set aside the finding with the ALJ 

Docketing Center, Baltimore. 

3
Service of this Order of Revocation upon you serves to notify you of your right to appeal 

as set forth in 33 CFR Subpart J, Section 20.1001. (Attachment A). 

 

 

 

 JOSEPH N. INGOLIA 

 Chief Administrative Law Judge 

 U.S. Coast Guard 

Dated: January 30, 2007 

Washington, DC 

Copy: 

Sector New Orleans, Attn: PO1 Jeremiah Huss, IO 

Charles E. Walker, Respondent 

4