UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

UNITED STATES COAST GUARD 

UNITED STATES OF AMERICA : DECISION OF THE 

UNITED STATES COAST GUARD : VICE COMMANDANT 

 : ON APPEAL 

 vs. : NO. 2636 

 : 

MERCHANT MARINER : 

DOCUMENT ISSUED TO : 

ERICK L. HOSKINS : 

 This appeal is taken in accordance with 46 USC § 7702, 46 USC § 7704, 46 CFR 

§ 5.701, and the procedures in 33 CFR Part 20. 

 By a Decision and Order (D&O) dated January 9, 2002, Edwin M. Bladen, an 

Administrative Law Judge (ALJ) of the United States Coast Guard at Seattle, 

Washington, revoked Erick L. Hoskins’ (Appellant) merchant mariner document. The 

Appellant was charged under 46 USC § 7704(b) in a single specification based on a 

conviction of a State of Washington dangerous drug law. The charge and specification 

were found proved by the ALJ. 

 The D&O was served on the Appellant and the Coast Guard on January 9, 2002. 

The Appellant filed his Notice of Appeal on February 4, 2002, and subsequently filed his 

appeal on March 5, 2002. The matter is properly before me. 

APPEARANCES: Shane C. Crew, Esq., 720 Olive Way, Suite 1301, Seattle, 

Washington, 98101 for Appellant. The Coast Guard Investigating Officer was 

Chief Warrant Officer Clarence C. Rice, 1519 Alaskan Way South, Settle, WA 98134-

1192. 

 
HOSKINS NO. 2636 

 FACTS 

 At all relevant times, Appellant held the above captioned document. On May 15, 

1998, the Appellant applied to the Coast Guard for a merchant mariner document. The 

Appellant disclosed to the Coast Guard that he had been convicted of a drug related 

offense in 1994. The Appellant also disclosed a pending charge for violation of the 

Washington Uniform Controlled Substance Act in 1996, specifically, distribution of 

cocaine. The Coast Guard considered the 1994 conviction but not the pending charge 

and issued a merchant mariner document to the Appellant on December 22, 1998. 

Subsequently, the Appellant was convicted of the 1996 offense and sentenced on 

February 19, 1999. He was incarcerated on August 23, 2000. The Coast Guard learned 

of the conviction and initiated suspension and revocation proceedings. 

 During the Appellant’s incarceration in 2000 for the 1996 offense, he underwent 

emotional treatment for his former drug lifestyle. Also, the evidence showed that he was 

employed by the Washington State Ferry System before and after his conviction and 

performed his job in an outstanding manner. 

BASES OF APPEAL

Appellant raised the following issues on appeal: 

I. Where an applicant has disclosed a pending charge of a drug related offense in 

the application process, and has admitted to being a user of drugs, and is 

issued a document, does his document get automatically revoked if he later 

pleads to the pending drug related offense? 

II. Is there any discretion allowed in the implementation of 46 USC § 7704: a) 

where the document holder has always executed his job in an outstanding 

manner, and poses no danger to the safety of the vessel, passengers or crew; 

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HOSKINS NO. 2636 

and b) has completed rehabilitation, relapse prevention training, and has been 

drug free for five years. 

OPINION

 Generally, the Appellant asserts that the Coast Guard’s strict construction of 46 

USC § 7704(b)1

 is not consistent with applicable law and public policy. Specifically, the 

Appellant argues that since he disclosed his pending drug charge at the time he applied 

for a merchant mariner document, the Coast Guard cannot revoke his document based on 

the subsequent conviction. The Appellant further argues that the statutory provision is 

inconsistent with 46 USC § 7704(c)2 and other statutes like 46 USC § 7703.3 

Appellant also argues that strict construction of 46 USC § 7704(b) is inconsistent 

with the Coast Guard policy to not consider convictions outside of the assessment period 

when an individual applies for a merchant mariner document. The Appellant further 

argues that it would violate public policy concerning vessel safety to revoke his 

document since he is a qualified mariner. 

In the present case, the applicable law is found at 46 USC § 7704(b). When 

Congress enacted this law, it mandated that a merchant mariner document shall be 

 

1

 46 USC § 7704(b); If it is shown at a hearing under this chapter that a holder of a license, certificate of 

registry, or merchant mariner’s document issued under this part, within 10 years before the beginning of the 

proceedings, has been convicted of violating a dangerous drug law of the United States or of a State, the 

license, certificate, or document shall be revoked. 

2

 46 USC § 7704(c); If it is show that a holder has been a user of, or addicted to, a dangerous drug, the 

license, certificate of registry, or merchant mariner’s document shall be revoked unless the holder provides 

satisfactory proof that the holder is cured. 

3

 46 USC § 7703; Bases for suspension and revocation 

A license, certificate of registry, or merchant mariner’s document issued by the Secretary may be 

suspended or revoked if the holder— 

(1) when acting under the authority of that license, certificate, or document – 

(A) has violated or fails to comply with this subtitle, a regulation prescribed under this subtitle, or any 

other law or regulation intended to promote marine safety or to protect navigable waters; or 

(B) has committed an act of incompetence, misconduct, or negligence; 

(2) is convicted of an offense that would prevent the issuance or renewal of a license, certificate of registry, 

or merchant mariner’s document; or 

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HOSKINS NO. 2636 

revoked based on a conviction of a state dangerous drug law. Congress enacted 46 

USC § 7704 with the express purpose and intent of removing those individuals who 

possess or use drugs from service in the United States merchant marine. House Report 

No. 338, 98th Cong., 1st session 177 (1983). The Coast Guard has no discretion in this 

matter. Commandant Decisions on Appeal 2433 (BARNABY), 2435 (BABER), and 

NTSB Order No. EM-125. 46 USC § 7704(b) applies when there is a conviction for 

violation of a dangerous drug law and unequivocally requires revocation. Id. It does not 

contemplate any discretionary exceptions. Id. The statutory provision is clear on its face 

and there is no conflict between 46 USC § 7704(b) and other statutory provisions cited by 

the Appellant. 46 USC § 7704(c) applies when a merchant mariner has been a user of or 

addicted to a dangerous drug but there is no conviction. 

46 USC § 7703 outlines the discretionary bases for suspension and revocation 

proceedings. 

Regarding the Appellant’s arguments concerning Coast Guard policy, I simply 

note that the “assessment period” applies to the application process for a merchant 

mariner document and not once the license is issued to the mariner which is governed by 

46 USC § 7704. See 46 CFR § 12-02.4(e). The Coast Guard has discretion in the former 

instance but not the latter. Based on my conclusion concerning the Coast Guard’s lack of 

discretion under 46 USC § 7704(b), there is no need to consider any further the issue 

raised by the Appellant concerning public policy. 

I find that the Coast Guard had no discretion in this case and properly sought 

revocation of appellant’s merchant mariners document under 46 USC § 7704(b). 

 

(3) within the 3-year period proceeding the initiation of the suspension or revocation proceeding is 

convicted of an offense described in section 205(a)(3)(A) or (B) of the National Driver Register Act of 

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HOSKINS NO. 2636 

5

CONCLUSION

The findings of the ALJ are supported on the record by substantial, reliable, and 

probative evidence. The hearing was conducted in accordance with applicable laws and 

regulations. 

ORDER

 The Administrative Law Judge’s Decision and Order dated January 9, 2002, is 

AFFIRMED. 

T. J. BARRETT 

Vice Admiral, U S Coast Guard 

 Vice Commandant 

Signed at Washington, D.C., this 26th day of January, 2003. 

 

1982 (23 USC 401 note).