UNITED STATES OF AMERICA

U.S. DEPARTMENT OF HOMELAND SECURITY

UNITED STATES COAST GUARI)

UNITED STATES COAST GUARD,

Complainant,

vs

JORDAN VERNE BEEMER,

Respondent.

Docket Number 2023-017 5

Enforcement Activity Number 768061 7

DEFAULT ORDER

Issued: August 15,2023

By: Honorable Walter J. Brudzinski, Chief Administrative Law Judge

Appearances:

PAUL TRAMM

USCG Sector Puget Sound

For the Coast Guard

JORDAN VERNE BEEMER. Pra se

For the Respondent
ORDER GRANTING COAST GUARD'S MOTION FOR DEFAULT ORDER

On May 12, 2023, rhe United States Coast Guard Sector Puget Sound (Coast Guard)

issued a Complaint against JORDAN VERNE BEEMER (Respondent) alleging Respondent

violated 33 C.F.R. $ 95.045(b) for being under the influence ofalcohol while serving as a

crewmember aboard the YAKIMA (ON 5l1823) on April 4,2023. Violation of 33 C.F.R. $

95.045(b) is a violation ofa regulation as described by 46 U.S.C. $ 7703(l)(A) and defined by

46 C.F.R. $ 5.33. The Coast Guard proposes a sanction of twelve (12) months of outright

suspension of Respondent's Merchant Mariner Credential (MMC or credential).

The Coast Guard filed its Return of Service for Complaint on June 5, 2023, indicating it

served a copy of said Complaint to Respondent at his residence by express courier. A person of

suitable age and discretion residing at this address signed for the package on June 2, 2023. As

set forth in the Complaint, Respondent's Answer is due within 20 days of receipt in accordance

with 33 C.F.R. $ 20.308. Respondent's Answer was due no later than lune 22,2023.

To date, Respondent has neither filed an Answer nor requested an extension oftime to

file an Answer; therefore, the Coast Guard filed its Motion for Default Order (Default Motion)

on July 5, 2023, requesting the Administrative Law Judge (ALJ) issue a Default Order against

Respondent imposing the sanction asked for in the Complaint. The Coast Guard subsequently

filed a Retum of Service for the Default Motion stating it attempted to serve Respondent by

express courier service, but Respondent "[r]efused to accept delivery." The FedEx Tracking

Report shows there were delivery attempts on July 18, 19, and 20,2023; and, after three delivery

attempts, the package was retumed to the Coast Cuard on July 25,2023.

Title 33 C.F.R. $ 20.304(h) provides "[i]f a person refuses to accept delivery ofany

document or fails to claim a properly addressed document other than a complaint sent under this

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subpart, the Coast Guard considers the document served anyway. Service is valid at the date and

the time of mailing, of deposit with a contract service or express-courier service, or of refusal to

accept delivery." Therefore, service of the Coast Guard's Default Motion became valid on July

17,2023,the date the package was deposited with FedEx.

On August 11,2023, the ALJ Docketing Center assigned this matter to me for review and

adjudication. I have carefully reviewed this file, and I find the applicable provisions of33

C.F.R. $$ 20.310 and 20.304(d) and (h) have been complied with and Respondent is in

DEFAULT. Under 33 C.F.R. $ 20.310(c) a default constitutes an admission of all facts alleged

in the Complaint and a waiver ofRespondent's right to a hearing.

Accordingly, I find the violations alleged in the Complaint are PROVED. I have

carefully reviewed the Complaint and the Default Motion and further find the proposed sanction

of twelve (12) months of outright suspension is appropriate under the provisions of46 C.F.R. $

5.569.

J
SANCTION

IT IS HEREBY ORDERED that Respondent JORDAN VERNE BEEMER's Merchant

Mariner Credential is SUSI'ENDED OUTRIGHT FOR TWELVE (12) MONTHS.

IT IS FURTHER ORDERED that Respondent immediately deposit his credential to the

Investigating Officer at the United States Coast Guard Sector Puget Sound, 1519 Alaskan Way

S. Seattle, WA 98134. If Respondent knowingly continues to use his credential during the

period of outright suspension, he may be subject to criminal prosecution.

PLEASE TAI(E NOTICE that under 33 C.F.R. $ 20.310(e), for good cause shown, an

Administrative Law Judge may set aside this finding of Default. Respondent may file a motion

to set aside the finding with the ALJ Docketing Center, Baltimore. MD.

PLEASE TAKE FURTHER NOTICE that service of this Order upon Respondent

serves to notify Respondent ofhis right to appeal as set forth in 33 C.F.R. $$ 20.1001 - 20.1004.

(Attachment A).

Done and dated August 15, 2023

New York, NY

Z/rh/t .S--4;1,

HON. WALTER J. BRUDZINSKI

CHIEF ADMINISTRATIVE LAW JUDGE

UNITED STATES COAST GUARD

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