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UNITED STATES OF AMERICA 

DEPARTMENT OF HOMELAND SECURITY 

UNITED STATES COAST GUARD 

UNITED STATES COAST GUARD 

Complainant 

vs. 

JEROME M. LYONS, 

Respondent. 

Docket Number CG S&R 02-0411 

CG Case No. 1487602 

DECISION AND ORDER 

Issued by: Archie R. Boggs, Administrative Law Judge 

PRELIMINARY STATEMENT 

This proceeding is brought pursuant to the authority contained in 5 USC 551-559; 46 

USC Chapter 77; 46 Code of Federal Regulations, Parts 5 and 16; and 33 CFR Parts 20 and 95. 

Jerome Lyons was served with a Complaint at Morgan City, LA, by U. S. Coast Guard 

Investigating Officer, LTJG C. Nicholas Parham, on 26 June 2002. The Complaint alleged 

statutory authority as "46 USC 7703 (1)" and regulatory authority as "46 CFR 5.27 

(Misconduct) and 46 CFR 5.33 (Violation of Law or Regulation)." 

The factual allegations of Misconduct are as follows: 

"1. The Coast Guard alleges that on October 9, 200 1 aboard M/V Delta 

Traveler the R:espondent: 

2. wrongfully violated Delta Towing, L.L.C. company policy. 

3. In that Respondent consumed alcohol while onboard a company vessel. 

Factual allegations- Violation of Law or Regulation. 
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4. Respondent wrongfully violated 33 CFR 95.045(b) by testing positive for 

alcohol while assigned as Master aboard the M/V Delta Traveler 

5. In that on October 10, 2001, Respondent took a Reasonable Cause alcohol test. 

6. A specimen was collected by Wade Savoy of Multi-Management Services, Inc. 

7. That the initial specimen subsequently tested positive for Alcohol with a Blood 

Alcohol Concentration of .21 0. 

8. A confirmation specimen was collected by Wade Savoy ofMulti~Management 

Services, Inc. 

9. That the confirmation specimen subsequently tested positive for Alcohol with a 

Blood Alcohol Concentration of .192." 

The Respondent filed an Answer in which he admitted all jurisdictional allegations and 

denied paragraph 5 only ofthe factual allegations. Paragraph 5 ofthe factual allegations 

reads: "in that on October 10, 2001 Respondent took a reasonable cause alcohol test." He 

admitted all of the other factual allegations. 

A hearing was held at the Marine Safety Office, Morgan City, on 11 September 2002. 

In support of the Complaint the Investigating Officer introduced into evidence the 

testimony of four (4) witnesses: (1) Nicole Mallett, who served as deckhand on the M/V 

Delta Traveler on 10 October 2001; (2) John DeCoursey, who was crew boat manager for 

Delta Towing during October 2001; (3) Monty Wade Savoy, a certified BAT tester, who 

performed an alcohol test on Mr. Lyons on 10 October 2001 with an initial test of .21 0, and ( 4) 

Denise Chauvin, who is a supervisor in charge of collectors for Multi Management Services, 

Inc. 

The Investigating Officer also introduced seven (7) exhibits. 

I.O. Exhibit No. 1 - a copy of a "Dmg and Alcohol Free Work 

Environment Policy" signed by Jerome M. Lyons on 4/18/01. 

I.O. Exhibit No. 2 - a copy of a completed U.S. Department of 

Transportation (DOT) Alcohol Testing Form dated 10 October 2001 

signed by Jerome :M. Lyons. 

I.O. Exhibit No. 3 ~ a copy of a "Training Certificate," which was 

issued to Wade Savoy on28 March 2001. 

I.O. Exhibit No. 4 -another copy of a "Training Certificate," which 

was iS.iued to Denise Chauvin on 1 Febmary 2000. ' 

·,. 
I.O. Exhibit No. 5 - a copy of a calibration testing schedule for an 

instmment bearing number 013337. 

I.O. Exhibit No. 6 - a copy of an "e-mail" fi·om Peggy Celestin, with 

a subject: ''MERMARPER dated 17 October 2001 concerning Jerome 

Lyons." 

I.O. Exhibit No. 7- a Rapidraft Letter dated 20 July 2000 concerning 

Mr. Lyons. 

Mr. Lyons testified under oath in his own behalf. 

FINDINGS OF FACT 

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1. On 9 and 10 October 2001 Jerome Lyons was serving as Master of the M/V Delta 

Traveler. 

2. On the evening of 9 October 2001 Mr. Jolm DeCoursey of Delta Towing was 

notified by telephone that crew members were drinking on board the Delta Traveler. 

3. Mr. DeCoursey proceeded to the vessel and after interviewing the crew members he 

ordered them to submit to reasonable cause blood alcohol tests. 

4. The tests were administered by Wade Savoy, a Department of Transportation 

certified collector from Multi-Management Services, Inc., using an alcohol sensor 

IV testing device. 

5. The results of the initial test of Mr. Lyons showed a blood alcohol concentration of 

.210. 

6. Fifteen minutes later a confirmation test resulted in a reading of .192 blood alcohol 

concentration. 

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· 7. The blood alcohol test of Mr. Lyons exceeded the .04 blood alcohol concentration 

set forth in 33 USC 95.02. 
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OPINION 

The allegations in the Complaint are proved by reliable, substantial and probative 

evidence. 

Mr. Lyons has a prior record of dmg abuse. On 11 May 2000 Mr. Lyons' license was 

returned to him after he previously voluntarily deposited it with the Marine Safety Office, 

Morgan City, in order to undertake a rehabilitation program for prohibited drugs. 

The record shows that Mr. Lyons previously used prohibited drugs. It has now been 

shown that he used alcohol to excess while serving in the responsible position of Master of a 

vessel. 

The only appropriate order is revocation of his license. 

ORDER 

That your license No. 830622 and all other licenses, documents or certificates of 

service issued to you by the U. S. Coast Guard or any predecessor authority, if still in your 

possession, be and the same are hereby revoked. 

Rules governing appeals are attached hereto. 

Dated ).!__ April 2003 

New Orleans, Louisiana 

ARCHIE R. BOGGS 

ADMINISTRATIVE LAW JUDGE 

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