UNITED STATES OF AMEzuCA

LI.S. DEPARTMENT OF HOMELAND SECURITY

UNITED STATES COAST GUARD

UNITED STATES COAST GUARD

Complainant

VS

CHRISTOPHER RYAN BROADWAY

Respondent

Docket Number 2023-0042

Enforcement Activity No. 7 623218

DEFAULT ORDER

This matter comes before me on the United States Coast Guard's (Coast Guard) Motion

for Default Order. As of the date of this order, Christopher R. Broadway (Respondent) has not

filed a reply to the motion. 33 C.F.R. S 20.310. As set forth below, I find Respondent is in

DEFAULT and his credentials are REVOKED.

Background

On February "1,2023,the United States Coast Guard (Coast Guard) serued a Complaint

against Christopher R. Broadway (Respondent) alleging Respondent is a security risk that poses

a threat to the safety or security of a vessel or structure located within or adjacent to the marine

environment and conviction ofa dangerous drug law violation. See 46 U.S.C. $ 7703(5) and a6

U.S.C. $ 7704(a). To date, Respondent has not filed an Answer to the Complaint as required by

33 C.F.R. $ 20.308.

On March 9, 2023, the Coast Guard served Respondent with a Motion for Default Order

pusuant to 33 C.F.R. $ 20.310. As ofthe date of this order, Respondent has not filed a response

to the Coast Guard's ntotion.
Discussion

Pursuant to 33 C.F.R. S 20.308, a Respondent must file an Answer to a Complaint 20

days or less after service of the Complaint. If the Respondent fails to file an Answer without

good cause shown, "[t]he ALJ may find a respondent in default. . ." 33 C.F.R. g 20.310. Default

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

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

After careful consideration ofthe facts and circumstances ofthis case. I find more than

twenty days have passed since the Coast Guard served Respondent with the Complaint in this

matter. Furthermore, given that Respondent has not responded to the Coast Guard's Motion, I

find Respondent has nol shown good cause for his failure to file an Answer timely. Accordingly,

I find Respondent in DEFAULT pursuant to 33 C.F.R. g 20.310(a) .

Having found Respondent in DEFAULT, Respondent admits the facts in the Complaint

by operation of33 C.F.R. $ 20.310(c). Based onthese admitted facts, the undersigned finds I

have jurisdiction over the subject matter ofthe Complaint and the charge alleging Respondent is

a security risk that poses a threat to the safety or security of a vessel or structure located within

or adjacent to the marine environment and conviction ofa dangerous drug law violation as

described by 46 U.S.C. 7703(5) and 46 U.S.C. 7704(a). I further find these admitted facts prove

Respondent violated 46 U.S.C. $ 7703(5) and 46 U.S.C. 7704(a). Furthermore, the undersigned

finds the facts alleged in the Complaint sufficient to warrant the suggested sanction of

REVOCATION. Id.

WHEREFORE,
ORDER

Upon consideration ofthe record, the undersigned finds Respondent in DEFAULT.

IT IS HEREBY ORDERED, in accordance with 33 C.F.R. $ 20.3 10, the undersigned

finds the allegations set forth in the Complaint PROVED.

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

including his Merchant Mariner Credential, are R-EVOKED. Respondent shall immediately

cease using all Coast Guard issued credentials.

IT IS FURTHER ORDERED, Respondent must immediately deliver by mail, courier

service, or in person, his Merchant Mariner Credential and any other Coast Guard issued

credentials, licenses, certificates, or documents to: Mr. Eric Bauer, Suspension & Revocation

National Center of Expertise 100 Forbes Dr., Martinsburg, Wy 25404.

IT IS FURTHER ORDERED, pursuant to 33 C.F.R. { 20.310(e). for sood cause

shown. an ALJ mav set aside a findins of default. A motion to set aside a finding of default may

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

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

412;405. Gay Street; Baltimore, MD 21201-4022.
PLEASE T NOTICE that service of this Default Order on the parties serves as

notice ofappeal rights set forth in 33 C.F.R. $ 20.1001-20.1004.

SO ORDERED.

Done and dated this 26th day of April, 2023

New Orleans, LA

Brian J. Curley

US Coast Guard

Administrative Law Judge