UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

UNITED STATES COAST GUARD 

UNITED STATES OF AMERICA 

UNITED STATES COAST GUARD 

COMPLAINANT, 

vs. 

Merchant Mariner's Document 

No. 438 15 8061 

Issued to: 

NOlL M. VAUGHN 

Respondent 

Before: Archie R. Boggs 

Administrative Law Judge 

Docket No. 01-0725 

PA No. 0001592 

DECISION AND ORDER 

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 CPR Parts 20 and 95. 

Noil M. Vaughn was served with a Complaint dated 26 October 2001 by LTJG C. C. 

Culotta, U.S. Coast Guard Investigating Officer at New Orleans, LA. The Complaint alleged 

statutory auth?rity as "46 USC 7703(1)(B) Misconduct, 46 USC 7703(2) Conviction preventing 

issuance/renewal of MMD, 46 USC 7704(b); Conviction of Dangerous Drug Law and 46 USC 

7704(c)" "Use of or Addiction to the Use of Dangerous Drugs." The regulatory authority is 

cited as 46 CPR 5.27 Misconduct, 46 CPR 5.33 Violation of Law or Regulation and 46 CPR 

5.35 Conviction of a Dangerous Drug Law. 

The factual allegations read as follows: 

"Factual Allegations - Misconduct (Specification 1) 
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The Coast Guard alleges that on September 11, 2000 at U.S. Coast Guard Regional 

Exam Center the Respondent: 

1. Wrongfully submitted a false application for a duplicate ofhis Merchant 

Mariner's Document in that he failed to indicate that he was previously convicted 

of the following offenses: 

a) June 12, 1985 Possession of contents of stolen mail 

b) June 12, 1985 Forgery 

c) July 12, 1985 Possession of stolen mail 

d) April27, 1987 Burglary/Auto 

e) December 12, 1987 Possession of Firearm/Concealed/Felon 

f) August 18, 1994 Attempted Possession of Heroin within 1 000 feet of a school 

g) June 29, 1999 Theft · 

Factual Allegations- Misconduct (Specification 2) 

The Coast Guard alleges that on March 27, 2001 at U.S. Coast Guard Regional 

Exam Center the Respondent: 

1. Wrongfully submitted a false application for a duplicate ofhis Merchant 

Mariner's Document in that he failed to indicate that he was previously convicted 

for the following offenses: 

a) June 12, 1985 Possession of contents of stolen mail 

b) June 12, 1985 Forgery 

c) July 12, 1985 Possession of stolen mail 

d) April27, 1987 Burglary/Auto 

e) December 12, 1987 Possession of Firearm/Concealed/Felon 

f) August 18, 1994 Attempted Possession of Heroin within 1 000 feet of a school 

g) June 29, 1999 Theft 

Factual Allegations - Conviction of a Dangerous Drug Law 

The Coast Guard alleges that on August 18, 1994: 

1. Respondent was convicted by the Criminal District Court for the Parish of 

Orleans in New Orleans Louisiana of attempted possession of heroin within 

1000 feet of a school (Case 36-629). 

Factual Allegations- Use of or Addiction to the Use of Dangerous Drugs 

The Coast Guard alleges that on (sic) 

1. On April 10, 2001, Respondent took a Pre-employment drug test. 

2. The urine specimen was collected and analyzed by Westbank Surgical Clinic 

using procedures approved by the Department of Transportation. 

3. That specimen subsequently tested positive for Cocaine Metabolites. 

A hearing was held in this matter on 8 January 2002 at the Marine Safety Division in 

the Hale Boggs Federal Building, room 1314, 501 Magazine Street, Room 1314 at the Marine 

Safety Division. 

Although Mr. Vaughn was duly notified of the date, time, and place of the hearing, he 

did not appear at the hearing. The matter proceeded in absentia. If the Respondent can show 
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within twenty (20) days that he had good cause for not making an appearance the hearing will 

be reopened. 

In support of the Complaint the Investigating Officer introduced into evidence six (6) 

exhibits. 

I.O. Exhibit No. 1 -an application for a merchant mariner's document 

dated 11 September 2000. 

I.O. Exhibit No. 2 - another application for merchant mariner's 

document dated 27 March 2001. 

I.O. Exhibit No. 3 - a copy of a Bill of Information filed in the 

Orleans Parish Criminal District Court and a conviction therein 

showing that the Respondent committed simple burglary of a 197 6 

Chevrolet Camaro belonging to Anthony Pietroniro on 27 Aprill987. 

I.O. Exhibit No. 4 - another Bill of Information in the Criminal 

District Court for the Parish of Orleans and a conviction showing that 

· the Respondent possessed a firearm, to wit: a .380 9mm caliber semiautomatic handgun, the said Noel M. Vaughn, having been previously 

convicted of a felony, namely: simple burglary, in case #320-331 "A"; 

of the Criminal District Court of the Parish of Orleans, on 6/4/87. 

I.O. Exhibit No. 5 - another Bill of Information in the Criminal 

District Court for the Parish of Orleans and a conviction showing the 

Respondent did willfully and unlawfully possess a controlled and 

dangerous substance, to wit: Heroin, within one-thousand feet of 

William J. Fischer Elementary School. 

I.O. Exhibit No. 6 - On or about 15 July 1993 in theTwenty-Fourth 

Judicial District Court of Louisiana, in and for the Parish of Jefferson 

violated R.S. 14:67.10 in that he did commit a theft of goods, valued at 

$100.00 to $500.00 from J. C. Penney. 

OPINION 

The evidence supports all the allegations in the Complaint. 

Mr. Vaughn has an extensive record of criminal offenses including theft, burglary and 

use of narcotics. When he twice applied for merchant mariners' documents he indicated that he 

had no such record. 

The Complaint is proved in its entirety 
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ORDER 

That Merchant Mariner's Document No. 438 15 8061 and all other valid documents, 

licenses or certificates of service issued to you by the United States Coast Guard, or any 

predecessor authority, now held by you, be and the same are hereby REVOKED; and upon 

service of this order upon you, you are hereby ordered to forthwith deliver and surrender your 

document, license and certificates of service to the nearest United States Coast Guard Marine 

Safety Office. If you knowingly continue to use your document, you may be subject to 

criminal prosecution. 

Dated SJ.L February 2002 

New Orleans, Louisiana 

ARCHIE R. BOGGS 

ADMINISTRATIVE LAW JUDGE