Background

On February 16,2023 the Coast Guard filed a Complaint against Stephen Landers

(Respondent) alleging one count ofuse of or addiction to the use of dangerous drugs. The

Return of Service for Complaint filed by the Coast Guard indicates the Complaint was delivered

to Respondent's residence by Express Courier Service and signed for by a suitable adult at the

residence on February 21,2023 (Attachment A).

On April 24,2023, the Coast Guard filed a Motion for Default Order (Motion),

explaining Respondent failed to file an Answer, and the response time has passed. See 33 C.F.R.

S 20.308. The Retum of Service for Motion for Default states the Motion was delivered to

Respondent's residence by Express Courier Service and sigaed for by a suitable adult at the

residence on April24,2023 (Attachment B). The Chief Administrative Law Judge assigned the

matter to me on M ay 23 , 2023 .

Discussion

The applicable regulations require a respondent to "file a written answer to the complaint

20 days or less after service ofthe complaint." 33 C.F.R. I20.308(a). An administrative law

judge (ALJ) may find a respondent in default "upon failure to file a timely answer to the

complaint or, after motion, upon failure to appear at a conference or hearing without good cause

shown." 33 C.F.R. $ 20.310(a). Default constitutes an admission ofall facts alleged in a

complaint and a waiver ofrespondent's right to a hearing on those facts. 33 C.F.R. g 20.310(c).

The Complaint filed by the Coast Guard and properly served on Respondent contained

instructions that clearly stated "YOU MUST RESPOND TO THIS COMPLAINT WITHIN 20

DAYS" and provided the applicable regulatory provision,33 C.F.R. $ 20.308. The instructions
also informed Respondent an extension of time could be requested "within 20 days" ofreceipt.

Respondent failed to respond to the Complaint or the Motion for Default Order.

Accordingly, I find Respondent in default pursuant to 33 C.F.R. g 20.310(a). Default

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

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

As to the charge ofuse of, or addiction to the use of dangerous drugs, the Complaint

alleges on September 28, 2022, Respondent took a non-46 C.F.R. Part 16, and tested positive for

Methamphetamine and Amphetamine. See 46 U.S.C. $ 7704(b).

The factual allegations in the pleadings are legally suflicient to find the charge ofuse of,

or addiction to the use of dangerous drugs PROVED. Id.

I find the facts alleged in the Complaint sufficient to warrant the suggested sanction of

REVOCATION. See 46 C.F.R. $ 5.569.

WHEREFORE,

ORDER

Upon consideration ofthe record, I find Respondent in DEFAULT.

IT IS HEREBY ORDERED, in accordance with 33 C.F.R. $ 20.310, I find the

allegations set forth in the Complaint PROVED.

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

including Respondent's Merchant Mariner Credential (MMC), are REVOKED.

IT IS FURTHER ORDERED, Respondent shall immediately deliver all Coast Guard

issued credentials, licenses, certificates, or documents, including the MMC, by mail, courier

service, or in person to: USCG Sector Mobile, 1500 l5m Street, Mobile, Alabama 36615. In
accordance with l8 U.S.C. $ 2197, ifRespondent knowingly continues to use the Coast

Guard issued MMC, Respondent may be subject to criminal prosecution.

IT IS FURTHER ORDERED. pulsuan! to 3J q.F.R. I 20.310(e), for sood cause

shown- an ALJ ma 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 the U.S. Coast

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

412; 40 S. Gay Street; Baltimore, MD 21201-4022.

PLEASE TAKE NOTICE, service of this Default Order on the parties serves as notice

of appeal rights set forth in 33 C.F.R. $ 20.1001-20.1004 (Attachment C).

SO ORDERED.

Timothy G. Stueve

Administrative Law Judge

Done and dated May 25,2023, at

Alameda, Califomia