UNITED STATES OF AMERICA

Df,PARTMENT OF HOMELAND SECURITY

LT]\IITED STATES COAST GUARD

UNITED STATES COAST GUARD,

Complainant,

vs.

ASHLEY MICHELLE ANDERSON.

Respondent

Docket Numbcr 2023-0102

Enforcement Activity No. 7640257

lssued Bv: Honorable George J. Jordan. Administrative Law Judse

Appearances:

LT Claude Nadal

Sector San Diego

For the Coast Guard

Ashley Michelle Anderson, Pra se

For Respondent

DEFAULT ORDER

Issued: November 17. 2023
This matter comes beforc me on the United Statcs Coast Guard's (Coast Guard) Motion

for Default Order. As ofthe date ofthis order, Ashley Michelle Anderson (Respondent) has not

responded to the Complaint or the Motion for Dcfault. Upon review of the record and pertinent

authority, the Coast Guard's Motion for Default is GRANTED.

Background

On Junc 27, 2023, the Coast Guard filed a Complaint against Respondent alleging

Misconduct as established by 46 U.S.C. $ 7703(1XB). The jurisdictional allegations in the

Complaint indicate Rcspondent is the holder of Mcrchant Mariner Credentials (MMC)

000683 102. The Express Courier Service rcceipt, filed by thc Coast Guard with Complaint,

indicates the Complaint was delivered to Respondent's residence by Express Courier Service and

signed for by a person of suitable age and discretion rcsiding at thc individual's residence on July

5.2023.

On Septcmbe r 26 ,2023, the Coast Guard filed a Motion for Default Order, explaining

Respondent failed to file an Ans*er and the response time had passed. See 33 C.F.R. $ 20.308.

The Return of Servicc for Motion for Default Order indicates the Motion was dclivered to

Respondent's residence by Express Courier Service and signed for by a person of suitable agc

and discretion residing at the individual's residence on October 6,2023. The Chief

Administrative Law Judge assigned the matter to the undersigned Administrative Law Judge

(ALJ) on November 13, 2023.

Discussion

The regulations require a respondent to "file a written answer to the complaint 20 days or

less after service of the complaint." 33 C.F.R. $ 20.308(a). An 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 conferenoe 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 ofa respondent's right
to a hearing on those facts. 33 C.F.R. g 20.310(c). Sec

(2008)

Aoocal ecision 2682 REEVES)

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 applicablc regulatory provision, 33 C.F.R. $ 20.308. The instructions

also informcd Respondent he could request an extension of time "within 20 days" ofreceipt.

Rcspondent failed to respond to the Complaint or request an extension of time. Similarly,

Respondent failed to respond to thc propcrly served Motion for Dcfault Order.

Here, the record shows Respondent did not hle an Answer and has made no attempt to

providc good cause for not doing so. Furthermorc, nothing in the rccord indicates Respondent

asked for an extension of time.

Title 33 C.F.R. $ 20.310 providcs "thc respondent alleged to be in dcfault shall file a

reply to the motion 20 days or less after service ofthe motion." Respondent's reply was due no

later than October 26, 2023. To date, Respondent has not filed a reply.

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

Default constitutes an admission of all facts alleged in the Complaint and a waiver ofthe right to

a hearing. 33 C.F.R. $ 20.3 l0(c). See Appeal Decision 2682 (REEVES) (2008).

As to the charge of Misconduct, the Complaint alleges on February 2,2023, Respondent

was employed by NCL, PRIDE OF AMERICA and subject to NCL (Bahamas) LTD's policies,

including prohibiting cmployees from being onboard the PRIDE OF AMERICA with a blood

alcohol levcl (BAC) above 0.04. Further, Respondcnt failed an alcohol breath test with a reading

of 0.227 BAC, in violation of NCL, PRIDE OF AMERICA's drug and alcohol policy.

Respondent's violation olNCL, PRIDE OF AMERICA's drug and alcohol policy is Misconduct,

as described by 46 U.S.C. $ 7703(lXB) and 46 C.F.R. $ 5.27.

3
Upon review ofthe record, I find that the deemed admitted facts are sufficient to establish

that Respondent's misconduct is, as described by 46 U.S.C. S 7703(lXB). Accordingly, I find rhe

allegations set forth in the Complaint PROVED. Bascd on this finding, I also find the facts

alleged in the Complaint as to violation of Misconduct sufficient to warrant the sanction of

SUSPENSION. See 46 C.F.R. g 5.569.

WHEREFORE.

ORDER

Upon consideration ofthe record, I find Respondent in DEFAULT.

IT IS HEREBY ORDERED, in accordance with 33 C.F.R. I 20-310, I find the

allegations set forth in the Complaint PROVED.

IT IS FURTHER ORDERED, all of Rcspondent's Coast Guard issucd credentials,

including Respondent's Merchant Mariner Credential (MMC), are SUSPENDED OUTRIGHT

FOR THREE MONTHS.

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

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

service, or in person to: LT Claude Nadal, U.S. Coast Guard, Sector San Diego, 2710 N. Harbor

Drive, San Diego, CA 92101. In accordance with l8 U.S.C. S 2197, if Respondent knowingly

continues to use the Coast Guard issued MMC, Respondent may be subject to criminal

prosecution.

IT IS FURTHER ORDERED. Dursuanr ro 33 C.F.R. \ 20.310(e). fbr qood cause

shown. an ALJ mav set aside a findins ofdefault. A motion to set asidc a finding ofdefault may

be filed with the ALJ Docketing Ccnter in Baltimore. Thc motion may be sent to thc U.S. Coast

-+
Guard Administralivc Law Judge Dockcting Ccntgr; Attention: Hearing Docket Clerk: Room

4l21 40 S. Gay Strceq Baltimore' MD 21202-4022'

PLEASETAKENoTlCE,serviccofthisDefaultorderontheparticsservesasnotice

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

SO ORDERED.

Donc and dated this November l7 .2023, at

Scattlc, Washington.

A trative Law Judge

United States Coast Guard

5