UNITED STATES OF AMERICA

U.S. DEPARTMENT OF HOMELAND SECURITY

UNITED STATES COAST GUARD

_________________________________

UNITED STATES COAST GUARD

Complainant

vs.

RICHARD ALBERT CHESBROUGH 

Respondent

_________________________________

Docket Number 2011-0224

Enforcement Activity No. 4006949

ORDER STAYING EXECUTION OF SUSPENSION

Issued: July 26, 2012

By Administrative Law Judge: 

Honorable George J. Jordan

Appearances:

LT Kimberly D. Rule

Sector Columbia River

For the Coast Guard

RICHARD ALBERT CHESBROUGH, Pro se

For the Respondent
ORDER STAYING EXECUTION OF SUSPENSION

This is an administrative proceeding under the Administrative Procedure Act (5 U.S.C. 

551 et seq.) concerning the suspension or revocation of a merchant mariner’s credential pursuant

to 46 U.S.C. §§ 7701 et seq. and its underlying regulations found at 33 C.F.R. Part 20 and 46 C.F.R. 

Part 5. The Coast Guard initiated this proceeding by filing a Complaint seeking to suspend 

Respondent’s Coast Guard issued Credentials. On July 25, 2012, I issued an Decision and Order 

suspensing Respondent’s credentials. However, an e-mail was filed by a letter on July 26. 2012 

requesting that I delay the implementation of that Order for a thirty (30) day period in order for 

the owners to make arrangements for a substitute Captain. The Coast Guard has also made 

telephonic status inquires as to the status of the Respondent’s credential. 

Analysis

Coast Guard Regulations provide that having found an allegation proved that I issue an 

order. 46 C.F.R. § 5.567(a) and 33 C.F.R. § 20.902(a). Those regulations require that under 46 

C.F.R. § 5.567(d) that the “order will normally state, that the credential or endorsement is to be 

surrendered to the Coast Guard immediately, if the order is one of revocation or includes a 

period of outright suspension.” (Emphasis in original) However, paragraph (d) contains a 

further provision that “[i]n cases involving special circumstances, the order may provide for 

surrender on a certain date.” Also subparagraph .20.902(a)(2 of Part 20, Title 33 Code of 

Federal Regulations states that decision will contain “[t]he date upon which the decision will 

become effective.”

The Commandant has held that an “Administrative Law Judge has authority to tailor the 

order appropriately in cases involving seasonal activity. See Appeal Decision 1793 (FARIA); 

Appeal Decision 1883 (TREVOR); and Appeal Decision 1887 (VIGILANT).” Appeal Decision 
2475 (BOURDO) (1988). 

Finally, it should be noted that paragraph (e) of Section 5.567 states that “[t]he time of 

any period of outright suspension ordered does not commence until the credential or 

endorsement is surrendered to the Coast Guard. The time of any period of suspension on 

probation begins at the end of any period of outright suspension or the effective date of the order 

if there is no outright suspension” 

I will treat this request as a Motion for Stay of Judgment. There are no Coast Guard rules 

directly on point so I will consider the Federal Rules of Civil Procedure for guidance. 33 C.F.R. 

§ 20.103(c) and FRCP 62. I will stay execution of the Order to surrender until this motion is 

disposed of. 33 C.F.R. § 20.309(e). The Agency has ten (10) days to respond under 33 C.F.R. §

20.309(d). 

ORDER

IT IS HEREBY ORDERED that the SUSPENSION ordered in the Decision and Order 

issued on July 25, 2012 is STAYED for fifteen (15) days unless an order disposing of this motion 

is issued earlier.

IT IS HEREBY FURTHER ORDERED that if the Respondent operates the 

WILLAMETTE QUEEN in violation of its Certificate of Inspection, during this stay, such operation 

will violate the conditions of probation set out in the Decision and Order

SO ORDERED. 

__________________________________________________

George J. Jordan

US Coast Guard Administrative Law Judge

Date: July 26, 2012