UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

UNITED STATES COAST GUARD 

* * * * * * * * * * * * * * * 

* 

UNITED STATES OF AMERICA; * 

UNITED STATES COAST GUARD * 

* 

* 

Merchant Mariner's Document * 

No. 575-71-8039 * 

Issued to 

CESAR RUIZ 

Respondent 

* 

* 

* 

* 

* 

* 

* * * * * * * * * * * * * * * 

APPEARANCES: 

LT Michael Simbulan, 

LTJG William N. Deluca, 

Date: October 4, 2000 

Docket No. 99-0387 

(Honolulu, HI) 

For the Coast Guard 

Ben Martin, Esq. 

For the Respondent 

BEFORE: Hon. Parlen L. McKenna 

Administrative Law Judge 

DECISION AND ORDER 

This suspension and revocation proceeding was instituted by the U. S. Coast 

Guard in the discharge of its duty to promote the safety of life and property 

at sea. It was brought pursuant to the legal authority contained in 46 United 

States Code § 7703 and was conducted in accordance with the procedural 

requirements of 5 U.S.C. 551-559 and Part 5 of Title 46 of the Code of Federal 

Regulations. A hearing was held on Friday, March 31, 2000, at the United 

States Bankruptcy Court, District of Hawaii, 1132 Bishop Street, Suite 601, 

Honolulu, HI 96813. 

LT Michael Simbulan and LTJG William N. Deluca, USCG, duly authorized 

Investigating Officers of Marine Safety Office, United States Coast Guard, 

appeared for and represented the Coast Guard. Respondent appeared personally 

and with Ben Martin, Attorney at Law. A record of the hearing was made by a 

qualified reporter. A list of the exhibits entered into evidence are set forth 

in Appendix A. 

Respondent's Merchant Mariner's Document No. 575-71-8039 issued by the U. S. 

Coast Guard, was not produced for identification and examination, However, on 

April 15, 2000, Respondent returns from his rotation at sea and will surrender 

his document to the Coast Guard at that time (See Government Exhibit No. 2). 
After examining the charges and the factual allegations they were found by me 

to be correct as to form and legal sufficiency. They are as follows: 

FIRST CHARGE: VIOLATION OF LAW OR REGULATION 

1) FACTUAL ALLEGATIONS: The Coast Guard alleges that on December 7, 

1998, while aboard the S.S. Independence, the Respondent violated 

Company policy and Coast Guard regulations by refusing to submit to a 

"Breath alcohol Test" and "Chemical Drug Test". 

SECOND CHARGE: MISCONDUCT 

1) FACTUAL 

December 7, 

Respondent 

crewmember, 

ALLEGATIONS: The Coast Guard alleges that on or about 

1998, at approximately 1:15 a.m. (local time), the 

did wrongfully engage in mutal combat with another 

Mr. Pati Taototo, while aboard the vessel S.S. Independence. 

2) FACTUAL ALLEGATIONS: The Coast Guard alleges that on or about 

December 7, 1998, at approximately 1:15 a.m. (local time), the 

Respondent did wrongfully assault Mr. Pati Taototo, by brandishing a 

knife in a threatening manner and stabbing Mr. Taototo. 

The findings of fact and conclusions of law which follow are prepared upon my 

analysis of the entire record, and applicable regulations, statutes, and case 

law. Each exhibit entered, although perhaps not specifically mentioned in 

this decision, have been carefully reviewed and given thoughtful 

consideration. 

DISCUSSION, FINDINGS OF FACT AND CONCLUSIONS OF LAW 

The Respondent was charged in this case with "Violation of Regulation" which 

is defined for the purposes of these remedial suspension and revocation 

proceedings in 46 C.F.R. § 5.33 as follows: 

"Where the proceeding is based exclusively on that part of title 

46 U.S.C. § 7703, which provides as a basis for suspension or 

revocation a violation or failure to comply with 46 U.S.C. 

subtitle II, a regulation prescribed under that subtitle, or any 

other law or regulation intended to promote marine safety or 

protect navigable waters, the charge shall be violation of law or 

violation of regulation. The specification shall state the 

specific statute or regulation by title and section number, and 

the particular manner in which it was allegedly violated". 

The Respondent was also charged with "Misconduct" which is defined for the 

purposes of these remedial suspension and revocation proceedings in 46 C.F.R. 

§ 5.27 as follows: 

""Misconduct" is human behavior which violates some formal, 

duly established rule. Such rules are found in, among other places, 

statutes, regulations, the common law, the general maritime law, 

a ship's regulation or order, or shipping articles and similar 

sources. It is an act which is forbidden or a failure to do that 

which is required." 

2 
46 U.S.C. § 7703 (2) provides that a document "may be suspended or revoked if, 

when acting under the authority of that license, certificate or document, the 

holder has committed an act of incompetence, misconduct or negligence". 

It was convincingly established by Respondent's plea . of "Admit", that on 

December 7, 1998, while being the holder of Merchant Mariner's Document No. 

575-71-8039, wrongfully refused to submit to a "Breath Alcohol Test" and 

"Chemical Drug Test"; wrongfully engaged in mutal combat with another 

crewmember, Mr. Pati Taototo, while onboard the vessel S.S Independence; and 

wrongfully assualt Mr. Pati Taototo, by brandishing a knife in a threatening 

manner and stabbing Mr. Taototo. 

FINDINGS OF FACT 

1. Cesar Ruiz, the Respondent, was at all times the holder of a duly issued 

Merchant Mariner's Document No. 575-71-8039. His document was issued at 

Honolulu, HI. It authorizes him to serve as: Wiper, SD (FH) , Lifeboatman, 

Tank-Assistant (DL) with no additional endorsements. Respondent's document 

expires on June 8, 2004. (See Government Exhibit No. 4). 

2. Timely and proper notice was given to the Respondent of the date, time and 

place of the hearing as required by 46 C.F.R. § 5.107. 

3. The answer of "Admit" co the charges of Violation of Law or Regulation, 

Misconduct and to the factual allegations entered herein was accepted by the 

Administrative Law Judge only after Respondent had been fully informed as to 

the consequences of such a plea. Respondent entered his answer of "Admit" 

voluntarily, intelligently, knowingly and was at the time fully aware of the 

possible consequences of such an answer. 

4. An answer of "Admit" entered in open hearing is sufficient in and of itself 

to support a finding of proved (See 46 C.F.R. 5.527(c)). Moreover such an 

answer operates as an admission of all matters of fact as charged and averred 

and constitutes a waiver of all non-jurisdictional defects and defenses, and 

obviates the requirement for establishing a prima facie case (Appeal Decision 

No's. 2362-Arnold; Appeal Decision No. 2376-Frank; Appeal Decision No. 2458-

German and Appeal Decision No. 2480-Lett). 

5. The Respondent lists his current address as 94-1487 Kahualoa Street, 

Waipahu, HI 96797. In addition, the Respondent list Ben Martin, Attorney at 

Law, as his secondary address as follows: 1188 Bishop Street, #1810, Honolulu, 

HI 96813. Respondent has been advised that if he changes his current residence 

address, Respondent must advise the Judge's office and the Marine Safety 

Office Honolulu, HI, of the new address and telephone number, by postcard or 

letter. 

6. The acts and conduct of Respondent while aboard the above-described vessel 

are within the suspension and revocation jurisdiction provided by Title 46 

U.S.C.§ 7703 and 46 C.F.R. Part 5. 

3 
CONCLUSIONS OF LAW 

1. The Respondent and the subject matter of the hearing are within the 

jurisdiction vested in the United States Coast Guard by 46 u.s.c. § 7703; the 

United States Administrative Procedure, 5 U.S.C 551 et seq.; and 46 C.F.R. 

Part 5. 

2. The charges and the factual allegations are proved by Respondent's answer 

of "Admit". 

The Respondent's prior disciplinary record, maintained by the U. S. Coast 

Guard, was examined by the Administrative Law Judge in accordance with 46 

C.F.R. § 5.565 after a finding of 'proved' was entered. The record indicates 

it as being "Negative" for the past ten years (See Government Exhibit No. 3). 

Based upon the foregoing Findings of Fact and Conclusions of Law and for good 

cause shown, it is 

ORDERED 

THAT Merchant Mariner's Document No. 575-71-8039 issued to CESAR RUIZ is 

hereby SUSPENDED OUTRIGHT for four (4) months commencing December 7 1998 

and ending on June 7, 1999. In addition, Respondent agrees not to use 

alcohol of any kind or at any time for two years; attend AA/NA meetings 

one day per week for one (1) year; receive stress/anger management 

counseling and provide the results of the above to the Coast Guard; along 

with one (1) random drug test per quarter starting April 15, 2000 for one 

(1) year. 

Violation of the agreement will result in the Revocation of the 

Respondent's Merchant Mariner's Document. 

IT IS FURTHER ORDERED that the complete Decision and Order, be delivered 

to Counsel and Respondent by mailing the same to them addressed as 

follows: 

Ben Martin, Esq. 

1188 Bishop Street, #1810 

Honolulu, HI 96813 

Cesar Ruiz 

94-1487 Kahualoa Street 

Waipahu, HI 96797 

This will constitute service of the Decision and Order upon the 

Respondent within the intendment of Title 46 C.F.R. § 5.571 

Dated this 4th day of October, 2000 

Al~eda, California 

4 

~ s. "~.._T __ • -"-""' 

HON. PARLEN L. McKENNA 

Administrative Law Judge