UNITED STATES OF AMERICA 

U.S. DEPARTMENT OF HOMELAND SECURITY 

UNITED STATES COAST GUARD 

UNITED STATES COAST GUARD 

Complainant 

GLEN LEE PAHEL 

Respondent 

Docket Number CG S&R 06-0576 

CG Case No. 2820707 

ORJlER 

Issued: March 16.2007 

Issued by: Judee Walter J. Brudzinski 

J This Order is issued pursuant to 33 CFR 20.710 in that the parties waived I 

"J 

submission of post hearing proposed findings and requested a bench decision after a A 

hearing was held on March 13,2007 in Toledo, Ohio. On February 23,2007,I granted ,c 

Partial Summary Decision pursuant to 33 CFR 20.901 finding that there was no genuine 

issue of material fact since there was no dispute that Respondent was convicted of the 

offenses alleged in the Coast Guard's Complaint. However. I found that Respondent was 

entitled to a hearing on the issue of Sanction because the statutory authority on which the 

Complaint was based provides for either suspension or revocation. 

Backmound 

Contplaint. On December 12,2006, the Coast Guard filed its Complaint 

alleging that on July 21. 2006, Respondent, Glen Lee Pahel, a holder of a License and 
Merchant Mariner's Document, was convicted on two counts of Criminal Sexual 

Conduct, 4th Degree, (Victim Between 13 - 16) at the 3 IS' Circuit Court in Port Huron, 

Michigan. The Complaint further alleges that according to Coast Guard regulations at 46 

CFR Tables 10.20l(h) and 12.02-4(c) (2), a conviction of Sexual AssaultiChild 

Molestation carries a 5-10 year assessment period for mariners applying for merchant 

mariner licenses and documents. The Coast Guard proposed Revocation and cites 46 

U.S.C. S; 7703(2) (Bases for sztspension or revocation) and 46 CFR 5.61(a) (3) (Acts or 

oflenses for which revocation of licenses, certificates, or documents is sought) as 

authority. On December 29,2006, this matter was assigned to the undersigned for review 

and adjudication. 

Summary Decision. On January 5,2007, the Coast Guard filed its Motion for 

Summary Decision on the grounds that there are no genuine issues of material fact in 

that: 

The Respondent was convicted of Criminal Sexual Conduct - 

Fourth Degree - Victim Between 13-16 by the State of Michigan 

on July 2 1,2006. Court record of conviction is attached as enclosure 

CG-01 of the Coast Guard's Motion for Summary Decision. 

The Respondent's conviction of Criminal Sexual Conduct -- 

Fourth Degree - Victim Between 13-16 would preclude the issuance 

of his Merchant Mariners License and Merchant Mariners Document. 

Statement from CDR Mark W. Skolnicki, Chief, Coast Guard Regional 

Examination Center Toledo is attached as enclosure CG-02 of the Coast 

Guard's Motion for Summary Decision. 

Therefore, the Coast Guard requests that the Administrative Law Judge 

issue a Summary Decision and Order against the Respondent that imposes 

the order (Revocation) requested on the Compla~nt. 

In support of its Motion, the Coast Guard submitted certified copies of the 

relevant court records. Coast Guard Exhibit i, comprised of 7 pages, shows the record of 
conviction, the imposition of a 180 day jail sentence, (incarceration commencing on 

1013 1/07 but Respondent was released on 2120107), sex offenders' registration, sex 

offender treatment, submission to search of personlresidence/vehicle without a search 

warrant, no contact with victim, and 5 years of supervised probation, among other things. 

The Coast Guard also submitted Exhibit 2, a three page memo from CDR Mark 

W. Skolnicki, USCG, Chief, U.S. Coast Guard Regional Examination Center Toledo, 

Ohio. CDR Skolnicki's memo explains in great detail how the regulations in 46 CFR 

Parts 10 and 12 and the policy found in the Marine Safety, Volume 111 are applied when 

evaluating merchant mariner credential applications which reflect criminal convictions. 

After evaluating the Coast Guard's evidence, counsel for Respondent's well 

reasoned Answer to Motion for Summary Decision, as well as the applicable case law, 

regulations, and statutes, I found, among other things, that the Coast Guard's evidence 

proved by the preponderance of reliable, probative, and substantial evidence that 

Respondent was, in fact, convicted of the crimes alleged in the Complaint which would 

prevent the issuance or renewal of his license and merchant mariner's document absent 

the imposition of appropriate waiting periods (5 to 10 years) and granted Partial 

Summary Decision on February 23,2007. 

However, the matter of an appropriate Sanction was still in dispute. While 46 

CFR 5.61(a) (3) directs the investigating officer to seek ~eiocation when "rape or sexual 

molestation" is found proved, it does not require the Administrative Law Judge to impose 

Revocation. Title 46 U.S.C. 5 7703(2), provides, in pertinent part: A license, certificate of 

registry, or merchant mariner's document issued by the Secretary may be suspended or 

revoked if the holder. . . (2) is convicted of an offense that would prevent the issuance or 
renewal of a license, certificate of registry, or merchant mariner's document . . . ." 

Therefore, I found that the Coast Guard was entitled to Summary Decision only on the 

allegations under 46 U.S.C. $7703(2) and not on the proposed order and that the matter 

of Sanction would be taken up at the hearing set for March 13,2007 in Toledo, Ohio. 

At the hearing, the Coast Guard introduced the two, above-mentioned exhibits 

into evidence as well as the testimony of two witnesses: Mr. William Symington, 

Respondent's probation officer, and CDR Mark W. Skolnicki, USCG. Respondent 

introduced no exhibits and testified in his own behalf. 

After previously finding the allegations in the Complaint proved, and after 

extensive examination, cross-examination, and argument at the hearing, I revoked 

Respondent's license and document and ordered that they be surrendered to the Coast 

Guard Investigating Officer at Marine Safety Unit Toledo, Ohio immediately. 

Respondent's criminal convictions on two counts of Criminal Sexual Conduct, 4th 

Degree (Victim Between 13 -16) demonstrate unacceptable character traits or habits of 

life which disqualify Respondent from holding Coast Guard credentials absent an 

appropriate assessment period. 

WHEREFORE, 
ORDER 

IT IS HEREBY ORDERED that the allegations in the Complaint are found 

PROVED. 

IT IS FURTHER ORDERED that Merchant Mariner's License Number 

1036297 and all other valid licenses, documents, and endorsements issued by the Coast 

Guard to Glen Lee Pahel are REVOKED. 

IT IS FORTHER ORDERED that Respondent, Glenn Lee Pahel, surrender all 

validly issued Coast Guard credentials to LT Michael Reed. at Marine Safety Unit 

r ole do, Ohio immediately. 

PLEASE TAKE NOTICE that service of this Decision on the parties andfor the 

parties' representative(s) serves as notice of appeal rights set forth in 33 CFR 20.1001 - 

20.1004. (Attachment A). 

Done and dated March 16,2007 

New York, NY 

ADMMST~ATIVE LAW JUDGE 

U.S. COAST GUARD 
ATTACHMENT A 

NOTICE OF APPEAL RIGHTS 

33 CFR 20.1001 General. 

(a) Any party may appeal the ALJ's decision by filing a notice of appeal. The 

party shall file the notice with the U. S. Coast Guard Administrative Law 

Judge Docketing Center; Attention: Hearing Docket Clerk; Room 412; 40 S. 

Gay Street; Baltimore, MD 21201-4022. The party shall file the notice 30 

days or less after issuance of the decision, and shall serve a copy of it on the 

other party and each interested person. 

(b) No party may appeal except on the following issues: 

(1) Whether each finding of fact is supported by substantial evidence. 

(2) Whether each conclusion of law accords with applicable law, precedent, 

and public policy. 

(3) Whether the ALJ abused his or her discretion. 

(4) The ALJ's denial of a motion for disqualification. 

(c) No interested person may appeal a summary decision except on the issue that 

no hearing was held or that in the issuance of the decision the ALJ did not 

consider evidence that that person would have presented. 

(d) The appeal must follow the procedural requirements of this subpart. 

33 CFR 20.1002 Records on appeal. 

(a) The record of the proceeding constitutes the record for decision on appeal. 

(b) If the respondent requests a copy of the transcript of the hearing as part of the 

record of ~roceedinz, then. -- 

(1) If ;he heariniwas recorded at Federal expense, the Coast Guard will 

provide the transcript on payment of the fees prescribed in 49 CFR -. 7.45; but, 

(2) If the hearing was recorded by a Federal contractor, the contractor will 

provide the transcript on the tams prescribed in 49 CFR 7.45. 

33 CFR 20.1003 Procedures for appeal. 

(a) Each party appealing the ALJ's decision or ruling shall file an appellate brief 

with the Commandant at the following address: U.S. Coast Guard 

Administrative Law Judge Docketing Center; Attention: Hearing Docket 
Clerk; Room 412; 40 S. Gay Street; Baltimore, MD 21201-4022, and shall 

serve a copy of the brief on every other party. 

(1) The appellate brief must set forth the appellant's specific objections to 

the decision or ruling. The brief must set forth, in detail, the -- 

(i) Basis for the appeal; 

(ii) Reasons supporting the appeal; and 

(iii) Relief requested in the appeal. 

(2) When the appellant relies on material contained in the record, the 

appellate brief must specifically refer to the pertinent parts of the 

record. 

(3) The appellate brief must reach the Docketing Center 60 days or less 

ah service of the AW's decision. UnIess filed within this time, or 

within another time period authorized in writing by the Docketing 

Center, the brief will be untimely. 

@) Any party may file a reply brief with the Docketing Center 35 days or less 

after service of the appellate brief Each such party shall serve a copy on every 

other party. If the party filing the reply brief relies on evidence contained in 

the record for the appeal, that brief must specifically refer to the pertinent 

parts of the record. 

(c) No party may file more than one appellate brief or reply brief, unless -- 

(I) The party has petitioned the Commandant in writing; and 

(2) The Commandant has granted leave to file an added brief, in which event 

the Commandant will allow a reasonable time for the party to file that 

brief. 

(d) The Commandant may accept an amicus curiae brief from any person in an 

appeal of an AW's decision. 

33 CFR 20.1004 Decisions on appeal. 

(a) The Commandant shall review the record on appeal to determine whether the 

ALJ committed error in the proceedings, and whether the Commandant should 

affirm, modify, or reverse the ALJ's decision or should remand the case for 

further proceedings. 

(b) The Commandant shall issue a decision on every appeal in writing and shall 

serve a copy of the decision on each party and interested person. 
i;: 

I"' ', 

.' , , 

ATTACHMENT B 

WITNESS AND EXHIBIT LISTS 

WITNESS LIST 

COAST GUARD'S WITNESSES 

1. Mr. William Symington 

2. CDR Mark W. Skolnicki 

RESPONDENT'S WITNESSES 

1. Glen L. Pahel, Respondent 

EXHIBIT LIST 

COAST GUARD'S EXHIBITS 

CG Ex. 1 - Certified copies of Judgments of Conviction, 7 pages 

CG Ex. 2 - CDR Mark W. Skolnicki memo 16721 of January 5,2007,3 pages 

RESPONDENT'S EXHIBITS 

None 
Certificate of Service 

I hereby certi@ that I have this day served the foregoing Order with Attachments A and B 

via facsimile upon the following parties and limited participants (or designated 

representatives) in this proceeding at the addresses indicated as follows: 

LT Michael Reed 

Marine Safety Unit Toledo 

420 Madison Avenue, Suite 700 

Toledo, OH 43604 

Telephone: (419) 41 8-6030 

Facsimile: (419) 259-6374 

David R. Heyboer, Esq. 

Attorney for Respondent 

Law Offices of Heyboer & Floyd 

51 1 Fort Street, Suite 532 

Port Huron, MI 48060 

Telephone: (8 10) 982-5400 

Facsimile: (810) 982-1 148 

USCG - AW Docketing Center 

40 South Gay Street, Room 412 

Baltimore, MD 21 202-4022 

Telephone: (410) 962-7434 

Facsimile: (410) 962-1 746 

Done and dated March 16,2007 

New York, NY 

Administrative Law Judge 

Telephone: (2 12) 668-2970 

Facsimile: (212) 825-1230