UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

UNITED STATES COAST GUARD 

I UNITED STATES OF AMERICA 

I UNITED STATES COAST GUARD / COMPLAINANT, 

License 

No. 796310 

Docket No. 01-0054 

PA No. 01000085 

Before: Archie R. Boggs 

Administrative Law Judge 

PRELlMMARY STATEMENT 

This proceeding is brought pursuant to the authority contained in 5 USC 55 1-559; 46 

USC Chapter 77; 46 CFR Part 5; and 33 CFR Part 20. 

Daniel J. Hotard was served with a Complaint by a U.S. Coast Guard Investigating 

Officer on 26 January 2001. The Complaint alleges statutory authority as 46 USC 7703 and 

regulatory authority as 46 CFR 5.27. 

The factual allegations are as follows: 

"Factual allegations - Misconduct 

(I) The Coast Guard alleges that on December 24, 2000, the Respondent 

wrongfully relinquished control of the vessel Marie M. Morgan with two 

loaded red flag barges to an unlicensed deckhand. 

(2) The Respondent wrongfully deserted the vessel Marie M. Morgan 
The Respondent filed an answer through his attomey on 5 February 2001. He 

admitted the jurisdictional allegations and he denied the factual allegations. He 

requested a hearing. 

A hearing was held in accord with his request on 2 May 2001 at the Marine Safety 

Office. 161 5 Poydras Street, Room 737, New Orleans, LA. 

IJT Scott Johnson presented the ease for the Coast Guard. Carlton J. Cheramle, attorney 

at law, P.O. Box 640, Cutoff, LA, 70345, represented the Respondent. 

In support of the Complaint the Investigating Officer introduced in evidence the 

testimony of; (1) Michael Lombardo, who joined the MN Marie M. Morgan on 22 December 

2000 as master. Also in support of the Complaint the Investigating Oflicer introduced an entry 

from the log book of the Marie M. Morgan. 

Mr. Hotard testified in his own behalf. He also called his father, Stanley Hotard, Sr., 

who is Captain of the MN Jesus Saves. 

FINDmGS OF FACT 

Both the Coast Guard and the Respondent indicated that they desired to submit 

Proposed Findings of Fact and Conclusions of Law. The Coast Guard submitted timely 

Proposed Findings. However, the Respondent submitted a memorandum with no numerical 

Proposed Findings. The Coast Guard's Proposed Findings of Fact and Conclusions of Law are 

Accepted and Adopted, in toto, as the Administrative Law Judge's Findings of Fact 

ACCEPTED 

1. The Respondent, Daniel Hotard, is the holder of U.S. Coast Guard License number 796310. 

ACCEPTED 

2. On December 24, 2000, the Respondent was acting under the authority of his license while 

sening as a pilot aboard the MARIE M. MORGAN. 
ACCEPTED 

3. The Respondent's hitch aboard the MN MARIE M. MORGAN was scheduled to be 

completed December 28, 2000. 

ACCEPTED 

4. On December 24,2000, the MARIE M. MORGAN was pushing two tankbarges, RCT 8 

and RCT 103, eastbound on the Intercoastal (sic) Waterway between Morgan City and 

New Orleans, LA. 

ACCEPTED 

5. The tankbarges RCT 8 and RCT 103 were loaded with 21,000 bbls of lube oil. 

ACCEPTED 

6. The Respondent and the MARIE M. MORGAN's Relief Captain, Michael Lombardo, were 

alternating six-hour watches with the Respondent serving the 12-6 watches, and Captain 

Lombardo serving the 6-12 watches. 

ACCEPTED 

7. At approximately 1200 on December 24,2000, the Respondent relieved Captain Lombardo 

in the MARIE M. MORGAN's wheelhouse. 

ACCEPTED 

8. At approximately 1500, the Respondent left the MARIE M. MORGAN, which was 

underway and making way, under the direction and control of an unlicensed deckhand 

while he went below to wake up Captain Lombardo and inform him that he was departing 

the MARIE M. MORGAN. 

ACCEPTED 

9. At approximately 1545, the Respondent, together with one of the MARIE M. MORGAN's 

deckhands, deserted the MARIE M. MORGAN by boarding the tug JESUS SAVES. 

ACCEPTED 

10. Captain Lombardo, who already stood the 0600-1200 watch on December 24,2000, was 

forced to remain on watch an additional 8% hours, from 1500-2330, due to the Respondents 

desertion of the MARIE M. MORGAN. 
CONCLUSIONS OF LAE 

ACCEPTED 

The testimony of both Captain Lombardo and the Respondent established that the MARIE M. 

MORGAN was underway and making way when the Respondent was down below decks in the 

process of waking up and talking to Captain Lombardo. This is a direct violation of 46 CFR 

15.610 which states that "every uninspected towing vessel which is at least 26 feet in length 

measured from end to end over the deck (excluding sheer) must be under the direction and 

control of an individual licensed by the Coast Guard." The MARIE M MORGAN is 56.4 feet 

in length and 98 gross tons. This violation is exacerbated by the fact that the MARIE M. 

MORGAN was pushing two red-flag barges loaded with lube oil. 

ACCEPTED 

Both Captain Lombardo and the Respondent testified that the Respondent's hitch aboard the 

MARIE M. MORGAN did not end until Thursday, Deceniber 28,2000. Though the 

Respondent testified that he was dissatisfied with his job aboard the MARIE M. MORGAN as 

early as December 20,2000, he did not depart the vessel when it was safely moored at a fuel 

dock on December 23 (sic), 2000. Nor did he wait until the vessel anived in Larose, LA where 

it could have been safely moored. Instead, the Respondent chose to desert the vessel while 

underway and in the middle of his scheduled watch. This was not only a dangerous operation 

but it forced Captain Lombardo to stand watch three hours earlier than his normally scheduled 

time with less sleep than normal. As a result of the Respondent's desertion, Captain Lombardo 

uias also placed in a predicament in which he had to exceed the work hour limitations in 46 

USC 8 104. Furthermore, as a result of the Respondent's desertion, the MARIE M. MORGAN 

was without her full complement of licensed operators until late afternoon on December 25, 

2000, when the company was finally able to procure a replacement operator. 

ACCEPTED 

When on watch, Coast Guard licensed officers are charged with the safety of the vessel and its 

crew. On December 24,2000, the Respondent demonstrated several acts of irresponsibility, 

which ultimately put the vessel and crew at an unnecessary risk. For his wrongful actions the 

government recommends that Respondent's license be suspended outright for six months. 

There is no doubt that Mr. Hotard deserted the MiV Marie M. Morgan when he left that 

vessel on 24 December 2000. His method of departure -jumping on another vessel when both 

vessels were underway in the Intracoastai Waterway - was not only unique but also dangerous. 
In his treatise on "The Law of Seamen," Volume I, Third Edition, Martin J. Noms 

defines desertion as follows: 

"Desertion Defined. - Desertion is the abandonment of duty by a seaman by 

quitting the ship before the end of the engagement without consent, without 

justification and with the intention of not retuming to the ship's service. 

Congress is enacting penalties for desertion in Title 46 USC 70 1: has 

characterized that action without defining it. The concept of desertion and 

what constitutes this action therefore has come down to us from the generla 

maritime law. In Cloutman v Tunison, Judge Story defined desertion as 

follows: 

'Desertion, in the sense of the maritime law, is a quitting of the ship and her 

service, not only without leave, and against the duty of the party, but with an 

intent not again to return to the ship's duty.' 

Another definition of desertion contained in The City of Nonvich, is as 

follows: 

'Desertion consists in the abandonment of duty by quitting the ship before the 

termination of the engagement, without justification, and with the intention of 

not returning.' 

It should be noted that the Act of desertion is as equally applicable to the 

officers of the ship as to the unlicensed personnel." 

Mr. Nonis also addresses "Deserting from Harbor Craft," which could be equated to 

desertion from a towing vessel, as follows: 

"Deserting from Harbor Craft - the act of desertion can take place when seamen 

serve on harbor boats just as well as on deep sea vessels. Harbor Craft do not 

sign their men on articles for a particular voyage, but rat her engage them by all 

oral or written agreements for wages on a monthly basis. A seamen, who before 

the expiration of the month leaves the vessel without consent, without 

justification, and with the intention of not retuming to the ship's service is a 

deserter." 
CONCLUSIONS OF LAW 

The Complaint, which alleges that (1) the Respondent wrotigfully relinquished control 

of the MIV Marie M. Morgan on 24 December 2000 to an unlicensed deckhand and (2) he 

wrongfully deserted the MN Marie M. Morgan is proved. 

In accord with the Investigating Officer's recommendation the following is issued: 

ORDER 

That your License No. 7963 10 and all other valid licenses, docutnents, or certificates of 

senrice issued to you by the United States Coast Guard, or any predecessor authority, now held 

by you, be and the same, are hereby suspended outright, effective as of the date on which you 

deposit your license with the Coast Guard. The said outright suspension shall remain in effect 

for six (6) months. You are hereby ordered to forthwith deliver and surrender your license to 

the United States Coast Guard Marine Safety Office, 1615 Poydras Street, Room 737, New 

Orleans, LA, 

The rules governing appeals are attached hereto. 

- 

ARCHIE R. BOGGS 

ADMINISTRATIVE LAW JUDGE 

Dated: A July 2001 

New Orleans, Louisiana 
The Complaint, which alleges that (I) the Respondent wrongfully relinquished control 

of the WV Marie M. Morgan on 24 December 2000 to an unlicensed deckhand and (2) he 

wrongfully deserted the MN Marie M. Morgan is proved. 

In accord with the Investigating Officer's recommendation the following is isstled: 

ORDER 

That your License No. 7963 10 and all other valid licenses, docunlents, or certificates of 

service issued to you by the United States Coast Guard, or any predecessor authority, now held 

by you, be and the same, are hereby suspended outright, effective as of the date on which you 

deposit your license with the Coast Guard. The said outright suspension shall remain in effect 

for six (6) months. You are hereby ordered to forthwith deliver and surrender your license to 

the United States Coast Guard Marine Safety Office, 161 5 Poydras Street, Room 737, New 

Orleans, LA. 

The rules governing appeals are attached hereto. 

ARCHIE R. BOGGS 

ADMINISTRATIVE LAW JUDGE 

Dated: July 2001 

New Orleans, Louisiana