UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

UNITED STATES COAST GUARD 

United States of America 

United States Coast Guard 

. vs 

MERCHANT MARINER'S DOCUMENT 

NO.: 153-68-3354 

ISSUED TO: 

DANIEL J. CREAN 

Respondent 

APPEARANCES: 

LT Michael J. Simbulan, 

For the Coast Guard 

Daniel J. Crean, Pro se 

For the Respondent 

BEFORE: Hon. Parlen L. McKenna 

United States Administrative Law Judge 

DECISION AND ORDER 

Docket No. 99-0446 

P A Case No. P A99002522 

This suspension and revocation proceeding was instituted by the United States 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 Title 46 U.S.C. § 7701-7705 and was 

conducted in accordance with the procedural requirements of Title 46, code ofFederal 

Regulations (CFR) part 5 and Title 33 CFR part 20. 

The hearing in this matter commenced in Honolulu, Hawaii on Monday, March 27, 2000. 

LT Michael J. Simbulan, USCG duly authorized Investigating Officer of Marine Safety Office, 

United States Coast Guard, appeared for and represented the Coast Guard. Respondent appeared 

telephonically. A record of the hearing was made by Powers & Associates, Certified Courtreporting firm. A list of the witnesses who testified and the exhibits entered into evidence are set 

forth in the Attachment A. 

On January 7, 2000, the Coast Guard filed a Complaint pursuant to 46 U.S.C. 7703 and 46 

C.F.R 5.27 charging the Respondent with Misconduct and Violation of Law or Violation as 

follows: 

(1) That the Respondent did, on November 19, 1999 at approximately 2015, while the 
vessel was at sea, \\-. ~Llgfully refuse to perform duties as a firc-Hlan/watertender on the 

2000-2400 watch; 

(2) That the Respondent did, on November 19, 1999, at approximately 2050, while the 

vessel was at sea, wrongfully disobey a lawful command of the Chief Engineer, Chief 

Mate, First Assistant Engineer and the Human Resources Manager to submit to a 

Breath Alcohol Test; 

(3) That the Respondent did, on November 19, 1999, at approximately 2100, while the 

vessel was at sea, wrongfully assault the Chief Mate by threatening to do physical 

harm; 

(1) That the Respondent was, on November 19, 1999, at approximately 2015, while the 

vessel was at sea, wrongfully intoxicated as defined by 33 CFR 95.020©, to wit, the 

Second Engineer observed that Respondent's speech, general appearance, 

inattentiveness and behavior was apparently affected by the consumption of an 

intoxicant, a violation of 33 CFR 95.045. 

Prior to the hearing in this matter, on March 24, 2000, a pre-hearing conference was held 

between the United States Coast Guard, the Respondent, Daniel J. Crean, and the undersigned. 

At the conclusion of the pre-hearing conference, the parties requested that a Settlement 

Agreement be approved by the Administrative Law Judge. The Settlement Agreement provided 

that the Respondent would enter a plea of no contest to each of the charges that have been 

brought against him. The parties agreed that the appropriate sanction would be REVOCATION. 

In exchange, the Coast Guard has agreed that it would not object to any motion filed by the 

Respondent seeking to re-open the record after twenty-four (24) months pursuant to 33 CFR § 

20.904(£). 

WHEREAS, the Respondent has been charged with Negligence and Violation of Law or 

Regulation and has entered a plea of "no contest"; and 

WHEREAS, such plea was accepted after the Respondent was advised of his due process 

rights and knowingly and providently chose not to have a hearing on the merits; and 

WHEREAS, the Respondent has agreed to waive his right to appeal this case and to 

contest the validity of the instant motion and this Order; and 

WHEREAS, the Respondent has no prior record with the Coast Guard; and 

WHEREAS, the Respondent lists his current address as: 115 West Third Avenue, North 

Wildwood, New Jersey 08260; 

WHEREAS, both the Respondent and the United States Coast Guard have agreed to the 

sanction set forth below; it is 

2 
ORDERED, that the Merchant Mariner's Document No.1 53 68 3354 issued to Daniel J. 

Crean, the Respondent herein, and all other valid licenses and/or documents issued to him by the 

United States Coast Guard, or any predecessor authority, now held by him, are hereby 

REVOKED. 

DATED: June 20,2000 

Alameda, California 

Copy: 

MSO Honolulu, HI 

CGD14(m) 

ALJ Docketing Center 

3 

,,~~ s. \~J~·~.w 

Hon. PARLEN L. MCKENNA 

United States Administrative 

Law Judge