ALJ NOLA 

MAR. 6.21211213 12:24PM 

UNITED STATES OF AMERICA 

U.S. DEPARTMENT OF TRANSPORTATION 

UNITED STATES COAST GUARD 

UNITED STATES COAST GUARD 

Complainant 

vs. 

TERRYANTHONYBOUDREAUX 

Respondent. 

Docket Number CO S&R 02-0488 

CG Case No. PA740478 

DEClSION AND ORDER 

Issued by: Archie R. Boggs, Administrative Law Judg~ 

PRELIM1NARY STATEMENT 

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This proceedmg is brought pursuant to the authority contained in 46 USC 7703 and 

7704 and 46 Code of Federal Regulations 5.35 and 5.27. 

TERRY ANTHONY BOUDREAUX was served with a Complaint dated 2 August 

2002 which was issued by U.S. Coast Guard Investigating Officer T. H. Brown of the Marine 

Safety Office Morgan City, LA. 

The jurisdictional allegations are that Mr. Boudreaux holds Coast Guard license No. 

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842505 and merchant mariner's document No. 437 31 3070 and the factual allegations are "Use 

of or Addiction to the Use of Dangerous Drugs>> and "Misconduct., 

Under "Use of or Addiction to the Use of Dangerous Drugs~, the Coast Guard alleged 

that on 26 July 2001 the Respondent was "convicted of possession of(a) controlled substance 

in the Cameron Parish Court, LA.'' 

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M8R. 6.2003 12:24PM 8LJ NOL8 N0.092 P.Z/6 

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Under "Misconduct" the Coast Guard alleged that the Respondent on 5 December 2001, 

"while acting as master on board the MN Miss Caroline, ON606S29, tested positive in a 

reasonable suspicion alcohol test." 

Mr. Boudreaux filed an Answer in which (1) he admitted the jurisdictional allegations 

and (2) denied the factual allegations as follows: "I have never used or been addicted to drugs. 

1 have never failed a drug test." 

The Respondent requested a hearing, which was held at Morgan City on 6 November 

2002. 

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

testimony of three witnesses: (1) John Denis Ordonne, operations manager for Abon Callais 

Offshore, Golden Meadow, LA; (2) Craig M.Hendrix, breatholizer technician, for Lafourche 

Services, Inc., Golden Meadow; and (3) Terry Anthony Danos, breatholizer technician. 

Lafourche Services, Inc., Golden Meadow 

The factual allegations of"Misconduct'' are that the Respondent "on 5 December 2001 

while acting as master on board the MN Miss Caroline, ON606529, tested positive in a 

reasonable suspicion alcohol test." 

:Mr. Boudreaux filed an answer in which ( 1) he admitted the jurisdictional allegations 

and (2) denied the factual allegations as follows: "! have never used or been addicted to drugs. 

I have never failed a drug testY 

Mr. Boudreaux was specifically told that there were only two possible results of the 

hearing ~ ( 1) if the Complaint should be found proved his license would be revoked, and (2) if 

the Complaint should be foupd not proved the matter would be dismissed. 

Mr. Boudreaux was fully advised ofhis right to be represented by professional counsel. 

He elected to represent himself. 

Mr. Boudreaux denied the allegations of the Complaint. 

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MRR. 6.2003 12=24PM RLJ NOLR N0.092 

In addition to the testimony of the aforesaid witnesses the Investigating Officer 

introduced five (5) exhibits. 

I.O. Exhibit No. 1 -a copy of the minutes of the 38th Judicial District Court, 

Cameron Parish, LA which indicates that Mr. Boudreaux was convicted of 

possession of marijuana on 26 July 2001. 

1.0. Exhibit No. 2- a copy of the minutes of the 38th Judicial District Court, 

Cameron Parish, LA which indicates that Mr. Boudreaux was convicted for 

possession of marijuana on 30 October 2001. 

1.0. Exhibit No.3- a Certificate of Training which was issued to Craig 

Hendrix showing that he completed a required course for breatholizer 

technician. · 

1.0. Exhibit No. 4- a completed Department of Transportation alcohol testing 

form which shows that Terry Boudreaux. tested 0.151% BAC at 2335 on 5 

December 2001; and 0.126 BAC, at 2354 on 5 December 2001. 

1.0, Exhibit No. 5 -a copy of a Certificate of Training which was issued to 

Terry A. Danos on August 24, 2001. 

Mr. Boudreaux testified under oath in his own defense. He did not deny that 

he failed the breatholizer test and he admitted that he was "caught with marijuana.~' 

ULTIMATE FINDINGS 

1. Terry A. Boudreaux being the holder of the captioned license No. 842505 and 

merchant mariner's document No. 437 31 3070 was convicted of possession of 

marijuana on 26 Ju1y 2001 in the 38th Judicial Court) Cameron Parish~ LA. 

2. On 30 October 2001, in the same Court, he was again convicted for possession 

of marijuana. 

CONCLUSIONS 

The Respond~t and the subject matter of this hearing are within the 

.. jurisdiction vested in the U.S. Coast Guard under the provisions of 46 USC section 

7704. 

The juris~ictionaJ and factual allegations are proved . 

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P.3/6 

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M8R. 6.2003 12=24PM 8LJ NOL8 

OPJNION 

46 USC 7704 (b) provides as follows: 

"If it is shown at a hearing that a holder of a license, certificate of 

registry, or merchant mariner's document issued under this part, 

within 1 0 years, before the beginning of the proceedings, has been 

convicted of violating a dangerous drug law of the United States or 

of a State, the license, certificate, or document shall be revoked." 

ORDER 

N0.092 

That license No. 842505 and merchant mariner's document No. 437 31 3070 and all 

other licenses, merchant mariner's documents, and certificates of service, issued to you by the 

U.S. Coast Guard, or any predecessor authority, now held by you, be and the same are hereby 

Revoked. 

The rules governing appeals are attached hereto. 

Dated: ~March 2003 

New Orleans, Louisiana 

ARCHIE R. BOGGS 

ADMINISTRATIVE LAW JUDGE 

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