UNITED STATES OP AMERICA

U.S. DEPARTMENT OF HOMELAND SECURITY

UNITED STATES COAST GUARD

UNITED STATES COAST GUARI)

Complainant

VS

LAWRENCE JOSEPH MATTHEWS

Respondent

Docket Number 2023 -0123

Enforcement Activity No. 7651425

DEFAULT ORDER

Issued: July 11.2023

By Administrative Law Judge: Honorable George J. Jordan

Appearances:

Wesley Johnson, CWO

Marine Safety Unit Houma

For the Coast Guard

1

Lawrence Joseph Matthews, Pro se

For the Respondent
ORDERGRANTINC COAST GUARD'S MOTION FOR DEFAULT ORDER

On March 23,2023, the United States Coast Guard (Coast Guard) issued a Complaint

against Lawrence Joseph Matthews (Respondent) seeking to revoke his Merchant Mariner

Credential (MMC) for use of, or addiction to the use of dangerous drugs pursuant to 46 U.S.C

S7704(b) and 46 C.F.R. 5.35. Specifically, the Coast Guard alleges that on March 31,2022,the

Respondent took a required pre-employment drug test in accordance with Civilian Marine

Personnel Instruction 792 (CMP[792), pursuant to Executive Order 12564, and Public Law 100-

7l (PL 100-71). A urine specimen was collected tiom Respondent by Celeste Cuneo ol

Complete Occupational Health Services, LLC, Louisiana in accordance with the Department of

Health and Human Services (DHHS) Mandatory Guidelines for Federal Workplace Drug Testing

Programs. Respondent signed a Federal Workplace Drug Testing Custody and Control Form for

providing specimen lD # 207052237 2. Urine specimen ID # 2070522372 was received and

analyzed pursuanl to Mandatory Guidelines for Federal Workplace Drug Testing Programs by

Clinical Reierence Laboratory, Lenexa, Kansas, a SAMHSA certified laboratory. On March 27,

2022, urine specimen ID # 207052237 2 tested positive for Marijuana (THCA) metabolites as

reported by Forensic Toxicology Drug Testing Laboratory (FTDTL). On March 29, 2022.Dr.

Philip Lopez, the Medical Review Officer determined that Respondent failed a chemical test for

dangerous drugs. Respondent has been the user of a dangerous drug as described by 46 U.S.C. $

7704(b).

The Coast Guard filed its Retum of Service for Complaint on April 27,2023, indicating it

served a copy ofsaid Complaint to Respondent's residence by express courier service. The

Respondent signed for the document on April 7,2023. As set forth in the Complaint,

2
Respondent's Answer is due within 20 days ofreceipt in accordance with 33 C.F.R. $ 20.308(a).

Respondent's Answer was due no later than Apri|27,2023.

To date, Respondent has neither filed an Answer nor requested an extension of time to

file an Answer; therefore, the Coast Guard filed its Motion for Default Order (Default Motion)

on May 8,2023, requesting the Administrative Law Judge (ALJ) issue a Detault Order against

Respondent imposing the sanction ofrevocation against Respondent's MMC The Coast Guard

subsequently filed a Retum of Service for the Default Motion indicating it served a copy of said

Default Motion to Respondent at his residence by express courier service, the document was

delivered to Respondent's residence where the Respondent signed for the document on April 7,

2023.

Title 33 C.F.R. $ 20.310(b) provides "the respondent alleged to be in delault shall flle a

reply to the motion 20 days or less after service ofthe motion." Respondent's reply was due no

later than May 30, 2023t. To date, Respondent has not filed his reply.

On June 20,2023, the ALJ Docketing Center assigned this matter to me for review and

adjudication. I have carefully reviewed this file, and find that the applicable provisions of 33

C.F.R. $$ 20.310 and 20.304(d) and (h) have been complied with. and Respondent is in

DEFAULT. Under 33 C.F.R. $ 20.310(c), a default constitutes an admission of all facts alleged

in the Complaint and a waiver ofRespondent's right to a hearing.

I The actual due date was May 28,2023, which fell on a Sunday. The next day. May 29,2023. fell on a federal

holiday. Thus, the next business day was Tuesday, May 30.2023. 33 C.F.R. $ 20.306(a)(2).

3
Accordingly, I find the violations alleged in the Complaint are PROVED. I have

carefully reviewed the Complaint and the Default Motion and further find the proposed sanction

ofrevocation is appropriate under the provisions of46 C.F.R. $ 5.569.

4
SANCTION

IT IS HEREBY ORDERED that Respondent Lawrence Joseph Matthews' Merchant

Mariner Credential is REVOKED.

IT IS FURTHER ORDERED that Respondent immediately surrender his MMC to the

Investigating Officer at the United States Coast Guard, Marine Safety Unit Houma, 423

Lalayette Street, Suite I14, Houma, LA 70360-4805. If Respondent knowingly continues to use

his MMC. he may be subject to criminal prosecution.

PLEASE TAKE NOTICE that under 33 C.F.R. $ 20.310(e). for good cause shown, an

Administrative Law Judge may set aside this finding of Default. Respondent may file a motion

to set aside the linding with the ALJ Docketing Center, Baltimore, MD.

PLEASE TAKE FURTHER NOTICE that service of this Order upon Respondent

serves to notify Respondent of his right to appeal as set forth in 33 C.F.R. $$ 20.1001 20.1004

(Attachment A).

Done and dated July 14,2023.

Seattle, Washington

George J. Jordan

Administrative Law Judge

United States Coast Guard

5