UNITED STATES OF AMERICA

DEPARTMENT OF HOMELAND SECURITY

UNITED STATES COAST GUARJ)

UNITED STATES COAST GUARD,

Complainant,

VS.

SHAWNWEST,

Respondent.

Docket Number 2023 -0034

Enforcement Activity No. '1629305

DEFAULT ORDER

Issued: April 17,2023

Bv Administrative Law Judge: Honorable Timothy G. Stucve

ApPearances:

CWO Keith Watters

USCG MSD LafaYette

For the Coast Guard

Shawn West' Pro se

For ResPondent
Background

On February 9, 2023, the Coast Guard filed a Complaint against Shawn West

(Respondent) alleging one count ofuse of, or addiction to the use ofdangerous drugs. The

Retum of Service for Complaint filed by the Coast Guard indicates the Complaint was delivered

to Respondent's residence by Express Courier Service and signed for by a person ofsuitable age

and discretion residing at the residence on February 7, 2023 (Attachment A).

On March 6, 2023, the Coast Guard filed a Motion for Default Order (Motion),

explaining Respondent failed to file an Answer, and the response time has passed. See 33 C.F.R.

$ 20.308. The Retum of Service for Motion for Default states the Motion was delivered to

Respondent's residence by Express Courier Service and signed for by a person of suitable age

and discretion residing at the residence on March 6, 2023 (Attachment B). The Chief

Administrative Law Judge assigned the matter to me on April 11,2023.

Discussion

The applicable regulations require a respondent to "file a written answer to the complaint

20 days or less after service of the complaint." 33 C.F.R. $ 20.308(a). An administrative law

judge (ALJ) may find a respondent in default "upon failure to file a timely answer to the

complaint or, after motiory upon failure to appear at a conference or hearing without good cause

shown." 33 C.F.R. S 20.3 l0(a). Default constitutes an admission of all facts alleged in a

complaint and a waiver ofrespondent's right to a hearing on those facts. 33 C.F.R. $ 20.310(c).

The Complaint filed by the Coast Guard and properly served on Respondent contained

instructions that clearly stated *You MUST RESPOND TO THIS COMPLAINT WITHIN 20

DAYS" and provided the applicable regulatory provision, 33 C.F.R. $ 20.308. The instructions
also informed Respondent an extension of time could be requested "within 20 days" ofreceipt.

Respondent failed to respond to the Complaint or the Motion for Default Order.

Accordingly, I find Respondent in default pursuant to 33 C.F.R. $ 20.3 l0(a). Default

constitutes an admission of all facts alleged in the Complaint and a waiver ofthe right to a

hearing. 33 C.F.R. S 20.310(c). See Appeal Decision 2682 (REEVES) (2008).

As to the charge ofuse of, or addiction to the use ofdangerous drugs, the Complaint

alleges on December 29, 2022, Respondent took a required random drug test pursuant to 46

C.F.R. Part 16, and tested positive for Cocaine Metabolite. See 46 U.S.C. $ 7704(b).

The factual allegations in the pleadings are legally suflicient to find the charge ofuse of,

or addiction to the use of dangerous drugs PROVED. Id.

I find the facts alleged in the Complaint suffrcient to warrant the suggested sanction of

REVOCATION. See 46 C.F.R. $ 5.569.

WHEREFORE,

ORDER

Upon consideration ofthe record, I find Respondent in DEFAULT.

IT IS HEREBY ORDERED, in accordance with 33 C.F.R. $ 20.310, I find the

allegations set forth in the Complaint PROVED.

IT IS FURTHER ORDERED, all of Respondent's Coast Guard issued credentials,

including Respondent's Merchant Mariner Credential (MMC), are REVOKED.

IT IS FURTHER ORDERED, Respondent shall immediately deliver all Coast Guard

issued credentials, licenses, certificates, or documents, including the MMC, by mail, courier

service, or in person to: USCG MSD Lafayette, 315 S. College Road, Suite 195, Lafayette, LA
70503. In accordance with l8 II.S.C. g 2197, ifRespondent knowingly continues to use the

Coast Guard issued MMC, Respondent may be subject to criminal prosecution,

IT IS FURTHER ORDERED, to C.F. 20 or c

an mav set aside a lng of default A motion to set aside a finding of default may

be filed with the ALJ Docketing center in Baltimore. The motion may be sent to the U.S. coast

Guard Administrative Law Judge Docketing Center; Attention: Hearing Docket Clerk; Room

412; 40 S. Gay Street; Baltimore, MD 21201-4022.

PLEASE TAKE NOTICE, service of this Default Order on the parties serves as notice

ofappeal rights set forth in 33 C.F.R. $ 20.1001-20.1004 (Attachment C).

SO ORDERED.

Timothy G. Stueve

Administrative Law Judge

U.S. Coast Guard

Done and dated April 17 ,2023, at

Alameda, Califomia