UNITED STATES OF AMERICA 

U.S. DEPARTMENT OF HQMELCIND SECURITY 

UNITED SWES COAST GUARD 

UNITED STATES COAST GUARD 

Compla~nnnc 

VS. 

LEYRONN K. BROWN 

Respondent. 

Dockct Numbcr: CG S&R 07-0358 

CG 0% No. 2763392 

QRDER OF REVOCATION 

Issued: November 6.2007 

Issued by: Michel .I. Revine. Administrative Law lud& 

This Order is issued in accordance with 33 CFR 20.902(c), which authorizes the issuance 

of an initial oral decision. The United States Coast Guard initiated this adminisirativc action 

seeking revocation of the Merchant Mariner's Document issued to Leyronn K. Brown, the 

respondent in [his case. The amended Complaint dated August 22, 2007 alleges that 

Respondent, a hotolder of Coast Guard issued credentials, violated 46 U.S.C. 7704(c) and 46 CFR 

5.35 by iesling positive far Marijuana Metabolites foliowing a pre-employment drug test 

conCi.i~tCd on May 24, 2006. The Coarplaint further states thai the test %YES collected by Ricardo 
Garcia of Xawmte, analyzed by Medtox Laboratories, and subsequently verified positive for 

Marijuana Metabolites by Dr. Hani J., Khella, a Medical Review Officer." 

Or, fihupst 17 and 29,2007, Respondent filed an Answer in which he admitted to the 

jurisdictianai allegations but denied parawh 5 of the factual allegations in Amended 

r;3orn~i7iaint concerning the positive test for Marijuana. More specifically, Respondent denies use 

of drugs and states that an error either occurred at Nowcare or the laboratory with respect to the 

dmg test. Respondent raises two defenses: (1) the social security number contained on the 

Federa: Custody and Control Form (CCF) is incorrect and (2) be never spoke with Dr. Khcila. 

An evidentiary hearing was held in Norfolk, Virginia on November 67 2007. The hearing 

was conducted in acCo~dancX. with Administrative Procedure Act, amended and codified at 5 

L".S,C. 551-54, Coast Guard Administrative Procedure statute codified at 46 U.S.C. 7702, and 

the ;~rocedurd regulations codified at. 33 CFR Part 20. 

At the hearing, Lt(jg) Kenneth Robert Scott and Ens. Byron Rios entered an appearance 

on behaif of the Coasl Guard. Respondent also appeared at the hearing pro se, without the 

assistance of professional legal counsel. 

After opening statements by both sides, the Coast Guard presented lhe sworn testimony 

of fcur ~k3e~~e.5, including the Respondent and submitted seven exhibits inlo evidence, wl~ich 

were admitted into evidence, Respondent also testified on his own behalf at the hearing, but did 

not cffer any exhibits into evidence. The witness and exhibit list are contained in Attachment A. 

At the conclusion of the bearing, an oral decision. was rendered finding the jurisdiGtiorlsl 

and facrud alicgations proved. An order of revocation was issued. The findings of fact and 

ro-iciusicms of law may be summarized as follows: 

" *> 

i ,ie xipa' wnipihini was executed and sewed on Respondeni im or abaut .filly 24,2007 
FTNRINGS OF FACT AND CONCLUSIONS OF WW 

I.. Respondent Leyronn K. Brown and the subject matter of this proceeding is within 

llre jurisdiction of the Coast Guard vested under the authority of 46 U.S.C. Chapter 

77. 

2, On May 24,2006, Respondent submitted to a pre-employment dmp test. The 

Respondent provided a urine specimen that was collected, tested initially and 

confirmatory as positive for Marijuana, a dangerous drug. The positive test result 

was subsequently verified in accordance with 49 CFR Part 40. 

3. Although Respondent's Social Security Number was incorrectly recorded on the 

CCF, that enor did not invalidate the collection, custody. or testing of Respondent's 

urine specimen. 

4. There is no iegitirnate medical explanation for the positive test result for Mari.juana 

MetaboIiles, and Respondent failed to provide sufficient evidence to rebut the 

presumption that he is a user of dangerous drugs that arises under 46 CFR 16.201. 

5. The Coast Guard has proved by a preponderance of reliable and credible evidence 

rltat Respondent is a user of dangerous drugs under 46 U.S.C. 77041~) and the 

underlying regulations. 

WHEREFORE, 
IT IS HEREBY ORDERED THAT the Merchant Mariner's Document and all other 

Coat Guard licenses, certificales and documents issued to Respondent Legronn K. Brown are 

mVOED, 

PLEASE TAKE NOTICE that, within three (3) years or less, Mr. Brown may file a 

moiion to reopen this matter and seek modification of the order of revocation upon a showing 

that the order of revocation is na longer valid and the issuance of a new license, certificate, or 

rloc:imcrt rs compatible with the requirement of good discipline and safcty at sea. The 

revscatior~ order may be modified upon a showing that the individual: 

(2) Has succes~fully completed a bona fide drug abuse rehabilitation program; 

(2) Has demonstrated complete non-association with dangerous drugs for a minimum of 

one year foflou~ing completion of the drug rehabilitation program; and 

(3) is ecrively participating in a bona fide drug abuse monitoring program. 

- See veneraib 33 CFR 20.904) 46 CFR 5.901. The drug abuse monitoring program must 

irrsorpcrate random, unannounced testing during that year. A~wal Decision 2535 (SWEENEY'! 

PLEASE TAKE FURTHER NOTICE that Service of this Order on you serves as 

cotice of your right lo appeal as set forth in 33 C.F.R. 5 20.1001 -1003. (Attachment B). 

Doce and dated November 6,2007 

Norfolk. VA 

Administrd&& Law Jssdge