UNITED STATES OF AMERICA 

U.S. DEPARTMENT OF TRANSPORTATION 

UNITED STATES COAST GUARD 

UNITED STATES OF AMERICA, 

UNITED STATES COAST GUARD, 

vs. 

Merchant Mariner's Document 

No. 347-46-9407 

Issued to: 

John W. POWELL, 

) 

) DECISION AND ORDER 

) 

) 

) ALJ DOCKET NO. 08-074-TEM-98 

) And CG S&R 99-0345 

) 

) MSO CASE NO. 16722/035/HOU/98 

) And PA99001939 16722/104/HOU/99 

) Houston, TX 

) 

) 

___________ R_e_s~p~o_n __ d_e_n_t_. ____________ ) 

On 23 July 1998, the undersigned Judge issued a Decision & 

Order (Consent Agreement), incorporating as Enclosure 1 the 

"Notice of Hearing and Charge Sheet" and as Enclosure 2 the 

"Joint Motion of Settlement and Request for Entry of Consent 

Order." The undersigned Judge found the charge of "Use of 

Dangerous Drugs" and its supporting specification proved, 

accepted Respondent's plea of "no contest," and ordered 

Respondent to successfully complete an initial bona fide drug 

rehabilitation program. 

Upon completion, Respondent was to enter into an aftercare 

program which would include continuing treatment measures 

recommended by the Respondent's rehabilitation counselor; a 

minimum of twelve (12) random drug screens conducted over a 

twelve (12) month period; and a report by the Respondent's 

Medical Review Officer (MRO) saying whether Respondent is a 

Decision & Order - 1 
sufficiently "low risk" to return to drug use, in accordance 

with 46 CFR 16.370(d). Respondent was to mail or fax documents 

and/or reports of his drug rehabilitation completion to the MRO, 

the Chief of the Investigations Branch of the Marine Safety 

Office and to the Administrative Law Judge by or before 

08 June 1999. 

Following that, on 13 September 1999, the Investigating 

Officer, Paul W. Turner, filed a "Motion to Show Cause" why the 

"Order of Revocation" should not remain in effect since the 

Respondent failed to file proper documents with the 

Investigating Officers nor with the Judge's Office. 

Following that, Respondent called the Judge's Office 

stating that he did so at the suggestion of the Investigating 

Officer and requested an extension until 30 October 1999. He 

advised that he did all but one test of the procedures and then 

he will get the MRO's report by or before 30 October 1999 and 

file his documents by or before that date. This extension was 

granted until 30 October 1999 by the Judge. 

Respondent failed to get his documents in by the initial 

date in June of 1999 and again by 30 October 1999. In the 

meantime, the U.S. Coast Guard Investigating Officer, Paul W. 

Turner, Lieutenant (Junior Grade), of the Marine Safety Office 

Houston-Galveston filed a three (3) page "Complaint" dated 

30 September 1999 and served it upon the captioned Respondent 

which alleged the following: the jurisdiction allegations were 

Decision & Order - 2 
that the captioned Respondent giving his address and stating 

that he was the holder of the following Coast Guard issued 

credentials Merchant Mariner's Document (MMD) Number 

347-46-9407. Respondent acted under the authority of that 

document on 13 September 1999, by serving as Tankerman aboard 

the vessel NMS 1443 as required by law or regulation. 

In addition, the Coast Guard listed the following factual 

allegations-violation of law or regulation: 

(1) the Coast Guard alleges that on 13 September 1999 at 

the T/B NMS 1443 the Respondent: 

(2) violated Title 18 United States Code 2197 by 

unlawfully using his Merchant Mariner's Document. 

(3) The Respondent signed an affidavit of circumstances of 

loss of license or Merchant Mariner's Document (MMD) 

dated 08 June 1998. On the affidavit, the Respondent 

claimed to have lost his MMD. The Respondent signed 

this affidavit in which he agreed to immediately 

return his MMD to the U.S. Coast Guard if it was ever 

found or recovered. 

(4) This law is intended to promote marine safety or 

protect navigable waters. The Coast Guard proposed 

order was one of revocation of Respondent's MMD. 

Respondent signed and filed his formal "Answer" to this 

three (3) page "Complaint" by a docllment dated 09 November l999, 

in which he stated that he admits all jurisdictional 

Decision & Order - 3 
allegations, and Respondent admits all factual allegations. 

Respondent just wished to be heard on the proposed order. A 

"Notice of Hearing" was set for 15 December 1999 at 9:00 a.m. at 

the hearing room in the port of Houston, Texas in which the 

Respondent appeared before the undersigned Judge. 

After being advised of his rights to an attorney and his 

other rights at the service of the first "Notice of Hearing" in 

the first case and again with the service of the "Complaint" in 

the second case, Respondent chose to be represented pro se at 

the hearing on 15 December 1999. At that same hearing, the U.S. 

Coast Guard was represented by Investigating Officer Paul 

William Turner, Lieutenant (Junior Grade), and Kimberly 

Wheatley, Ensign, both stationed at the Marine Safety Office on 

Clinton Drive in Houston, Texas. 

Respondent was given initially approximately twelve (12) 

months to file by or before 08 June 1999, the MRO's 

certification that he was a "low risk" to return to drug use. 

Respondent had not filed it by then nor by 30 October 1999 nor 

by the hearing date of 15 December 1999. On 15 December 1999, 

the Respondent stated that he would file by fax the next day, by 

him or his drug counselor, and some documents were received the 

next day after the hearing on 16 December 1999 which are deemed 

Respondent's Exhibit 1. They only include a report from his 

drug counselor. In addition to the report to the MRO by the 

drug counselor for the Respondent, there are numerous past drug 

Decision & Order - 4 
tests. However, there is no certification from the MRO that the 

Respondent is found to be a "low risk" by this MRO. Thus the 

Respondent failed to file such a document by the initial date it 

was due, 08 June 1999. Then when he was given an extension to 

30 October 1999, he still did not file it and by 16 December 

1999, it still was not filed. 

Accordingly, it is: 

ORDERED that the prior stay of revocation is lifted and 

that an Order of Revocation dated 23 July 1998, be, and the same 

is, given retroactive effect to that date. 

This Revocation Order includes all other valid U.S. Coast 

Guard licenses and/or U.S. Merchant Mariner's documents and 

duplicates issued to Respondent by U.S. Coast Guard and now 

possessed by the captioned Respondent which have not expired. 

This Revocation Order applies to both captioned cases. 

Respondent shall be and hereby is advised of his right to 

appeal from this Revocation Order. Such appeal will not be 

accepted unless it is filed within thirty (30) days after the 

effective date of this Order, the date it is served upon 

Respondent. [Note: If there is an appeal in this matter, that 

Notice of Appeal must be filed with the undersigned, Room 370, 

8876 Gulf Freeway, Houston, TX 77017-6542, in accordance with 

46 CFR Subpart J, Sec. 5.701-5.715.] The rules governing the 

appeal or petition for modification in this matter are governed 

by 46 CFR Subpart H, 5.577, the rules governing Reopening of 

Decision & Order - 5 
Hearing are set forth in 46 CFR Subpart I, Sections 5.601-607, 

Commandant's Review Authority is set forth in 46 CFR Subpart K, 

5.801-5.807. See also Appeal Decision 2536 (Jacque) and VCDR 18 

(Clay) . Those sections pertaining to appeal are incorporated by 

reference and made a part of these proceedings (enclosed). 

The procedures following are known as the U.S. Coast 

Guard's "Administrative Clemency Program." These may require 

three (3) or more years. Procedures are provided by which a 

person, or Respondent, whose U.S. Merchant Mariner's license 

and/or document have been revoked and surrendered, may apply to 

any Commanding Officer of a Marine Safety Office of the U.S. 

Coast Guard, after an applicable waiting period, for the 

issuance of a new license or document. These rules and 

conditions are found in 46 CFR Subpart L (4£ CFR §§ 5.901, 5.903 

and 5.905) entitled "Issuance of New Licenses, Certificates or 

Documents After Revocation or Surrender." 

The Respondent's MMD, Investigating Officer's Exhibit 3, 

will be returned to the Commanding Officer of the Marine Safety 

Office for the ports of Houston and Galveston, Captain Wayne 

Gusman, to the attention of the Senior Investigating Officer. 

This particular document already expired on the 05 October 1999. 

It shows the Respondent's date of birth as 10/22/1953 with 

----·-·-·-· -·----·-----·---·· ·---------- -·------· 

Decision & Order - 6 
Social Security Number and Merchant Mariner's Document Number 

347469407 D2 for second duplicate of this document issued to the 

Respondent. 

DONE AND DATED THIS 

HOUSTON, TEXAS. 

Decision & Order - 7 

DAY OF __ .. - >!f.- , 2000 

dit'5~?# () ~- 1

THOMAS E . P. M_9 , IGOTT 

U.S. Administ{; ive Law Judge