UNITED STATES OF AMERICA

DEPARTMENT OF HOMELAND SECURITY

UNITED STATES COAST GUARI)

UNITED STATES COAST GUARD,

Complainant,

PAUL VOISIN, JR.,

Respondent.

Docket Number 2023-0060

Enforcement Activity No. 7629301

DEFAULT ORDER

Issued: Mav 1. 2023

Bv Administrative Law Judqe: Honorable Timothv G. Stueve

Appearances:

LT Chrisina Jeanes

USCG MSU Morgan City

For the Coast Guard

Paul Voisin, Jr., pro se

For Respondent

VS
Backsround

On February 15,2023, the Coast Guard filed a Complaint against Paul Voisin, Jr.

(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 of suitable age

and discretion residing at the residence on February 21,2023 (Attachment A).

On March 23, 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 Return 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 24, 2023 (Attachment B). The Chief Administrative

Law Judge assigned the matter to me on April 25,2023.

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 motion, upon failure to appear at a conference or hearing without good cause

shown." 33 C.F.R. $ 20.310(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" of receipt'

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

Accordingly,IfindRespondentindefaultpursuantto33C'FR'$20'310(a)'Default

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

hearing. 33 C.F.R. $ 20.310(c). See Apoeal Decision 2682 (REEVES) (2008)'

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

alleges on May 19,2022, Respondent took a required random drug test pursuant to 46 C.F.R.

Part 16, and tested positive for Methamphetamine and Amphetamine. See 46 U.S.C. $ 7704(b).

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

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

I find the facts alleged in the Complaint sufficient 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. $ 20.3 10, I find the

allegations set forth in the Complaint PROVED.

IT IS FURTHER ORDf,RED, 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 Marine Safety Unit Morgan City, 7327 Highway 182 East,

Morgan City, LA 70380. ln accordance with l8 U.S.C. g 2197, if Respondent knowingly
continues to use the Coast Guard issued MMC, Respondent may be subject to criminar

prosecution.

IT IS FURTHER ORDERED, pursuant to 33 C.F.R. {i 20.3 l0(e). for d cause

shown. an ALJ mav set aside .r finding 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 May 1,2023, at

Alameda, California
I.INITED STATES OF AMERICA

U.S. DEPARTMENT OF HOMELAND SECT]RITY

UNITED STATES COAST GUARI)

UNITED STATES COAST GUARD

Complainant

vs

HARRIS SALVADOR ROUSSE, JR

Respondent

Docket Number 2023-0063

EnforceEent Activity No- 7 6367 12

ORDER GRANTING MOTION F'OR WITHDRAWAL

On February 15, 2023, the United States Coast Guard (Coast Guard) filed a Complaint

seeking to revoke Harris Salvador Rousse Jr.'s (Respondent) Merchant Mariner's Credential[s].

On March 13, 2023, the Coast Guard submitted a Motion for Withdrawal indicating Respondent

has completed a Voluntary Surrender Agreement under 46 C.F.R. $ 5.203.

Upon review of the file, I will GRANT the Coast Guard's Motion to Withdraw and

DISMISS this matter without prejudice.

WHEREFORE,
IT IS HEREBY

SO ORDERED.

Done and Dated this 20s day of March, 2023.

ORDER

this matter is DISMISSED without prejudice.

HON. BRIANJ. CURLEY

UNITED STATES COAST GUARD

ADMINISTRATIVE LAW ruDGE

il