UNITED STATES OF AMERICA 

U.S. DEPARTMENT OF TRANSPORTATION 

UNITED STATES COAST GUARD

_______________________________ 

UNITED STATES COAST GUARD 

Complainant 

vs. 

DEREK A. REYNOLDS, 

Respondent. 

_______________________ 

Docket Number CG S&R 00-0392 

CG Case No. 1739980 

 

ORDER OF REVOCATION 

 

 Issued : November 25, 2002

Issued by: Joseph N. Ingolia, Chief Administrative Law Judge

For the Respondent: 

Thomas M. Russo, Esq. 

For the Coast Guard: 

LT. Mark Bottiglieri 

LTJG Connie Williamson
I. PRELIMINARY 

On June 27, 2001, the Undersigned issued an Order Granting Motion for 

Continuance and Requirements of Proof of Cure Enumerated (Order) in which the 

Respondent, Derek A. Reynolds, Merchant Mariner’s License, No. 913045 “and all other 

documents and certificates issued to the Respondent,” were REVOKED. The revocation 

was STAYED until September 30, 2002, to allow the Respondent the opportunity to 

complete “cure” in accordance with the SWEENEY requirements enumerated in the 

Order. 

On June 19, 2002, an Investigating Officer (I.O.) for U.S.C.G., Activities New 

York filed a Motion to Revoke (Motion) seeking outright revocation of the Respondent’s 

license alleging that the Respondent had been using his revoked license for employment 

as a deckhand and captain on board the uninspected towing vessel, the RACHEL 

MARIE. On July 22, 2002, the Respondent filed a timely Memorandum in Opposition to 

Motion to Revoke denying that he had worked under his revoked license or in any 

“licensed capacity contrary to the Court’s [June 27, 2001] Order.” In addition, the 

Respondent stated that he was attempting to complete his “cure” requirements but for 

“for financial reasons has been unable to pay the medical and expert fees in order to have 

the appropriate evidence brought before the Court.” The Respondent presented a copy of 

a letter from South Oaks Hospital stating that Mr. Reynolds had been discharged from an 

outpatient program following evaluation and monitoring. The Respondent then moved to 

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dismiss the Coast Guard’s Motion to Revoke or in the alternative set a hearing to allow 

the Respondent an opportunity to “fully explain the nature his part-time employment.” 

On August 15, 2002, a hearing was set to convene on October 1, 2002 at the 

Jacob Javits Federal Building, 26 Federal Plaza, Courtroom 238, New York, New York. 

On September 24, 2002, this matter was continued by unopposed request of the 

Respondent to November 14, 2002. The parties were later notified of the specific 

courtroom by Notice Confirming Location of S&R Hearing dated November 5, 2002. 

On November 14, 2002, the hearing convened as scheduled. However, prior to 

the commencement of the hearing, the Respondent requested a pre-hearing conference 

with the Undersigned and the Coast Guard stating that a hearing was not required. 

During the pre-hearing conference, the Respondent admitted that he had been working 

under his revoked license but that he sought leniency due to special circumstances 

regarding his personal and financial conditions. Furthermore, the Respondent expressed 

the desire to complete the terms of his cure requirements so that he could eventually 

return to work as a licensed mariner. 

II. DISCUSSION 

The Respondent admits that he has worked under his revoked license in 

contravention of my June 27, 2001 Order. That being so, the only clear course is to order 

the OUTRIGHT REVOCATION of the Respondent’s Merchant Mariner’s License 

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(No. 913045). However, it is noted that the Respondent expressed the desire to 

successfully demonstrate cure and return to work as a licensed mariner. In that effort, the 

Respondent has successfully completed a program of evaluation and monitoring from

South Oaks Hospital. With that in mind, the Respondent was instructed that he could 

continue the cure process outlined in my June 27, 2001 Order and upon successful 

completion, request to have this matter reopened pursuant to 33 CFR § 20.904, 

Reopening. 

The procedures to reopen under § 20.904 (e)(1) state, “At any time, a party may 

file a petition to reopen with the Docketing Center for the ALJ to rescind any order 

suspending or revoking a merchant mariner’s license ....” In addition, § 904(f) provides, 

“Three years or less after an S&R proceeding has resulted in revocation of a license, 

certificate, or document, the Respondent may file a motion for reopening of the 

proceeding to modify the order of revocation with the ALJ Docketing Center. (f)(1) Any 

motion to reopen the record must clearly state why the basis for the order of revocation is 

no longer valid and how the issuance of a new license, certificate, or document, is 

compatible with the requirement of good discipline and safety at sea.” A copy of 33 CFR 

§ 20.904 is attached to this order. 

The pertinent requirements for the Respondent to successfully demonstrate cure 

as enumerated in my June 27, 2001 Order are as follows: 

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Respondent is to successfully complete a drug rehabilitation program that 

establishes that the Respondent is drug-free and the risk of Respondent’s 

subsequent use of dangerous drugs is sufficiently low to justify a return to work. 

Respondent must: 

(1) provide adequate evidence of successful completion of all elements of the 

rehabilitation and drug testing programs; 

(2) enroll in a drug rehabilitation program certified by a governmental agency or 

accepted by an independent professional association; 

(3) attend a substance abuse monitoring program (such as AA/NA) for a 

minimum period of one-year following successful completion of the 

rehabilitation program; 

(4) participate in a random, unannounced drug-testing program for a minimum 

period of one-year following the successful completion of the rehabilitation 

program. During the drug-testing program, the Respondent must take at least 

6 random drug tests conducted in accordance with Department of 

Transportation procedures found in Title 49, Code of Federal Regulations

(CFR) Part 40. 

(5) file a copy of the Medical Review Officer’s (MRO) determination that the 

Respondent is drug-free and that the risk of Respondent’s subsequent use of 

dangerous drugs is sufficiently low to justify return to work. This MRO must 

sign this determination (certification letter to return to work). The name and 

address of the MRO is as follows: 

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David M. Katsuyama, MD 

c/o Greystone Health Sciences Corporation. 

7777 Alvardo Rd., Suite 606 

La Mesa, CA 91941 

Phone: 800 666-3791 

 619 698-0105 

 619 698-0198 

(6) be subject to increased, unannounced testing for a period of up to 60 months 

in accordance with 46 CFR 16.37(d). The MRO will determine the period

and frequency of testing. 

(7) pay the expenses for this rehabilitation program; 

(8) deposit all Coast Guard-issued licenses, certificates, and/or documents with 

Activities New York for the duration of the entire rehabilitation program

including the initial post-treatment monitoring period; 

(9) advise the Investigation Department at Activities New York of any change of 

address and/or telephone number by mail; and 

(10) send filings and evidence of successful completion to the Investigating 

Officer at the following address:

Commander 

U.S. Coast Guard Activities New York 

Attn: Investigations Department 

212 Coast Guard Drive 

Staten Island, NY 10305 

As discussed in the pre-hearing conference, the Respondent indicated that he no 

longer resides in New York and has moved to Florida. As such, Activities New York 

will coordinate as necessary, with the local Marine Safety Office for the Respondent’s 

Florida residence to facilitate the requirements for the completion of cure. Furthermore, 

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the parties upon mutual agreement may use a substitute MRO in this matter. If the 

parties cannot agree to a substitute the ALJ will approve a substitute MRO.

III. ORDER 

IT IS HEREBY ORDERED that the Respondent’s Merchant Mariner’s License, 

No. 913045 and all other documents and certificates issued to the Respondent, 

DEREK A. REYNOLDS, are REVOKED OUTRIGHT. 

The parties are HEREBY NOTIFIED that they may file a notice of appeal from

this Order within thirty days (30) upon issuance. If neither party files an appeal pursuant 

to 33 C.F.R. Subpart J within the thirty (30) day period, this Order will constitute final 

Coast Guard action. An appeal notice, if any, shall be served on all parties and filed with: 

U.S. Coast Guard Administrative Law Judge Docketing Center; Attention: Hearing 

Docket Clerk; Room 412; 40 S. Gay Street; Baltimore, Maryland 21202-4022, phone 

number (410) 962-7434, fax number (410) 962-1742, AND the Commander, U.S. Coast 

Guard, Activities New York, 212 Coast Guard Drive, Staten Island, New York 10305. 

Each party appealing this Order has sixty days (60) following the issuance of this 

Order to file an appellate brief. An appellate brief shall be served on all parties and filed 

with: U.S. Coast Guard Administrative Law Judge Docketing Center; Attention: Hearing 

Docket Clerk; Room 412; 40 S. Gay Street; Baltimore, Maryland 21202-4022, phone 

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number (410) 962-7434, fax number (410) 962-1742, AND the Commander, U.S. Coast 

Guard, Activities New York, 212 Coast Guard Drive, Staten Island, New York 10305. 

The rules and procedures for appellate review are found in 33 C.F.R. Part 20, 

Subpart J, specifically, §§ 20.1001–1103. A copy of Subpart J has been provided to the 

Respondent as part of the service of this order. 

 JOSEPH N. INGOLIA 

 Chief Administrative Law Judge 

Done and dated on this ____ of November, 2002 

Baltimore, Maryland 

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