UNITED STATES OF AMERICA 

U.S. DEPARTMENT OF HOMELAND SECURITY 

UNITED STATES COAST GUARD 

_______________________________ 

UNITED STATES COAST GUARD 

Complainant 

vs. 

MICHAEL P. MURPHY 

Respondent. 

_______________________ 

Docket Number CG S&R 06-0155 

CG Case No. 2608223 

ORDER DISAPPROVING SETTLEMENT AGREEMENT

Issued by: Walter J. Brudzinski, Administrative Law Judge

Issued: April 13, 2006

On April 7, 2006, the Coast Guard at Marine Safety Office Puget Sound issued a 

Complaint against Respondent alleging “Conviction of a Dangerous Drug Law 

Violation” in that the Respondent was convicted in Louisiana of one count each of 

Possession of Marijuana and Possession of Dihydrocodeine on January 28, 2002. 

Also on April 7, 2006, the Coast Guard and the Respondent submitted a Motion 

for Approval of a Settlement Agreement and Entry of Consent Order as a settlement of 

the case under 33 CFR § 20.502. 

 The Settlement Agreement provides, in pertinent part, that Respondent’s license 

and document are suspended for 12 months. That suspension is remitted on a 12 month 

probationary period during which time Respondent is to complete a substance abuse 

evaluation followed by 12 months of random, unannounced drug testing. At the end of 
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the drug testing program, Respondent is to obtain a letter from the Medical Review 

Officer indicating that he is drug free and that the risk of dangerous drug use is 

sufficiently low to justify his continuing to work in the marine industry. Basically, 

Respondent is permitted to work under the authority of his license and document prior to 

completing this modified cure settlement agreement. 

I have reviewed the terms of the Settlement Agreement and find that it does not 

comply with the latest Coast Guard policy as expressed in the Draft Marine Safety 

Manual and Commandant Decisions on Appeal. Specifically, a mariner may not be 

permitted to work under the authority of his credentials prior to completion of cure. 

Therefore, I cannot find that the settlement agreement is reasonable and in substantial 

compliance with the requirements of 33 CFR § 20.502. 

WHEREFORE, 

ORDER

Upon consideration of the record, it is hereby ORDERED that the Settlement 

Agreement is DISAPPROVED. 

Done and dated April 13, 2006 

New York, New York 

WALTER J. BRUDZINSKI 

Administrative Law Judge 

United States Coast Guard 
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CERTIFICATE OF SERVICE

I hereby certify that I have this day served the foregoing Order Disapproving 

Settlement Agreement by the means indicated upon the following parties and limited 

participants (or designated representatives) in this proceeding at the addresses indicated as 

follows: 

LT Ronald Murphree 

Marine Safety Office Puget Sound 

1519 Alaskan Way South, Building 1 

Seattle, WA 98134-1192 

Telephone: (206) 217-6129 

Facsimile: (206) 217-6213 

(via facsimile) 

Michael P. Murphy 

1405 E. 35th Avenue 

Spokane, WA 99203 

(via first class mail) 

USCG ALJ Docketing Center 

40 S. Gay Street, Rm. 412 

Baltimore, MD 21202 

Telephone: (410) 962-1734 

Facsimile: (410) 962-1746 

(via facsimile) 

Done and dated April 13, 2006 

New York, New York 

 ___________________________________ 

 Regina V. Thompson 

 Paralegal Specialist to the 

 Administrative Law Judge 

 Telephone: (212) 668-2970 

 Facsimile: (212) 825-1230