UNITED STATES OF AMERICA 

U.S. DEPARTMENT OF TRANSPORTATION 

UNITED STATES COAST GUARD 

UNITED STATES COAST GUARD 

Complainant 

vs. 

RODNEY L. LIVINGSTON, 

Respondent. 

Docket Number CG S&R 02-0288 

CG Case No. 1613261 

DECISION & ORDER 

Issued: July 31, 2002 

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

PRELIMINARY STATEMENT 

In discharge of its duty to promote safety of life and property at sea, the United 

States Coast Guard (Coast Guard) initiated this administrative proceeding seeking 

revocation of Merchant Mariner's Document number 225044013 issued to Respondent, 

Rodney L. Livingston. 

This action is brought pursuant to the legal authority contained in 46 U.S. Code 

7703 and its underlying regulations codified at 46 CPR Parts 5 and 10. In a Complaint 

issued May 17, 2002, the Coast Guard charged Respondent with two counts of 

Misconduct for being convicted of offenses that would prevent the issuance, renewal or 

upgrade of a Coast Guard credential. 
The factual allegations in the complaint are: 

1. On June 21, 2001, the Respondent was convicted in Chesapeake, Virginia 

of Sexual Battery, an offense that would prevent the issuance, renewal, or 

upgrade of a Coast Guard credential in accordance with 46 CFR 

5.61(a)(3). 

2. On January 22, 2001, the Respondent was convicted in Chesapeake City, 

Virginia, of Driving While Intoxicated, an offense that would prevent the 

issuance, renewal, or upgrade of a Coast Guard credential in accordance 

with section 205 of the National Drivers Register Act of 1982. (This 

section was repealed and replaced by 49 U.S.C. § 30304 on July 5, 1994.) 

The Respondent timely filed an Answer in which he failed to admit or deny any 

of the jurisdictional and factual allegations. 

The case was called for hearing on July 15, 2002 in Baltimore, Maryland in 

accordance with the Administrative Procedure Act, as amended and codified at 5 U.S. C. 

§§ 551-59, and Coast Guard procedural regulations, 33 CFR Part 20. 

Lieutenant Commander Mark Hammond and Petty Officer Michael Liburd 

entered appearances on behalf of the Coast Guard. The Respondent appeared on his own 

behalf and was advised of his right to counsel at the outset of the proceeding. The· 

Respondent acknowledged his right to counsel and reaffinned his decision to represent 

himself at the hearing. 

The Chief Administrative Law Judge requested that the Respondent produce and 

present his Merchant Mariner's Document. The Respondent informed the court that his 

document was no longer in his possession and was lost. He stated he left it in his house 

which, at some point, was repossessed. The Respondent was informed that he would be 

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required to complete a lost document affidavit and informed that a willful misstatement 

of any material item in that affidavit is punishable as a violation of federal law. 

OPINION 

The charges against the Respondent were reviewed as to the specific allegations 

and the nature of the corresponding sanctions. The Respondent's answer was reviewed to 

ascertain whether or not he was pleading ADMIT or DENY regarding the charges made 

in the Complaint. The Respondent's positions were equivocal so the Chief 

Administrative Law Judge entered a denial of each complaint on behalf of the 

Respondent. It was made clear that should the Respondent deny the factual allegations of 

Driving While Intoxicated, and should the Coast Guard be successful in proving the 

charge, the sanction would be revocation ofhis document. The Respondent was also 

informed that ifhe admitted the factual allegations of Driving While Intoxicated, the 

Chief Administrative Law Judge would Revoke the Respondent's Merchant Mariner's 

Document, with the option to seek clemency after one (1) year. 

The Respondent was then given a ten-minute recess to decide if he intended to 

dispute the applicability of the Driving While Intoxicated conviction included in the 

Complaint. After the recess he admitted, with full knowledge that his document would 

be revoked, to the Driving While Intoxicated conviction. Further, the Respondent 

expressed his desire to seek clemency. Subsequently, based on the Respondent's plea of 

ADMIT, the Respondent's document was ordered revoked and the Coast Guard 

representatives were instructed to assist the Respondent with his application for 

clemency, where necessary. 

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As to the charge of Misconduct stemming from the factual allegation of Sexual 

Battery, it was withdrawn by the Coast Guard. Thus, the issue of the validity and proper 

sentence for the allegation of Sexual Battery was not heard. Although no hearing was 

held regarding the charge of Misconduct stemming from the Sexual Battery conviction, 

the Respondent was advised that his entire record would be reviewed at any clemency 

hearing, including the record for the conviction of Sexual Battery. He was further 

advised that the clemency request would be considered in the light of his record of 

rehabilitation and how well he had conducted himselfbetween the date of this decision 

and the date of the clemency application. 

The Respondent's admission that he was convicted of driving under the influence 

of an intoxicating substance (i.e., alcohol) in the State of Virginia is sufficient to support 

a finding that the allegations in the complaint are proved. Appeal Decision 2458 

(GERMAN). Based on the law and regulations involved and upon consideration of the 

record as a whole, I hereby find that the alleged Misconduct for being convicted of 

Driving While Intoxicated is PROVED, WHEREFORE, 

ORDER 

IT IS ORDERED that the Respondent's U.S. Coast Guard Merchant Mariner's 

Document number 225044013, including all duplicates of that document and any other 

U.S. Coast Guard Merchant Mariner's Licenses or Documents issued to this Respondent, 

are hereby REVOKED. 

IT IS FURTHER ORDERED that since Respondent has stated that he lost his 

Merchant Mariner's Document, Respondent shall, in accordance with 46 CPR Part 12.02-

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24, complete an Affidavit of Lost or Stolen Merchant Mariner's Document (included as 

Attachment A) and forward the affidavit to the U.S. Coast Guard Activities Baltimore, 

2401 Hawkins Point Road, Baltimore, Maryland, 21226, Fax (410) 576-2583 

immediately. In the event Respondent has located his Merchant Mariner's Document, he 

shall immediately surrender the document to U.S. Coast Guard Activities Baltimore. 

SO ORDERED, 

Done and dated this 31st of July, 2002 at 

Baltimore, MD 

PLEASE TAKE NOTE that if neither party seeks review within 30 (thirty) days after 

issuance of this Order, this decision will become final. For the purposes of this action, 

the department of review is the United States Coast Guard. An appeal of this Order may 

be filed using the process as described in 33 CFR 20, Subpart J (2001). A copy of 

Subpart J is attached to this order. The details of clemency procedures are set forth at 46 

CFR 5, Subpart L (46 CFR sections 5.901, 5.903, and 5.905) and are contained in 

Attachment B. 

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