UNITED STATES OF AMERICA 

U.S. DEPARTMENT OF HOMELAND SECURITY 

UNITED STATES COAST GUARD 

%~TED STAT~OAST GUARD 

Complainaut 

VS. 

MICHAEL W. JORDAN 

Respondent ,a 

c. ., '_ 

., . , ... Docket Number CG S&R 03-0591 ,. . .",> 

CG Activity No. 1881676 I 

, . . , i .? 

,a' ,. . ", 

ORDER GRANTING COAST GUARD'S . ..-.... 

. . . i1lIOTION FOR DEFAULT :Q 

AND .d . 

ORDER OF REVOCATION 

Issued : WIARCI-I 2"'. 2004 

lssued by: JOSEPH N. INC;OLI.4 

Chief Administrative Law Judge 

-. 

1nves;gating Officer: 

MSTCS John I. Brown, I0 

MSO Houston 

Resportdent: 

Michael W. Jordan 
ORDER GRANTING MOTION FOR DEFAULT 

- AND 

SANCTION OF REVOCATION 

On .[anuary 29, 2004, MSO Houston filed a Motion for DeiBult Orcler seeking revocation 

of the Respondent's Merchant Mariner's Document, which blotion is incorporated herein by 

reference and made a part hereof A copy of the Motion for Default was mailed to the 

Respondent, via First Class Certified Mail, Return Receipt by the Investigating Officer on that ~. 

date. A subsequent filing by the 10 on Februaty 18,2004 included a Return of Service for Default 

Motion indicating that the Respondent was duly served his copy of the Motion for Defiult on 

February 4,2004, along with a statement from the TO indicating that the Respondent "...called 

stating he received motion, but plans no actions or any other comment." 

On February 26,2004, this S&R proceeding was assigned to the undersigned Chief 

Administrative Law Judge for the U.S. Coast Guard for adjuclication of the Motion for Default. 

The matter was taken under advisement and a complete review of this case was made. According 

to the case file, a copy of the original Complaint, dated Aug~tst 25,2004, was duly served upon 

the Respondent, by First Class Certified Mail: Return Receipt Requested. The Complaint was 

- 2 

sewed on the Respondent on August 28,2003. Respondent was charged wid1 bfisconducl for 

refusal to take a pre-employment drug test (46 USC 7703). It is noted that the Complaint 

correctly stated the statutory authority and regulatory authority for tlie charge of blisconduc?. 

I-ioweveu, the factual allegations on Page'rwo of the Complaint mistakenty referred to lJse of a. 

I>angerous rlrug, instead of the correct allegatioti ofblisconduct. This clerical mistaks iloes no? 

arfecl the legality of the Cotnplaint as the statutory and regulatory authorities cited are correct. 

To clate; Respondent has neither filed an Answer as required by 33 CFR 20.301(b), nor a 

response to the Motion ~GI- Default as required by 33 CFR 20..310(b), other than he verbally 
advised the I0 of his intent not to take any action or make any comments relating to the Molion 

for Default. 

Upon consideration of the present record, the Mot~on for Defanlt is GRANTED A 

d 

default constitutes an admission of all facts alleged m the Cornplaint and a bt~aiver of the 

Respondent's right to a hearing. (33 CFR 5 20.310(c)) 

Further, I find that the proposed sanction is appropriate under the provisions flf 46 CFR $ 

5.569. Wherefore, it is 

SANCTION 

ORDEREI) that your Merchant Mariner's Document is hereby REVOICED. You 

mnst surrender your document to the Coast Guard. If you knowingly continue to use your 

document, you may be subject to criminal prosecution. 

Ullder 33 CFR 20.3 10(e) for good cnuse shown, an Administrative Law Judge may set 

aside this finding of Default. You may iile a motion to set aside the Ending with the AM 

Docketing Center, Raltimore. 

Service of this Order ofRevocntion upon you serves to notify yo~iof your right to appeal 

as set forth in 33 CFR Subpart I, Section 20.100 1. (i\ttachment A) 

Administrative Law .Judge 

Jjated: March 2,2004 

Baltimore, MD 

Copy. 

MSO I-louston, Attn: IMSTCS John I. Ri.own, 10 

Michael W. Jortlan, Respo~itlenl 
Certificate of Se~vicc 

1 hereby certify that I have this day served tile Foregoing document(s) upon the following parties 

and limited participa~~ts (or designated representatives) in this proceeding at the address indicated 

by Facsimile: 

Commanding Officer 

MSO Houston, Attn: IvfSTCS Joh~ 1. Brown, 10 

9640 Clinton Drive, P.O. Box 446 

Galena Park, TX 77029-437-8 

(Fax #) 713-671-5185 

I hereby certify that I have this day served the hregoing document(s) up011 the Following 

palties and limited participants (or designated representatives) in this proceeding at the address 

indicated by First Class Mail: 

Michael W. Jorclan 

Dated at Baltimore, MD this 20d day of March 2004. 

') 

- " Paralegal Specialist/Legal Assistant to 

Chief Judge Joseph N. Ingolia 
33 C.F.R. PART 20 

SUBPART J 

APPEALS 

Ij 20.1001 General. 

(a) Any party may appeal the ALl's decision by filing a notice OF appeal. The party shall 

file the notice with the U. S. Coast Guard Administrative Law Judge Docketing Center; 

Attention: Hearing Docket Clerk; Room 412; 40 S. Gay Street; Baltimore, MD 21201- 

4022. The party shall file the notice 30 days or less after issuance of the decision, and 

shall serve a copy of it on the other party ant1 each interested person. 

(b) No party may appeal except on the following issues: 

(1) Whether each fincling of fact is supported by substantial evidence. 

(2) Whether each conclusion of law accords with applicable law, precedent, and public 

policy. 

(3) Whether the ALJ abused his or her discretion. 

(4) Tile ALJ's denial of a motion forilisqirnlification. 

(c) No inlerested person may appeal a stlmmary decision except on the issue tliat no 

hearing was held or that in the issuance of the decision [he ALJ did not consicier 

evidence that that person woultl have presented. 

(d) The appeal must follow the procedural requlrernents of this subpart 

8 20.1002 Records on appeal., 

(a) The recortl ofthe proceeding constitutes the record for decision on appeal. 

(b) If the respondent requests n copy of'tLle iranscnpt oflhe hcar~ng as part of the record of 

proceeding, then, -- 

(1) If the hearing was recorded at Federal expense, the Coast (hard will provide the 

transcript on payment oiltie fees prescribetl in 49 CFR 7.45; but, 

(2) If the hearing was recordetl by a Pederal contractor, the contractor will provide 

the transcript on the tenns prescribed in 49 C12R 7.45. 

5 20.1003 Procetlnrcs for appeal. 

(aj Each party appealing the ALI's decision or ruling shall file an ap!~ellate brief wit11 the 

Commandant at the following atlc!res!;: U.S. Coast Ciuarcl Administrative lLaw Jiidse 

Dockering Center; Atcention: Fiearirlg Dockc~t Clerk; Rooni 41%; 40 S. Gay Street; 

Dnltiniore, b[D 2 L201-4022, and shall se!ve a copy of the brief on every othel- party. 
(1) The appellate brief must set forth the appellant's specific objections to tlie 

decision or nlling. The brief must set forth, in detail, the -- 

(i) Basis for the appeal; 

(ii) Reasons supporting the appeal; and 

(iii) Relief requested in rlie appeal. 

(2) When the appellant relies on material contained in the record, the appellate brief 

musl specifically refer to the pertinent parts of the record. 

(3) The appellate brief must reach the Docketing Center 60 days or less after service 

of the ALJk decision. Unless filed within this time, or within another time period 

authorized in writing by the Docketing Center, the brief will be untimely. 

(b) Any party may file a reply briefwith the Docketing Center 35 days or less after service 

of the a$pellate hrief Each such party shall serve a copy on every other party. If the 

party filing the reply brief relies on evidence contained in the record for tlie appeal, that 

brief must specifically refer to the pertinent parts of the record. 

(c) No party may file more than one appellate brief or reply brief, unless -- 

(I) The party has petitioned the Cornmandant in writing; and 

(2) The Commanda~~t has granted leave to file an added brief, in which event the 

Commandant will allow a reasonable lime for the party to file {hat brief 

(d) The Commandant may accept an amicus curiae briaf from any person in an appeal OF an 

ALJ's decision. . 

5 20.1004 Decisions on appeal. 

(a) 'The Commandant shall review the record on appeal to determine whether the ALJ 

comnii tted error in the proceedings, and whether the Commandant st~ould affirm, 

modify, or reverse the ALJ's decision or should remand the case for hrrher proceedings. 

. T: 

(bj The Commandant shall issue a decisioii on every appeal in writing and shall serve a copy 

oftiie decisio~i on each party and interested person.