UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

UNITED STATES COAST GUARD 

UNITED STATES OF AMERICA 

UNITED STATES COAST GUARD 

COMPLAINANT, 

vs. 

Merchant Mariner's Document 

No. 421 11 7986 Dl 

Issued to: 

TERRY ANTHONY BUSH 

Respondent 

Before: Archie R. Boggs 

Administrative Law Judge 

Docket No. 01-0687 

PA No. 01001376 

DECISION AND ORDER 

PRELIMINARY STATEMENT 

This proceeding is brought pursuant to the authority contained in 5 USC 551-559; 46 

USC Chapter 77; 46 Code of Federal Regulations, Parts 5 and 16; and 33 CPR Parts 20 and 95. 

Terry Bush was served with a Complaint by U.S. Coast Guard Investigating Officer, 

MSTl Roy S. Robertson, dated 27 September 2001. The Complaint alleged statutory authority 

as "46 USC 7704 (c)" "Use of or Addiction to the Use of Dangerous Drugs" and regulatory 

authority as 46 CPR 5.35. 

The factual allegations read as follows: 

"Use of or Addiction to the Use of Dangerous Drugs" 

"1. On July 2, 2001 Respondent took to a pre-employment drug test. 

2. A urine specimen was collected by Katrina Polk, of American Family Care. 
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3. The Respondent signed a Federal Drug Testing Custody and Control Form 

4. The urine specimen was collected and analyzed by Quest Diagnostics Inc. 

using procedures approved by the Department of Transportation. 

5. That specimen subsequently tested positive for marijuana metabolite. 

The Respondent filed an Answer in which he admitted the jurisdictional allegations and 

denied all factual allegations. He alleged as a defense "someone else took test." He agreed 

with the proposed hearing location and date. 

Although Mr. Bush indicated that the location and date of the hearing were acceptable 

he did not make an appearance. The regulations provide that a Respondent may be found in 

Default for failure to appear at a hearing, but because the Investigating Officer was prepared to 

present evidence in the form of witnesses and the documents the matter was allowed to proceed 

in Mr. Bush's absence. 

The hearing was held at the Marine Safety Office Mobile, 150 N. Royal Street, on 7 

December 2001. 

In support of the Complaint the Investigating Officer introduced into evidence the 

testimony of (1) Dan Guy, who is employed by Dyn Marine Services, Inc. of Reston, VA; (2) 

John E. Fitzmorris, who served as Chief Mate for Dyn Marine Services; (3) Katrina Polk, who 

collected a specimen for a pre-employment drug screen from Mr. Bush on 2 July 2001; ( 4) Dr. 

Tony D' Addario who is laboratory director for Quest Diagnostics, San Diego, CA, which 

laboratory amrlyzed Mr. Bush's urine specimen; and (5) George M. Ellis, Jr., President of 

Greystone Health Services Corporation, 7777 Alvarado Road, La Mesa, CA, 91941. 

The Investigating Officer also introduced eight (8) exhibits. 

I.O. Exhibit No. 1 - a copy of a merchant mariner's document bearing 

social security number 421 11 7986 D 1 which is issued to Terry 

Anthony Bush. 
I.O. Exhibit No. 2- a copy of an application for a merchant mariner's 

document, which was executed by Mr. Bush. 

I.O. Exhibit No. 3 - a certified copy of a completed Federal Drug 

Testing Custody and Control form, copy No. 4, which is the Medical 

Review Officer's copy, showing a positive result. 

I.O. Exhibit No. 4 - another completed copy of the Drug Testing 

Custody and Control form, copy No. 2, the 2nd original, which also 

shows a positive result for cannabinoids. 

I.O. Exhibit No.5- a copy of a final report for Mr. Bush's specimen 

which also indicates a positive result for cannabinoids. 

I.O. Exhibit No. 6 - a letter from George M. Ellis, Jr., President, 

Greystone Health Sciences, Inc., dated July 11, 2001, The Senior 

Investigating Officer, Marine Safety Office, Mobile, indicating a 

positive result for Mr. Bush's specimen. 

I.O. Exhibit No. 7 - a completed "Employee Profile Form" for Mr. 

Bush. 

I.O. Exhibit No. 8- a two page letter from Alabama Department 

Forensic Sciences, Birmingham, AL concerning Mr. Bush's 

handwriting. 

FINDINGS OF FACT 

3 

1. Terry Bush, whose merchant mariner's document was issued to him on 6 May 1999 at 

Baltimore, MD provided a urine specimen as required by law for a pre-employment drug 

screen on 2 July 2001 while seeking employment with Dyn Marine of Reston, VA. 

2. Ms. Katrina Polk, who is a qualified urine collector employed by American Family Care, 

collected the specimen. 

3. Mr. Bush signed the multi-part custody and control form which assigned his specimen 

number Al3041429. 

4. Mr. Bush affirmed that the specimen was collected and sealed with a tamper-proof seal and 

assigned a specimen identification number in his presence. 

5. The specimen was shipped to Quest Diagnostics, Inc, San Diego, Ca. 
4 

6. Quest Diagnostics, Inc. was, and is, a SAMSHA-NIDA certified drug testing facility. 

7. Mr. Bush's specimen was received for analysis on 5 July 2001. 

8. The specimen was tested and confirmed positive for marijuana. 

9. The positive laboratory test result was forwarded to the Medical Review Officer, Dr. D. M. 

Katsuyma, of Greystone Health Sciences. 

10. The Medical Review Officer conducted a telephone interview with Mr. Bush and advised 

him of the positive test result. 

11. Mr. Bush did not provide a creditable explanation for the positive test. 

12. George M. Ellis, Jr., President ofGreystone Health Sciences, Inc. notified the Coast Guard 

of the results by letter dated 11 July 2001. 

ULTIMATE FINDINGS OF FACT 

On 2 July 2001 Terry Anthony Bush submitted a urine specimen to Katrina Polk, a 

qualified urine collector for American Family Care for a pre-employment drug test for Dyn 

Marine Services, Inc. of Ruston, VA. The specimen subsequently tested positive thereby 

indicating use of dangerous drugs, to wit, marijuana. 

OPINION 

The allegations in the complaint are proved by reliable, substantial and probative 

evidence. 46 CFR subpart B, Section 16.201(b) provides as follows: 

"(b) If an individual fails a chemical test for dangerous drugs under this part, the 

individual will be presumed to be a user of dangerous drugs." (Emphasis added) 

Mr. Bush failed the chemical test for dangerous drugs. He is presumed to be a user of 

dangerous drugs. The presumption has not been rebutted. 

46 USC 7704 ( c ) provides as follows: 
5 

"( c ) If it is shown that a holder has been a user of or addicted t o a dangerous drug, the 

license, certificate of registry, or merchant mariner's document shall be revoked unless the 

holder provides satisfactory proof that the holder is cured." (Emphasis added) 

ORDER 

That your merchant mariner's document number 421 11 7986 D 1 and all other 

documents issued to you by the U. S. Coast Guard or any predecessor authority, if still in your 

possession, be and the same are hereby REVOKED, and you are directed to forthwith surrender 

any such document to the Marine Safety Office, 150 N. Royal Street, Mobile, AL. 

Rules governing appeals are attached hereto. 

Dated Q 0 December 2001 

New Orleans, Louisiana 

ARCHIE R. BOGGS 

ADMINISTRATIVE LAW JUDGE