UNITED STATES OF AMERICA 

U.S. DEPARTMENT OF HOMELAND SECURITY 

UNITED STATES COAST GUARD 

UNITED STATES COAST GUARD 

Complainant 

vs. 

VLADIMIR SALAMON 

Respondent. 

Docket Number CG S&R 08-0131 

CG Enforcement Activity No: 3098372 

ORDER DISMISSING COMPLAINT 

Issued: May 2, 2008 

Issued by: JOSEPH N. INGOLIA, 

Chief Administrative Law Judge 

Investigating Officer: 

LT Yancee L. McLemore, IO 

U.S. Coast Guard Sector Los Angeles/Long Beach 

Respondent: 

Vladimir Salamon 

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On March 11, 2008, the Coast Guard filed the original Complaint. According to 

the original Complaint, dated March 10, 2008, the respondent was charged Negligence 

(46 CFR 5.29) and Misconduct (46 CFR 5.27) for a major casualty that occurred on 

August 14, 2007 while the respondent was serving as Master of the M/V California 

Responder. 

Then on March 25, 2008, the Coast Guard filed an Amended Complaint along 

with a copy of the Respondent's Answer, a copy of the Good Faith Deposit executed by 

the respondent on November 15, 2007 as well as a copy of the Receipt for U.S. Coast 

Guard Credential dated March 24, 2008. 

The Amended Complaint, dated March 10, 2008, contained similar allegations 

against the respondent for the same marine casualty on August 14, 2007. The Coast 

Guard was seeking a 4-month outright suspension against the respondent's Merchant 

Mariner's License. 

The respondent executed a Good Faith Deposit on November 15, 2007 with 

Sector LA/LB and the Coast Guard retained possession of those credentials until March 

24, 2008 when the Coast Guard returned the respondent's credentials to him. 

As there was no Complaint issued at the time the respondent deposited his 

credentials with Sector LA/LB, I consider his actions to be totally voluntarily and that he 

performed the 4-month outright suspension under his own volition. His credentials were 

returned to him on March 24, 2008. 

The problem in this S&R proceeding is the failure of the Investigating Officer to 

timely file the Complaint with the ALJ Docketing Center. By the time the IO filed the 

Complaint, the Amended Complaint and the respondent's Answer, as noted above, the 

respondent had already completed a 4-month suspension without any opportunity for the 

Administrative Law Judge to take action and to ensure the respondent received full due 

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process. According to the Rules of Practice, Procedure and Evidence for Formal 

Administrative Proceedings of the Coast Guard: "An administrative proceeding 

commences when the Coast Guard representative files the complaint with the Hearing 

Docket Clerk and serves a copy of it on the respondent." (33 CFR 20.401) The 

Investigating Officer, in this proceeding, has failed to follow the required regulations. 

WHEREFORE, it is 

ORDER 

ORDERED that the Complaint is DISMISSED, and it is 

FURTHER ORDERED, that in dismissing this Complaint the respondent's 

official record will not reflect this marine casualty or the resultant 4-month voluntary 

suspension period the respondent completed on March 24, 2008, and it is 

FURTHER ORDERED, that in view of the IO's failure to follow regulations 

that are clear and unequivocal, the Coast Guard make certain that lOs are properly trained 

and supervised. This type of error occurs more often that it should and needs to be 

addressed. 

Dated: May 2, 2008 

Washington, DC 

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Certificate of Service 

I hereby certify that I have this day served the foregoing document(s) upon the following 

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

address indicated by Facsimile: 

Commanding Officer 

USCG Sector LA/LB, Attn: LT Yancee McLemore, IO 

1001 S. Seaside Avenue, Bldg. 20 

San Pedro, CA 90731 

(Fax#) 310-521-3779 

I hereby certify that I have this day served the foregoing document(s) upon the 

following parties and limited participants (or designated representatives) in this 

proceeding at the address indicated by First Class Mail: 

Vladimir Salamon 

2206 Mantis A venue 

San Pedro, CA 90732 

Dated at Washington, DC this 211d day ofMay 2008. 

VERONICA 

w~r:l~~ A. DICKEY I 

Sr. Paralegal Specialist to 

Chief Judge Joseph N. Ingolia 

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