UNITED STATES OF AMERICA

DEPARTMENT OF HOMELAND SECURITY

UNITED STATES COAST GUARI)

UNITED STATES COAST GUARD,

Complainant,

vs.

MATTHEWBENSON,

Respondent.

Docket Number 2023-0070

Enforcement Activity No. 7637724

DEFAULT ORDER

Issued: Mav 15,2023

Bv Administrative Law Judse: Honorable Timothv G. Stueve

Appearances:

CWO John Landry

USCG Sector Virginia

For the Coast Guard

Matthew Benson, pro se

For Respondent
Background

On March l, 2023, the Coast Guard filed a Complaint against Matthew Benson

(Respondent) alleging one count ofuse of, or addiction to the use of dangerous drugs. The

Retum of Service for Complaint filed by the Coast Guard indicates the Complaint was delivered

to Respondent's residence by Federal Express and signed for by a person ofsuitable age and

discretion residing at the residence on March 2, 2023 (Attachment A).

On April 13,2023, the Coast Guard filed a Motion for Default Order (Motion),

explaining Respondent failed to file an Answer, and the response time has passed. See 33 C.F.R.

$ 20.308. The Retum of Service for Motion for Default states the Motion was delivered to

Respondent's residence by Federal Express and signed for by Respondent on Apil12,2O23

(Attachment B). The Chief Administrative Law Judge assigned the matter to me on May 9,2023

Discussion

The applicable regulations require a respondent to "file a written answer to the complaint

20 days or less after service of the complaint." 33 C.F.R. $ 20.308(a). An administrative law

judge (ALJ) may find a respondent in default "upon failure to file a timely answer to the

complaint or, after motion, upon failure to appear at a conference or hearing without good cause

shown." 33 C.F.R. $ 20.310(a). Default constitutes an admission ofall facts alleged in a

complaint and a waiver ofrespondent's right to a hearing on those facts. 33 C.F.R. $ 20.310(c).

The Complaint filed by the Coast Guard and properly served on Respondent contained

instructions that clearly stated 'YOU MUST RESPOND TO THIS COMPLAINT WITHIN 20

DAYS" and provided the applicable regulatory provision, 33 C.F.R. $ 20.308. The instructions

also informed Respondent an extension oftime could be requested "within 20 days" of receipt.

Respondent failed to respond to the Complaint or the Motion for Default Order.
Accordingly, I find Respondent in default pursuant to 33 C.F.R. $ 20.310(a). Default

constitutes an admission ofall facts alleged in the Complaint and a waiver of the right to a

hearing. 33 C.F.R. $ 20.310(c). See Appeal Decision 2682 (REEVES) (2008).

As to the charge ofuse of, or addiction to the use of dangerous drugs, the Complaint

alleges on Decemb er 16,2022, Respondent took a required pre-employment drug test pursuant to

46 C.F.R. Part 16, and tested positive for Marijuana metabolites (THCA). See 46 U.S.C. $

77o4(b).

The factual allegations in the pleadings are legally sufficient to find the charge ofuse of,

or addiction to the use of dangerous drugs PROVED. Id.

I find the facts alleged in the Complaint sufficient to warrant the suggested sanction of

REVOCATION. See 46 C.F.R. $ 5.569.

WHEREFORE,

ORDER

Upon consideration ofthe record, I find Respondent in DEFAULT.

IT IS HEREBY ORDERED, in accordance with 33 C.F.R. $ 20.310, I find the

allegations set forth in the Complaint PRO\aED.

IT IS FURTHER ORDERED, alI of Respondent's Coast Cuard issued credentials,

including Respondent's Merchant Mariner Credential (MMC), are REVOKED.

IT IS FURTHER ORDERED, Respondent shall immediately deliver all Coast Guard

issued credentials, licenses, certificates, or documents, including the MMC, by mail, courier

service, or in person to: USCG Sector Virginia, 200 Granby Street, Suite 700, Norfolk, VA

23510. In accordance with 18 U.S.C. $ 2197, ifRespondent knowingly continues to use the

Coast Guard issued MMC, Respondent may be subject to criminal prosecution.
IT IS FURTHER ORDERED, pursuant to 33 C.F.R. S 20.310(e). for sood cause

shown. an ALJ mav set aside a findine ofdefault. A motion to set aside a finding ofdefault may

be filed with the ALJ Docketing Center in Baltimore. The motion may be sent to the U.S. Coast

Guard Administrative Law Judge Docketing Center; Attention: Hearing Docket Clerk; Room

412;40 S. Gay Street; Baltimore, MD 21201-4022.

PLEASE TAKE NOTICE, service of this Default Order on the parties serves as notice

ofappeal rights set forth in 33 C.F.R. $ 20.1001-20.1004 (Attachment C).

SO ORDERED.

Timothy G. Stueve

Administrative Law Judge

U.S. Coast Guard

Done and dated May 15 , 2023 , at

Alameda, Califomia