This article examines the history of cases involving George Dieter and his Merchant Mariner Credentials, drawing upon available legal documents and decisions. These cases, primarily concerning alleged misconduct, violations of regulations, and substance use, offer insight into the legal and administrative processes governing maritime professionals.
Case Overview
The cases involving George Dieter primarily concern actions taken by the Coast Guard regarding his Merchant Mariner Credentials. These actions range from revocations to appeals, often involving allegations of misconduct, violations of regulations, and the use of dangerous drugs. The legal framework for these proceedings is established by regulations such as 46 U.S.C. § 7701 et seq., 46 C.F.R. Part 5, and the procedures outlined in 33 C.F.R.
Key Cases and Allegations
Several cases provide specific details regarding the allegations against George Dieter:
Case 2680: This case directly involves George Dieter and concerns allegations related to dangerous drugs, specifically cocaine metabolite.
Another case mentions the revocation of George Dieter's license due to a Breath Alcohol Concentration (BAC) of .176%. This case also involved an alcohol test and a random drug test.
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These cases suggest a pattern of scrutiny regarding Dieter's adherence to regulations concerning substance use while holding a Merchant Mariner Credential.
Legal and Administrative Procedures
The cases involving George Dieter highlight the standard procedures in Merchant Mariner Credential actions:
- Initial Action: The Coast Guard initiates action, such as revocation or suspension, against a mariner's credentials based on alleged violations or misconduct.
- Administrative Hearing: An Administrative Law Judge (ALJ) conducts a hearing to review the evidence and determine the validity of the charges.
- Decision and Order (D&O): The ALJ issues a Decision and Order (D&O) outlining the findings of fact, conclusions of law, and any sanctions imposed.
- Appeal: The mariner has the right to appeal the ALJ's decision to the Suspension and Revocation Appeals Authority.
These procedures are governed by regulations such as 46 C.F.R. Part 5 and 33 C.F.R., ensuring due process and the opportunity for mariners to challenge the Coast Guard's actions.
Related Cases and Precedents
The cases involving George Dieter are part of a larger body of Merchant Mariner Credential cases. Examining related cases can provide context and insight into the legal standards and precedents applied in these proceedings. Some examples of such cases include:
William S.: This case involved allegations of failing to submit to Coast Guard mandated drug testing.
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Gary L.: This case also involved the failure of a pre-employment drug test.
Arlan T.: This case concerned the use of dangerous drugs, with the mariner testing positive for cocaine metabolites.
Clarence Marshall Jr.: This case involved allegations of operating under the influence of alcohol while acting under the authority of his mariner credentials, as well as testing positive for amphetamine.
These cases, like those involving George Dieter, demonstrate the Coast Guard's strict enforcement of regulations regarding substance use among mariners.
The Role of Administrative Law Judges
Administrative Law Judges (ALJs) play a crucial role in Merchant Mariner Credential cases. They preside over hearings, review evidence, and issue decisions that can significantly impact a mariner's career. Several ALJs are mentioned in the context of these cases:
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Michael J.
Bruce T.
Walter J.
Anthony B.
Peter A.
The ALJs must adhere to legal standards and procedures to ensure fair and impartial hearings. Their decisions are subject to appeal, providing an additional layer of review and oversight.
Impact on Mariner Careers
Actions against Merchant Mariner Credentials can have severe consequences for mariners' careers. Revocation or suspension of credentials can prevent mariners from working in their chosen profession, leading to financial hardship and reputational damage. The cases involving George Dieter and others underscore the importance of compliance with regulations and the potential risks associated with misconduct or substance use.