1180. When, in the opinion of the board, there is reasonable cause
to believe that the public interest requires that a pilot or inland
pilot be summarily suspended pending hearing on charges of misconduct
which include any of the causes for suspension or revocation
specified in Section 1181 or when the board has information which
leads it to believe that a pilot or inland pilot has become unable to
comply with the standards of health or physical condition requisite
to a pilot's or inland pilot's duties, the board may, without
hearing, temporarily suspend the license of the pilot or inland pilot
for not exceeding 40 days pending hearing and decision on the
charges. Unless an accusation on the charge is served on the pilot or
inland pilot as provided in Chapter 5 (commencing with Section
11500) of Part 1 of Division 3 of Title 2 of the Government Code,
prior to the close of the sixth day after the suspension becomes
effective, the temporary suspension terminates at the close of the
sixth day.
1180.3. (a) The board shall establish an incident review committee,
which shall be composed of one public member of the board and the
executive director. The board shall delegate to the incident review
committee the responsibility to review all reports of misconduct or
navigational incidents involving pilots or inland pilots or other
matters for which a license issued by the board may be revoked or
suspended. This subdivision does not apply to an incident involving a
pilot or inland pilot aboard a vessel of less than 300 gross tons
unless a pilot or inland pilot is required by law.
(b) The incident review committee, with the assistance of one or
more investigators, shall investigate the incident, misconduct, or
other matter and prepare a written report. The incident review
committee may call witnesses and request additional information if
the incident review committee considers it necessary to conduct a
complete investigation. In performing their duties, the members of
the incident review committee and its investigators shall act fairly
and impartially and shall treat all matters developed or maintained
as required by law. The members of the incident review committee and
the investigators shall not discuss any investigation with the board
or any member of the board until the matter has been finally disposed
of by the incident review committee or final action has been taken
by the board, as appropriate. The board shall specify, by regulation,
the information to be contained in the report, which shall include,
but need not be limited to, the following information relating to the
incident, misconduct, or other matter:
(1) The name of the vessel, date, location, and identification of
the pilot or inland pilot.
(2) A description of the weather and sea conditions.
(3) An illustration and description of the incident, misconduct,
or other matter under investigation.
(4) An estimate of the damages, if any.
(5) The names of the witnesses providing information relating to
the incident, misconduct, or other matter under investigation.
(6) The nature and extent of any injuries.
(7) A summary of any prior investigations of incidents,
misconduct, or other matters involving the same pilot or inland pilot
designated pursuant to paragraph (1).
(8) Any relevant correspondence or records from the United States
Coast Guard relating to the incident, misconduct, or other matter
under investigation.
(9) A historical record of the actions taken in the investigation
and the action taken pursuant to Section 1180.6.
(10) A summary of the factual background of the incident,
misconduct, or other matter investigated.
(11) The following information that is not a part of the public
record:
(A) The report from the pilot or inland pilot.
(B) The confidential report of the investigator.
(c) Unless an accusation for suspension or revocation of the pilot'
s or inland pilot's license is served on the pilot or inland pilot as
provided in Chapter 5 (commencing with Section 11500) of Part 1 of
Division 3 of Title 2 of the Government Code, the incident review
committee shall present the completed investigation report to the
board at the first monthly meeting of the board after the completion
of the report. Unless an extension is granted by the board, the
report shall be presented within 90 days of the date of the incident,
misconduct, or other matter investigated.
(d) The record of the investigation prepared pursuant to
subdivision (b) and the final disposition of the incident,
misconduct, or other matter shall be retained in the records of the
board for 10 years after the completion of the investigation and,
except for the items listed in paragraph (11) of subdivision (b),
shall be a public record.
1180.6. (a) The board, after full consideration of the evidence,
report, and recommendations presented by the incident review
committee relating to an incident, misconduct, or other matter
pursuant to Section 1180.3, shall take one or more of the following
actions:
(1) Serve an accusation for suspension or revocation of the pilot'
s or inland pilot's license on the pilot or inland pilot, as provided
in Chapter 5 (commencing with Section 11500) of Part 1 of Division 3
of Title 2 of the Government Code, pursuant to Sections 1181 and
1182.
(2) Enter into a written stipulation for corrective action to be
performed by the pilot or inland pilot, which may include, but is not
limited to, further training or supervised practice trips.
(3) Provide counseling for the pilot or inland pilot relating to
the duties and obligations of a pilot.
(4) Issue a warning letter of reprimand to the pilot or inland
pilot.
(5) Take any other action, as provided in the guidelines adopted
pursuant to subdivision (e).
(6) Close the investigation without further action.
(7) Remand the matter to the incident review committee for further
investigation.
(b) Action required pursuant to subdivision (a) shall be taken by
a majority vote of the board.
(c) A member of the board shall not sit on the board as a trier of
fact for those cases in which he or she has served on the incident
review committee recommending action to the board.
(d) The executive director shall note any action taken by the
board pursuant to this section in a pilot's or inland pilot's record
and shall establish a suspense file to ensure that all training,
practice trips, or other corrective action required to be performed
pursuant to subdivision (a) by the pilot or inland pilot are
completed as required. The executive director shall report to the
board each month on the progress of any training, supervised practice
trips, or other corrective action or the completion of any other
action required pursuant to subdivision (a).
(e) The executive director shall notify the board of a pilot or
inland pilot who fails, or refuses, to complete training, practice
trips, or other corrective action imposed by the board pursuant to
subdivision (a). If the board determines that the pilot or inland
pilot has intentionally failed to complete training, practice trips,
or other corrective action, the board may take additional action as
specified in subdivision (a).
(f) The board shall adopt guidelines for the determination by the
incident review committee of the action to be taken pursuant to
subdivision (a) at the completion of an investigation conducted
pursuant to Section 1180.3.
1181. The license of a pilot or inland pilot may be revoked or
suspended before its expiration only for reasons of misconduct, which
shall include, but not be limited to, the following:
(a) Neglect, for 30 days after it becomes due, to render an
account to the board of all money received for pilotage.
(b) Neglect, for 30 days after it becomes due, to pay over to the
board the percentage of all pilotage money received, as set by the
board.
(c) Rendering to the board a false account of pilotage received.
(d) Absence from duty for more than one month at any one time
without leave granted by the board, unless sickness or personal
injury causes the absence. This subdivision does not apply to inland
pilots.
(e) Refusing to exhibit the pilot or inland pilot license when
requested to do so by the master of any vessel boarded.
(f) Intoxication or being under the influence of any substance or
combination of substances that so affects the nervous system, brain,
or muscles as to impair, to an appreciable degree, the ability to
conduct the duties of a pilot or inland pilot while on duty.
(g) Negligently, ignorantly, or willfully running a vessel on
shore, or otherwise rendering it liable to damage, or otherwise
causing injury to persons or damage to property. However, this
subdivision does not apply to a vessel of less than 300 gross tons
unless a pilot or inland pilot is required by law.
(h) Willful violation of the rules and regulations adopted by the
board for the government of pilots or inland pilots.
(i) Inability to comply with the standards of health or physical
condition requisite to the duties of a pilot or inland pilot, but in
that case the burden of proving compliance with these standards is
upon the licensee, unless prior to the hearing the licensee takes and
passes those tests or examinations required by the board.
(j) Failure or refusal, to complete training, practice trips, or
other corrective action imposed on that pilot or inland pilot by the
board pursuant to Section 1180.6.
1182. If, after a hearing, the board finds that the pilot or inland
pilot is guilty of misconduct sufficient for deprivation of the
license, the board shall revoke or suspend the license of the pilot
or inland pilot. The order shall be entered in the minutes and placed
in the record of the pilot maintained pursuant to Section 1157. The
proceedings shall be conducted in accordance with Chapter 5
(commencing with Section 11500) of Part 1 of Division 3 of Title 2 of
the Government Code, and the board shall have all the powers granted
pursuant to that chapter.
1183. Upon notification of nonrenewal of the license, a pilot or
inland pilot is entitled to a trial and hearing in the same manner
that other charges and accusations against pilots and inland pilots
are tried.
In every case of nonrenewal, suspension, or revocation of the
license of a pilot or inland pilot for cause, the final decision of
the board is subject to judicial review in accordance with law, and
the court shall exercise its independent judgment on the evidence.
1184. The board shall formally review the executive director with
respect to the performance of his or her duties pursuant to this
article at least once each year.
1180. When, in the opinion of the board, there is reasonable cause
to believe that the public interest requires that a pilot or inland
pilot be summarily suspended pending hearing on charges of misconduct
which include any of the causes for suspension or revocation
specified in Section 1181 or when the board has information which
leads it to believe that a pilot or inland pilot has become unable to
comply with the standards of health or physical condition requisite
to a pilot's or inland pilot's duties, the board may, without
hearing, temporarily suspend the license of the pilot or inland pilot
for not exceeding 40 days pending hearing and decision on the
charges. Unless an accusation on the charge is served on the pilot or
inland pilot as provided in Chapter 5 (commencing with Section
11500) of Part 1 of Division 3 of Title 2 of the Government Code,
prior to the close of the sixth day after the suspension becomes
effective, the temporary suspension terminates at the close of the
sixth day.
1180.3. (a) The board shall establish an incident review committee,
which shall be composed of one public member of the board and the
executive director. The board shall delegate to the incident review
committee the responsibility to review all reports of misconduct or
navigational incidents involving pilots or inland pilots or other
matters for which a license issued by the board may be revoked or
suspended. This subdivision does not apply to an incident involving a
pilot or inland pilot aboard a vessel of less than 300 gross tons
unless a pilot or inland pilot is required by law.
(b) The incident review committee, with the assistance of one or
more investigators, shall investigate the incident, misconduct, or
other matter and prepare a written report. The incident review
committee may call witnesses and request additional information if
the incident review committee considers it necessary to conduct a
complete investigation. In performing their duties, the members of
the incident review committee and its investigators shall act fairly
and impartially and shall treat all matters developed or maintained
as required by law. The members of the incident review committee and
the investigators shall not discuss any investigation with the board
or any member of the board until the matter has been finally disposed
of by the incident review committee or final action has been taken
by the board, as appropriate. The board shall specify, by regulation,
the information to be contained in the report, which shall include,
but need not be limited to, the following information relating to the
incident, misconduct, or other matter:
(1) The name of the vessel, date, location, and identification of
the pilot or inland pilot.
(2) A description of the weather and sea conditions.
(3) An illustration and description of the incident, misconduct,
or other matter under investigation.
(4) An estimate of the damages, if any.
(5) The names of the witnesses providing information relating to
the incident, misconduct, or other matter under investigation.
(6) The nature and extent of any injuries.
(7) A summary of any prior investigations of incidents,
misconduct, or other matters involving the same pilot or inland pilot
designated pursuant to paragraph (1).
(8) Any relevant correspondence or records from the United States
Coast Guard relating to the incident, misconduct, or other matter
under investigation.
(9) A historical record of the actions taken in the investigation
and the action taken pursuant to Section 1180.6.
(10) A summary of the factual background of the incident,
misconduct, or other matter investigated.
(11) The following information that is not a part of the public
record:
(A) The report from the pilot or inland pilot.
(B) The confidential report of the investigator.
(c) Unless an accusation for suspension or revocation of the pilot'
s or inland pilot's license is served on the pilot or inland pilot as
provided in Chapter 5 (commencing with Section 11500) of Part 1 of
Division 3 of Title 2 of the Government Code, the incident review
committee shall present the completed investigation report to the
board at the first monthly meeting of the board after the completion
of the report. Unless an extension is granted by the board, the
report shall be presented within 90 days of the date of the incident,
misconduct, or other matter investigated.
(d) The record of the investigation prepared pursuant to
subdivision (b) and the final disposition of the incident,
misconduct, or other matter shall be retained in the records of the
board for 10 years after the completion of the investigation and,
except for the items listed in paragraph (11) of subdivision (b),
shall be a public record.
1180.6. (a) The board, after full consideration of the evidence,
report, and recommendations presented by the incident review
committee relating to an incident, misconduct, or other matter
pursuant to Section 1180.3, shall take one or more of the following
actions:
(1) Serve an accusation for suspension or revocation of the pilot'
s or inland pilot's license on the pilot or inland pilot, as provided
in Chapter 5 (commencing with Section 11500) of Part 1 of Division 3
of Title 2 of the Government Code, pursuant to Sections 1181 and
1182.
(2) Enter into a written stipulation for corrective action to be
performed by the pilot or inland pilot, which may include, but is not
limited to, further training or supervised practice trips.
(3) Provide counseling for the pilot or inland pilot relating to
the duties and obligations of a pilot.
(4) Issue a warning letter of reprimand to the pilot or inland
pilot.
(5) Take any other action, as provided in the guidelines adopted
pursuant to subdivision (e).
(6) Close the investigation without further action.
(7) Remand the matter to the incident review committee for further
investigation.
(b) Action required pursuant to subdivision (a) shall be taken by
a majority vote of the board.
(c) A member of the board shall not sit on the board as a trier of
fact for those cases in which he or she has served on the incident
review committee recommending action to the board.
(d) The executive director shall note any action taken by the
board pursuant to this section in a pilot's or inland pilot's record
and shall establish a suspense file to ensure that all training,
practice trips, or other corrective action required to be performed
pursuant to subdivision (a) by the pilot or inland pilot are
completed as required. The executive director shall report to the
board each month on the progress of any training, supervised practice
trips, or other corrective action or the completion of any other
action required pursuant to subdivision (a).
(e) The executive director shall notify the board of a pilot or
inland pilot who fails, or refuses, to complete training, practice
trips, or other corrective action imposed by the board pursuant to
subdivision (a). If the board determines that the pilot or inland
pilot has intentionally failed to complete training, practice trips,
or other corrective action, the board may take additional action as
specified in subdivision (a).
(f) The board shall adopt guidelines for the determination by the
incident review committee of the action to be taken pursuant to
subdivision (a) at the completion of an investigation conducted
pursuant to Section 1180.3.
1181. The license of a pilot or inland pilot may be revoked or
suspended before its expiration only for reasons of misconduct, which
shall include, but not be limited to, the following:
(a) Neglect, for 30 days after it becomes due, to render an
account to the board of all money received for pilotage.
(b) Neglect, for 30 days after it becomes due, to pay over to the
board the percentage of all pilotage money received, as set by the
board.
(c) Rendering to the board a false account of pilotage received.
(d) Absence from duty for more than one month at any one time
without leave granted by the board, unless sickness or personal
injury causes the absence. This subdivision does not apply to inland
pilots.
(e) Refusing to exhibit the pilot or inland pilot license when
requested to do so by the master of any vessel boarded.
(f) Intoxication or being under the influence of any substance or
combination of substances that so affects the nervous system, brain,
or muscles as to impair, to an appreciable degree, the ability to
conduct the duties of a pilot or inland pilot while on duty.
(g) Negligently, ignorantly, or willfully running a vessel on
shore, or otherwise rendering it liable to damage, or otherwise
causing injury to persons or damage to property. However, this
subdivision does not apply to a vessel of less than 300 gross tons
unless a pilot or inland pilot is required by law.
(h) Willful violation of the rules and regulations adopted by the
board for the government of pilots or inland pilots.
(i) Inability to comply with the standards of health or physical
condition requisite to the duties of a pilot or inland pilot, but in
that case the burden of proving compliance with these standards is
upon the licensee, unless prior to the hearing the licensee takes and
passes those tests or examinations required by the board.
(j) Failure or refusal, to complete training, practice trips, or
other corrective action imposed on that pilot or inland pilot by the
board pursuant to Section 1180.6.
1182. If, after a hearing, the board finds that the pilot or inland
pilot is guilty of misconduct sufficient for deprivation of the
license, the board shall revoke or suspend the license of the pilot
or inland pilot. The order shall be entered in the minutes and placed
in the record of the pilot maintained pursuant to Section 1157. The
proceedings shall be conducted in accordance with Chapter 5
(commencing with Section 11500) of Part 1 of Division 3 of Title 2 of
the Government Code, and the board shall have all the powers granted
pursuant to that chapter.
1183. Upon notification of nonrenewal of the license, a pilot or
inland pilot is entitled to a trial and hearing in the same manner
that other charges and accusations against pilots and inland pilots
are tried.
In every case of nonrenewal, suspension, or revocation of the
license of a pilot or inland pilot for cause, the final decision of
the board is subject to judicial review in accordance with law, and
the court shall exercise its independent judgment on the evidence.
1184. The board shall formally review the executive director with
respect to the performance of his or her duties pursuant to this
article at least once each year.
1180. When, in the opinion of the board, there is reasonable cause
to believe that the public interest requires that a pilot or inland
pilot be summarily suspended pending hearing on charges of misconduct
which include any of the causes for suspension or revocation
specified in Section 1181 or when the board has information which
leads it to believe that a pilot or inland pilot has become unable to
comply with the standards of health or physical condition requisite
to a pilot's or inland pilot's duties, the board may, without
hearing, temporarily suspend the license of the pilot or inland pilot
for not exceeding 40 days pending hearing and decision on the
charges. Unless an accusation on the charge is served on the pilot or
inland pilot as provided in Chapter 5 (commencing with Section
11500) of Part 1 of Division 3 of Title 2 of the Government Code,
prior to the close of the sixth day after the suspension becomes
effective, the temporary suspension terminates at the close of the
sixth day.
1180.3. (a) The board shall establish an incident review committee,
which shall be composed of one public member of the board and the
executive director. The board shall delegate to the incident review
committee the responsibility to review all reports of misconduct or
navigational incidents involving pilots or inland pilots or other
matters for which a license issued by the board may be revoked or
suspended. This subdivision does not apply to an incident involving a
pilot or inland pilot aboard a vessel of less than 300 gross tons
unless a pilot or inland pilot is required by law.
(b) The incident review committee, with the assistance of one or
more investigators, shall investigate the incident, misconduct, or
other matter and prepare a written report. The incident review
committee may call witnesses and request additional information if
the incident review committee considers it necessary to conduct a
complete investigation. In performing their duties, the members of
the incident review committee and its investigators shall act fairly
and impartially and shall treat all matters developed or maintained
as required by law. The members of the incident review committee and
the investigators shall not discuss any investigation with the board
or any member of the board until the matter has been finally disposed
of by the incident review committee or final action has been taken
by the board, as appropriate. The board shall specify, by regulation,
the information to be contained in the report, which shall include,
but need not be limited to, the following information relating to the
incident, misconduct, or other matter:
(1) The name of the vessel, date, location, and identification of
the pilot or inland pilot.
(2) A description of the weather and sea conditions.
(3) An illustration and description of the incident, misconduct,
or other matter under investigation.
(4) An estimate of the damages, if any.
(5) The names of the witnesses providing information relating to
the incident, misconduct, or other matter under investigation.
(6) The nature and extent of any injuries.
(7) A summary of any prior investigations of incidents,
misconduct, or other matters involving the same pilot or inland pilot
designated pursuant to paragraph (1).
(8) Any relevant correspondence or records from the United States
Coast Guard relating to the incident, misconduct, or other matter
under investigation.
(9) A historical record of the actions taken in the investigation
and the action taken pursuant to Section 1180.6.
(10) A summary of the factual background of the incident,
misconduct, or other matter investigated.
(11) The following information that is not a part of the public
record:
(A) The report from the pilot or inland pilot.
(B) The confidential report of the investigator.
(c) Unless an accusation for suspension or revocation of the pilot'
s or inland pilot's license is served on the pilot or inland pilot as
provided in Chapter 5 (commencing with Section 11500) of Part 1 of
Division 3 of Title 2 of the Government Code, the incident review
committee shall present the completed investigation report to the
board at the first monthly meeting of the board after the completion
of the report. Unless an extension is granted by the board, the
report shall be presented within 90 days of the date of the incident,
misconduct, or other matter investigated.
(d) The record of the investigation prepared pursuant to
subdivision (b) and the final disposition of the incident,
misconduct, or other matter shall be retained in the records of the
board for 10 years after the completion of the investigation and,
except for the items listed in paragraph (11) of subdivision (b),
shall be a public record.
1180.6. (a) The board, after full consideration of the evidence,
report, and recommendations presented by the incident review
committee relating to an incident, misconduct, or other matter
pursuant to Section 1180.3, shall take one or more of the following
actions:
(1) Serve an accusation for suspension or revocation of the pilot'
s or inland pilot's license on the pilot or inland pilot, as provided
in Chapter 5 (commencing with Section 11500) of Part 1 of Division 3
of Title 2 of the Government Code, pursuant to Sections 1181 and
1182.
(2) Enter into a written stipulation for corrective action to be
performed by the pilot or inland pilot, which may include, but is not
limited to, further training or supervised practice trips.
(3) Provide counseling for the pilot or inland pilot relating to
the duties and obligations of a pilot.
(4) Issue a warning letter of reprimand to the pilot or inland
pilot.
(5) Take any other action, as provided in the guidelines adopted
pursuant to subdivision (e).
(6) Close the investigation without further action.
(7) Remand the matter to the incident review committee for further
investigation.
(b) Action required pursuant to subdivision (a) shall be taken by
a majority vote of the board.
(c) A member of the board shall not sit on the board as a trier of
fact for those cases in which he or she has served on the incident
review committee recommending action to the board.
(d) The executive director shall note any action taken by the
board pursuant to this section in a pilot's or inland pilot's record
and shall establish a suspense file to ensure that all training,
practice trips, or other corrective action required to be performed
pursuant to subdivision (a) by the pilot or inland pilot are
completed as required. The executive director shall report to the
board each month on the progress of any training, supervised practice
trips, or other corrective action or the completion of any other
action required pursuant to subdivision (a).
(e) The executive director shall notify the board of a pilot or
inland pilot who fails, or refuses, to complete training, practice
trips, or other corrective action imposed by the board pursuant to
subdivision (a). If the board determines that the pilot or inland
pilot has intentionally failed to complete training, practice trips,
or other corrective action, the board may take additional action as
specified in subdivision (a).
(f) The board shall adopt guidelines for the determination by the
incident review committee of the action to be taken pursuant to
subdivision (a) at the completion of an investigation conducted
pursuant to Section 1180.3.
1181. The license of a pilot or inland pilot may be revoked or
suspended before its expiration only for reasons of misconduct, which
shall include, but not be limited to, the following:
(a) Neglect, for 30 days after it becomes due, to render an
account to the board of all money received for pilotage.
(b) Neglect, for 30 days after it becomes due, to pay over to the
board the percentage of all pilotage money received, as set by the
board.
(c) Rendering to the board a false account of pilotage received.
(d) Absence from duty for more than one month at any one time
without leave granted by the board, unless sickness or personal
injury causes the absence. This subdivision does not apply to inland
pilots.
(e) Refusing to exhibit the pilot or inland pilot license when
requested to do so by the master of any vessel boarded.
(f) Intoxication or being under the influence of any substance or
combination of substances that so affects the nervous system, brain,
or muscles as to impair, to an appreciable degree, the ability to
conduct the duties of a pilot or inland pilot while on duty.
(g) Negligently, ignorantly, or willfully running a vessel on
shore, or otherwise rendering it liable to damage, or otherwise
causing injury to persons or damage to property. However, this
subdivision does not apply to a vessel of less than 300 gross tons
unless a pilot or inland pilot is required by law.
(h) Willful violation of the rules and regulations adopted by the
board for the government of pilots or inland pilots.
(i) Inability to comply with the standards of health or physical
condition requisite to the duties of a pilot or inland pilot, but in
that case the burden of proving compliance with these standards is
upon the licensee, unless prior to the hearing the licensee takes and
passes those tests or examinations required by the board.
(j) Failure or refusal, to complete training, practice trips, or
other corrective action imposed on that pilot or inland pilot by the
board pursuant to Section 1180.6.
1182. If, after a hearing, the board finds that the pilot or inland
pilot is guilty of misconduct sufficient for deprivation of the
license, the board shall revoke or suspend the license of the pilot
or inland pilot. The order shall be entered in the minutes and placed
in the record of the pilot maintained pursuant to Section 1157. The
proceedings shall be conducted in accordance with Chapter 5
(commencing with Section 11500) of Part 1 of Division 3 of Title 2 of
the Government Code, and the board shall have all the powers granted
pursuant to that chapter.
1183. Upon notification of nonrenewal of the license, a pilot or
inland pilot is entitled to a trial and hearing in the same manner
that other charges and accusations against pilots and inland pilots
are tried.
In every case of nonrenewal, suspension, or revocation of the
license of a pilot or inland pilot for cause, the final decision of
the board is subject to judicial review in accordance with law, and
the court shall exercise its independent judgment on the evidence.
1184. The board shall formally review the executive director with
respect to the performance of his or her duties pursuant to this
article at least once each year.
