(a)Subject to the hearing provisions of § 11-410 of this subtitle, the Board may deny a license to any applicant, reprimand any licensee, or suspend or revoke a license if the applicant or licensee:
(1)fraudulently or deceptively obtains or attempts to obtain a license for the applicant or licensee or for another;
(2)fraudulently or deceptively uses a license;
(3)under the laws of the United States or of any state, is convicted of:
(ii)a misdemeanor that is directly related to the fitness and qualification of the applicant or licensee to provide pilotage;
(4)pilots or attempts to pilot a vessel while under the influence of:
Free access — add to your briefcase to read the full text and ask questions with AI
(a) Subject to the hearing provisions of § 11-410 of this subtitle, the Board may deny a license to any applicant, reprimand any licensee, or suspend or revoke a license if the applicant or licensee:
(1) fraudulently or deceptively obtains or attempts to obtain a license for the applicant or licensee or for another;
(2) fraudulently or deceptively uses a license;
(3) under the laws of the United States or of any state, is convicted of:
(i) a felony; or
(ii) a misdemeanor that is directly related to the fitness and qualification of the applicant or licensee to provide pilotage;
(4) pilots or attempts to pilot a vessel while under the influence of:
(i) alcohol;
(ii) narcotics; or
(iii) any other substance that impairs the physical or mental ability of the pilot to perform in a safe manner;
(5) pilots a vessel in a negligent or reckless manner;
(6) anchors a vessel during a pilotage transit unless:
(i) the anchorage was ordered by the master of the vessel; or
(ii) the anchorage was necessary for reasons of safety or prudent navigation;
(7) violates the conflict-of-interest provisions of § 11-603 of this title;
(8) violates any regulation adopted by the Board; or
(9) violates any order passed by the Board.
(b) (1) Subject to the hearing provisions of § 11-410 of this subtitle, the Board shall revoke the license of any pilot who does not provide pilotage for 1 year.
(2) Notwithstanding paragraph (1) of this subsection, the Board may not revoke a license under this subsection if the failure of the pilot to provide pilotage was due to:
(i) sickness of the pilot; or
(ii) assignment to administrative duties.
(c) Subject to the hearing provisions of § 11-410 of this subtitle, the Board shall revoke the license of a pilot who, after receiving notice, refuses to aid a vessel in distress:
(1) within 18 nautical miles south of Cape Henry;
(2) within 18 nautical miles east of Cape Henry;
(3) in the Chesapeake Bay; or
(4) in the ports of Maryland.
(d) (1) Instead of or in addition to suspending or revoking a license under subsection (a) of this section, the Board may impose a penalty not to exceed $2,000 for each violation.
(2) To determine the amount of the penalty imposed under this subsection, the Board shall consider:
(i) the seriousness of the violation;
(ii) the harm caused by the violation;
(iii) the good faith of the licensee; and
(iv) any history of previous violations by the licensee.
(e) The Board shall consider the following facts in the granting, denial, renewal, suspension, or revocation of a license or the reprimand of a licensee when an applicant or licensee is convicted of a felony or misdemeanor described in subsection (a)(3) of this section:
(1) the nature of the crime;
(2) the relationship of the crime to the activities authorized by the license;
(3) with respect to a felony, the relevance of the conviction to the fitness and qualification of the applicant or licensee to provide pilotage;
(4) the length of time since the conviction; and
(5) the behavior and activities of the applicant or licensee before and after the conviction.