§ 94 — Suspension or revocation of licenses; suspension of pilots

§ 94. Suspension or revocation of licenses; suspension of pilots. 1.\nIf any pilot licensed under this article shall become intoxicated while\nin charge of any ship or vessel as pilot, he shall forfeit his pilotage,\nand be suspended from duty for six months, for the first offense. For\nthe second offense, he shall be deprived of his license and forever\nthereafter be incapable of acting as a pilot. Such penalties or any\nother forfeitures or penalties incurred by virtue of this article, or by\nthe rules and regulations of the board of commissioners made in\nconformity with this article, shall not be imposed unless such pilot\nshall have been first summoned.\n 2. The commissioners may suspend any pilot licensed under this article\nat any time for any period they may deem proper, and may revoke and\nannul any license which shall have been granted upon satisfactory proof\nof negligence, carelessness, wilful dereliction of duty, or wilful\ndisobedience by such pilot of any lawful rule or regulation duly made\nand promulgated by the commissioners. The pilot so suspended, at any\ntime, upon due notice, may appeal to the commissioners for a re-hearing\nof his case, and such commissioners shall have power to confirm or\nreverse the previous decision.\n 3. The board of commissioners may revoke or annul the license of any\nSandy Hook pilot who shall not be entitled to the use of such pilot\nboats as shall have been approved by the commissioners.\n 4. It shall be the duty of the commissioners to hear and examine all\ncomplaints duly made in writing against any pilot or person connected\nwith a pilot boat, for any misbehavior or neglect of duty, or breach of\ntheir rules or regulations, which they shall deem material to be\ninvestigated. They shall also hear and examine all complaints made in\nlike manner by any licensed pilot against any master, owner, or seaman\nof a vessel, for any misbehavior toward such pilot in the performance of\nhis duty, or any breach of such rules or regulations.\n 5. Before any person shall be proceeded against on any complaint, and\nbefore any pilot may be removed or suspended for longer than one month,\nsuch person or pilot shall be notified, in writing, signed by the\nsecretary, to appear before the board of commissioners. Such notice,\nwhich shall specify the nature and substance of such complaint and shall\nbe served personally at least five days before the time fixed for\nappearance. The commissioners shall postpone or adjourn such hearing\nfrom time to time for just cause. The certificate of such commissioners,\nor of a majority of them, with proof of such service of notice, shall be\nprima facie evidence that the party upon whom the notice was served, and\nupon whom a fine or penalty was thereupon imposed, is liable to pay such\nfine or penalty.\n 6. The secretary, under the supervision of the commissioners, and at\nthe instance either of the complaining or defending party, shall issue\nsubpoenas to compel the attendance of witnesses before the\ncommissioners, in all cases which they are empowered to hear and examine\nunder this article. The commissioners shall examine on oath, to be\nadministered by them, all such witnesses who in their opinion shall give\nmaterial testimony. A subpoena issued under this section shall be\nregulated by the civil practice law and rules except that fees shall be\npaid by the person on whose behalf the subpoena is issued.\n 7. Whenever any pilot shall be suspended, he shall forthwith deliver\nup his branch or license to the board which shall retain it until the\ntime of suspension shall expire. Any such suspended pilot who shall\nrefuse to deliver up such branch or license shall be subjected to a\npenalty of one hundred dollars for each and every such refusal.\n