NY Nav L § 94 (2021)
2021 New York Laws NAV - Navigation Article 6 - Pilots and Pilotage Fees, Port of New York 94 - Suspension or Revocation of Licenses; Suspension of Pilots.

§ 94. Suspension  or  revocation of licenses; suspension of pilots. 1.   If any pilot licensed under this article shall become intoxicated  while   in charge of any ship or vessel as pilot, he shall forfeit his pilotage,   and  be  suspended from duty for six months, for the first offense.  For   the second offense, he shall be deprived  of  his  license  and  forever   thereafter  be  incapable  of  acting  as a pilot. Such penalties or any   other forfeitures or penalties incurred by virtue of this article, or by   the rules  and  regulations  of  the  board  of  commissioners  made  in   conformity  with  this  article,  shall not be imposed unless such pilot   shall have been first summoned.2. The commissioners may suspend any pilot licensed under this article   at any time for any period they may deem  proper,  and  may  revoke  and   annul  any license which shall have been granted upon satisfactory proof   of negligence, carelessness,  wilful  dereliction  of  duty,  or  wilful   disobedience  by  such  pilot of any lawful rule or regulation duly made   and promulgated by the commissioners. The pilot  so  suspended,  at  any   time,  upon due notice, may appeal to the commissioners for a re-hearing   of his case, and such commissioners  shall  have  power  to  confirm  or   reverse the previous decision.3.  The  board of commissioners may revoke or annul the license of any   Sandy Hook pilot who shall not be entitled to  the  use  of  such  pilot   boats as shall have been approved by the commissioners.4.  It  shall be the duty of the commissioners to hear and examine all   complaints duly made in writing against any pilot  or  person  connected   with  a pilot boat, for any misbehavior or neglect of duty, or breach of   their rules or  regulations,  which  they  shall  deem  material  to  be   investigated.    They shall also hear and examine all complaints made in   like manner by any licensed pilot against any master, owner,  or  seaman   of a vessel, for any misbehavior toward such pilot in the performance of   his duty, or any breach of such rules or regulations.5.  Before any person shall be proceeded against on any complaint, and   before any pilot may be removed or suspended for longer than one  month,   such  person  or  pilot  shall  be  notified,  in writing, signed by the   secretary, to appear before the board  of  commissioners.  Such  notice,   which shall specify the nature and substance of such complaint and shall   be  served  personally  at  least  five  days  before the time fixed for   appearance. The commissioners shall postpone  or  adjourn  such  hearing   from time to time for just cause. The certificate of such commissioners,   or of a majority of them, with proof of such service of notice, shall be   prima facie evidence that the party upon whom the notice was served, and   upon whom a fine or penalty was thereupon imposed, is liable to pay such   fine or penalty.6.  The  secretary, under the supervision of the commissioners, and at   the instance either of the complaining or defending party,  shall  issue   subpoenas   to   compel   the   attendance   of   witnesses  before  the   commissioners, in all cases which they are empowered to hear and examine   under this article. The commissioners  shall  examine  on  oath,  to  be   administered by them, all such witnesses who in their opinion shall give   material  testimony.  A  subpoena  issued  under  this  section shall be   regulated by the civil practice law and rules except that fees shall  be   paid by the person on whose behalf the subpoena is issued.7.  Whenever  any pilot shall be suspended, he shall forthwith deliver   up his branch or license to the board which shall retain  it  until  the   time  of  suspension  shall  expire.  Any such suspended pilot who shall   refuse to deliver up such branch or license  shall  be  subjected  to  a   penalty of one hundred dollars for each and every such refusal.