California Code of Regulations › Title 7 - Harbors and Navigation › Division 2 - State Board of Pilot Commissioners for the Bays of San Francisco, San Pablo and Suisun › Article 6 - Government of Pilots, Inland Pilots and Trainees › Section 221 - Charges and Proceedings Concerning Licenses

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				When an accusation recommending the suspension or revocation of a pilot's
				license has been filed with the Board pursuant to subsection (e) of Section
				210, the accusation shall be served
				on the pilot in accordance with Section
				11505 of
				the Government Code. A hearing shall be conducted in accordance with the
				provisions of Chapter 5 (commencing with Section
				11500) of Part 1 of Division 3 of
				Title 2 of the Government Code to determine if cause exists to take action
				against the license of the pilot who is the subject of the accusation. At such
				a hearing, the Board shall have all the powers granted therein and by the
				Code.
(b) If the Board finds
				reasonable cause to believe that the public interest requires that the license
				of a pilot be summarily suspended pending a hearing on charges of violating the
				Code or the regulations issued by the Board, or of other misconduct, the Board
				may, without a hearing, temporarily suspend the license of the pilot involved
				for a period not exceeding 40 days pending a hearing and decision on the
				charges. Thereafter, unless an accusation on the charges is served on the pilot
				as provided in Chapter 5 (commencing with Section
				11500) of Part 1 of Division 3 of
				Title 2 of the Government Code, within six days after the suspension becomes
				effective, the suspension shall terminate at the end of the sixth day. The
				Board may revoke the temporary suspension at any time it determines that the
				public interest no longer requires it.
(c) If a hearing on an accusation against a
				pilot results in a finding of misconduct, the Board may order the pilot's
				license revoked, suspended outright for a specified period of time, or
				suspended on probationary restriction for a specified period of time on such
				terms and conditions of probation as in its judgment are supported by its
				findings. The Board may also issue such other lawful orders it considers to be
				appropriate on the basis of its findings.
(d) The license of a pilot who is the subject
				of a pending accusation shall be subject to renewal or non-renewal on the same
				terms and conditions as if the accusation were not pending. The renewal of the
				license of a pilot against whom an accusation is pending shall not be used as
				evidence in any manner in connection with or at the hearing on the pending
				accusation.
(e) An accusation may
				be terminated by written stipulation at any time prior to the conclusion of the
				hearing on the accusation. Any such stipulation shall comply with the
				provisions of subsection (e) of Section
				210. If a pilot submits a proposed
				stipulation to the Board for its consideration and the Board subsequently
				declines to accept the proposed stipulation, the Board shall not thereafter be
				disqualified from hearing evidence on the accusation and taking action thereon
				as authorized in subsection (c) of this section. However, the Board shall not
				consider the proposed stipulation as evidence for any purpose, and its
				decisions shall be based solely on the evidence presented to it at the
				hearing.
(f) The Board may at any
				time between the service of an accusation and the hearing thereon act to
				summarily suspend from duty the pilot who is the subject of the accusation.
				Under such circumstances, the suspension shall remain in effect until further
				order of the Board, but in no case shall the suspension exceed 40
				days.
1. Renumbering
				  and amendment of former section
				  219 to section
				  221 filed 8-12-93; operative
				  9-13-93 (Register 93, No. 33).
2. Amendment of subsection (a) and
				  NOTE filed 1-26-96; operative 2-25-96 (Register 96, No. 4).
3.
				  Amendment filed 6-3-2003; operative 7-3-2003 (Register 2003, No.
				  23).
4. Amendment of subsections (a) and (e) filed 7-13-2011;
				  operative 8-12-2011 (Register 2011, No. 28).
5. Amendment filed
				  1-24-2014; operative 4-1-2014 (Register 2014, No. 4).
Note: Authority cited: Section
					 1154,
					 Harbors and Navigation Code. Reference: Sections
					 1106,
					 1150(d),
					 1180,
					 1180.3,
					 1180.6,
					 1181,
					 1182
					 and
					 1183,
					 Harbors and Navigation Code.