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 5 - Licensing › Section 217.40 - Proceedings Following NFFD Determinations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If
				the Board seeks the revocation or suspension of a pilot's license following a
				determination of NFFD, it shall file an accusation and proceed with a formal
				hearing under the provisions of Sections
				1181,
				1182, and
				1183 of the Code and Chapter 5
				(commencing with Section
				11500) of Part 1 of Division 3 of
				Title 2 of the Government Code.
(b)
				An applicant for renewal of a pilot's license whose license is not renewed
				following determination of NFFD and a person whose application for original
				licensure is either denied or its consideration suspended based on a
				determination of NFFD may within 30 days of the date of the notification of the
				action taken file a written notice of appeal with the Board. Upon filing of a
				timely notice of appeal, the Board shall schedule the matter for a formal
				hearing under the provisions of Sections
				1177.5(a) and
				1183 of the Code and Chapter 5
				(commencing with Section
				11500) of Part 1 of Division 3 of
				Title 2 of the Government Code.
(c)
				Pilot trainees who are determined to be NFFD and who as a result are either
				terminated from the pilot trainee training program or placed on leave from the
				program may appeal these actions. A person offered a position in the pilot
				trainee training program but who is denied entry into the program because
				determined to be NFFD prior to entry into the training program has no right of
				appeal. The appeal authorized by this subsection shall proceed in the following
				manner and in accordance with the following procedures:
(1) An appellant shall file a written notice
				of appeal with the Board within 30 days of the date of the notification by the
				Executive Director that the appellant has been terminated or placed on leave
				from the pilot trainee training program. The appeal shall be accompanied by a
				physician's written report setting forth the results of a fitness evaluation
				conducted by a physician of the appellant's choice. The fitness evaluation
				shall include, at minimum, a physical examination. The written report of the
				appellant's physician shall contain an opinion whether the appellant is FFD or
				NFFD, explain the basis for that opinion, and include any information that was
				relied upon in reaching that opinion. This fitness evaluation and report shall
				be completed at appellant's own expense.
(2) The Executive Director shall provide the
				Medical Review Officer with the report completed by appellant's physician, and
				a Board-appointed physician shall evaluate the appellant's fitness for duty at
				Board expense. The fitness evaluation shall include a physical examination. The
				Board-appointed physician who determined the appellant to be NFFD shall conduct
				this additional fitness evaluation. The Executive Director shall notify the
				appellant in writing of the date, time, and location of the physical
				examination. The Board-appointed physician performing the fitness evaluation
				shall complete a written report of the fitness evaluation, which shall contain
				an opinion whether the appellant is FFD or NFFD, explain the basis for that
				opinion, and include any information that was relied upon in reaching that
				opinion. If the Board-appointed physician relies on information developed
				during the fitness evaluation that led to the original determination, prior to
				the appeal, of NFFD, then that information, including any relevant written
				material from the first fitness evaluation, shall be submitted with the report.
				The report shall comment on the fitness determination made by appellant's
				physician.
(3) The Executive
				Director shall provide to appellant's physician, by the U.S. Postal Service or
				overnight delivery service, the report of the additional fitness evaluation and
				all written material developed in connection with the fitness evaluation that
				led to the initial determination, prior to the appeal, of NFFD. The appellant's
				physician shall have 30 days following the Executive Director's deposit of this
				material with the U.S. Postal Service or an overnight delivery service in which
				to submit to the Board in writing any comments on this additional fitness
				determination concerning the appellant.
(4) The hearing on the appeal shall be before
				the Board and shall be informal. All medical reports prepared in response to
				the appeal, including material relied upon from earlier fitness evaluations,
				shall be made part of the record before the Board. The hearing will be
				conducted in accordance with the informal hearing procedure set forth in
				Sections
				11445.10
				through
				11445.60
				of the Government Code.
(A) Failure of the
				appellant to proceed at the time set for the appeal hearing before the Board
				shall be deemed a withdrawal of the appeal unless the hearing is continued for
				good cause.
(B) The presiding
				officer may order closure of the hearing or make other protective orders to the
				extent necessary or proper for the purposes set forth in Government Code
				Section
				11425.20,
				including maintaining the confidentiality of the medical or disability
				information of a pilot under Harbors and Navigation Code Section
				1157.1.
(C) The decision by the Board shall contain
				the following determinations:
1. Whether the
				appellant is FFD or NFFD.
2. If the
				trainee is NFFD, whether the trainee should be terminated from the training
				program or continued on leave from the training program for some period up to,
				but not exceeding, one year from the date of the Board's decision on
				appeal.