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 217.35 - Consequences of Not Fit for Duty Determination

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If
				a Board-appointed physician determines that a pilot or an applicant for renewal
				of a pilot license is NFFD, the Executive Director shall immediately place the
				pilot or applicant on medical disability leave and notify the person in writing
				that he or she has been placed on medical disability leave. Regarding an
				applicant for renewal of a pilot license, the Executive Director shall also
				notify the applicant of the nonrenewal of the license. A pilot or applicant who
				has been placed on medical disability leave shall not exercise any of the
				duties of a pilot until determined to be FFD in accordance with this article
				and the Executive Director notifies the person in writing that the medical
				disability leave is terminated. If a pilot license expires during medical
				disability leave, the application period for renewal is tolled and the holder
				of the expired license may commence application for renewal within 30 days
				after the termination of the medical disability leave.
(b) If a Board-appointed physician determines
				that a pilot trainee is NFFD, the Executive Director shall immediately notify
				the trainee in writing either that the trainee is terminated from the pilot
				trainee training program or that the trainee is placed on leave from the
				program for a maximum period of one year, subject to attaining FFD status
				within that period. A pilot trainee who has been placed on leave from the
				program shall not participate in the program until determined to be FFD in
				accordance with this article and the Executive Director notifies the trainee in
				writing that the leave from the program is terminated.
(c) If a Board-appointed physician determines
				that an applicant for an original pilot license is NFFD, the Executive Director
				shall immediately notify the applicant in writing either that the application
				is denied or that consideration of the application is suspended for a maximum
				period of one year, subject to attaining FFD status within that period. A
				suspended application shall not be subject to consideration until the applicant
				is determined to be FFD in accordance with this article and the Executive
				Director notifies the applicant in writing that the application is again
				subject to consideration.
(d) If a
				Board-appointed physician determines that a person who has been offered a
				position in the training program is NFFD, the Executive Director shall notify
				the applicant in writing that his or her application has been denied without
				prejudice to future consideration for a position in the training program and
				that the applicant's position on the eligibility list will remain unaffected.
				The person shall not again be eligible for consideration for a position in the
				training program until determined to be FFD in accordance with this article and
				the Executive Director notifies the person in writing that he or she is again
				subject to consideration for future openings in the training program.
(e) Notifications by the Executive Director
				concerning fitness determinations shall be sent to the mailing address of the
				recipient on file with the Board and also shall be sent by electronic mail to
				the e-mail address, if any, designated by the recipient and on file with the
				Board. Concerning notification of NFFD determinations, the Executive Director
				shall prepare and keep on file a declaration of service for all such
				notifications.
1. New section
				  filed 1-24-2014; operative 4-1-2014 (Register 2014, No. 4).
Note: Authority cited: Section
					 1154,
					 Harbors and Navigation Code. Reference: Sections
					 1101,
					 1141,
					 1157,
					 1157.1,
					 1157.2,
					 1157.3,
					 1157.4,
					 1171,
					 1171.5,
					 1176,
					 1176.5,
					 1180,
					 1181,
					 1182
					 and
					 1183,
					 Harbors and Navigation Code.