(a) Subject to the hearing provisions of § 11-410 of this subtitle, the Board may deny a license to any applicant, reprimand any licensee, or suspend or revoke a license if the applicant or licensee:
(1) fraudulently or deceptively obtains or attempts to obtain a license for the applicant or licensee or for another;
(2) fraudulently or deceptively uses a license;
(3) under the laws of the United States or of any state, is convicted of:
(i) a felony; or
(ii) a misdemeanor that is directly related to the fitness and qualification of the applicant or licensee to provide pilotage;
(4) pilots or attempts to pilot a vessel while under the influence of:
(i) alcohol;
(ii) narcotics; or
(iii) any other substance that impairs the physical or mental ability of the pilot to perform in a safe manner;
(5) pilots a vessel in a negligent or reckless manner;
(6) anchors a vessel during a pilotage transit unless:
(i) the anchorage was ordered by the master of the vessel; or
(ii) the anchorage was necessary for reasons of safety or prudent navigation;
(7) violates the conflict-of-interest provisions of § 11-603 of this title;
(8) violates any regulation adopted by the Board; or
(9) violates any order passed by the Board.
Revocation for lapse in pilotage
(b)(1) Subject to the hearing provisions of § 11-410 of this subtitle, the Board shall revoke the license of any pilot who does not provide pilotage for 1 year.
(2) Notwithstanding paragraph (1) of this subsection, the Board may not revoke a license under this subsection if the failure of the pilot to provide pilotage was due to:
(i) sickness of the pilot; or
(ii) assignment to administrative duties.
Refusal to aid vessel in distress
(c) Subject to the hearing provisions of § 11-410 of this subtitle, the Board shall revoke the license of a pilot who, after receiving notice, refuses to aid a vessel in distress:
(1) within 18 nautical miles south of Cape Henry;
(2) within 18 nautical miles east of Cape Henry;
(3) in the Chesapeake Bay; or
(4) in the ports of Maryland.
Fines
(d)(1) Instead of or in addition to suspending or revoking a license under subsection (a) of this section, the Board may impose a penalty not to exceed $2,000 for each violation.
(2) To determine the amount of the penalty imposed under this subsection, the Board shall consider:
(i) the seriousness of the violation;
(ii) the harm caused by the violation;
(iii) the good faith of the licensee; and
(iv) any history of previous violations by the licensee.
Felony or misdemeanor convictions
(e) The Board shall consider the following facts in the granting, denial, renewal, suspension, or revocation of a license or the reprimand of a licensee when an applicant or licensee is convicted of a felony or misdemeanor described in subsection (a)(3) of this section:
(1) the nature of the crime;
(2) the relationship of the crime to the activities authorized by the license;
(3) with respect to a felony, the relevance of the conviction to the fitness and qualification of the applicant or licensee to provide pilotage;
(4) the length of time since the conviction; and
(5) the behavior and activities of the applicant or licensee before and after the conviction.
Credits
Added by Acts 1989, c. 3, § 1, eff. Oct. 1, 1989. Amended by Acts 1992, c. 222; Acts 1998, c. 342, § 1, eff. July 1, 1998; Acts 2004, c. 520, § 2, eff. Oct. 1, 2004.
Formerly Art. 74, §§ 4, 7, 12.
MD Code, Business Occupations & Professions, § 11-409, MD BUS OCCUP & PROF § 11-409
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
