2013 Maryland Code
BUSINESS OCCUPATIONS AND PROFESSIONS
§ 11-409 - Denials, reprimands, suspensions, and revocations -- Grounds; alternative or additional penalty

§11-409.

(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.

(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.

(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.

(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.

(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.