2005 California Harbors and Navigation Code Sections 1180-1184 Article 2. Suspension or Revocation of Licenses

1180.  When, in the opinion of the board, there is reasonable cause
to believe that the public interest requires that a pilot or inland
pilot be summarily suspended pending hearing on charges of misconduct
which include any of the causes for suspension or revocation
specified in Section 1181 or when the board has information which
leads it to believe that a pilot or inland pilot has become unable to
comply with the standards of health or physical condition requisite
to a pilot's or inland pilot's duties, the board may, without
hearing, temporarily suspend the license of the pilot or inland pilot
for not exceeding 40 days pending hearing and decision on the
charges.  Unless an accusation on the charge is served on the pilot
or inland pilot as provided in Chapter 5 (commencing with Section
11500) of Part 1 of Division 3 of Title 2 of the Government Code,
prior to the close of the sixth day after the suspension becomes
effective, the temporary suspension terminates at the close of the
sixth day.
1180.3.  (a) The board shall establish an incident review committee,
which shall be composed of one public member of the board and the
executive director.  The board shall delegate to the incident review
committee the responsibility to review all reports of misconduct or
navigational incidents involving pilots or inland pilots or other
matters for which a license issued by the board may be revoked or
suspended.  This subdivision does not apply to an incident involving
a pilot or inland pilot aboard a vessel of less than 300 gross tons
unless a pilot or inland pilot is required by law.
   (b) The incident review committee, with the assistance of one or
more investigators, shall investigate the incident, misconduct, or
other matter and prepare a written report.  The incident review
committee may call witnesses and request additional information if
the incident review committee considers it necessary to conduct a
complete investigation.  In performing their duties, the members of
the incident review committee and its investigators shall act fairly
and impartially and shall treat all matters developed or maintained
as required by law.  The members of the incident review committee and
the investigators shall not discuss any investigation with the board
or any member of the board until the matter has been finally
disposed of by the incident review committee or final action has been
taken by the board, as appropriate.   The board shall specify, by
regulation, the information to be contained in the report, which
shall include, but need not be limited to, the following information
relating to the incident, misconduct, or other matter:
   (1) The name of the vessel, date, location, and identification of
the pilot or inland pilot.
   (2) A description of the weather and sea conditions.
   (3) An illustration and description of the incident, misconduct,
or other matter under investigation.
   (4) An estimate of the damages, if any.
   (5) The names of the witnesses providing information relating to
the incident, misconduct, or other matter under investigation.
   (6) The nature and extent of any injuries.
   (7) A summary of any prior investigations of incidents,
misconduct, or other matters involving the same pilot or inland pilot
designated pursuant to paragraph (1).
   (8) Any relevant correspondence or records from the United States
Coast Guard relating to the incident, misconduct, or other matter
under investigation.
   (9) A historical record of the actions taken in the investigation
and the action taken pursuant to Section 1180.6.
   (10) A summary of the factual background of the incident,
misconduct, or other matter investigated.
   (11) The following information that is not a part of the public
record:
   (A) The report from the pilot or inland pilot.
   (B) The confidential report of the investigator.
   (c) Unless an accusation for suspension or revocation of the pilot'
s or inland pilot's license is served on the pilot or inland pilot as
provided in Chapter 5 (commencing with Section 11500) of Part 1 of
Division 3 of Title 2 of the Government Code, the incident review
committee shall present the completed investigation report to the
board at the first monthly meeting of the board after the completion
of the report.  Unless an extension is granted by the board, the
report shall be presented within 90 days of the date of the incident,
misconduct, or other matter investigated.
   (d) The record of the investigation prepared pursuant to
subdivision (b) and the final disposition of the incident,
misconduct, or other matter shall be retained in the records of the
board for 10 years after the completion of the investigation and,
except for the items listed in paragraph (11) of subdivision (b),
shall be a public record.
1180.6.  (a) The incident review committee, after full consideration
of the evidence relating to the investigation of an incident,
misconduct, or other matter pursuant to Section 1180.3, shall, at the
conclusion of the investigation, take one of the following actions:
   (1) Serve an accusation for suspension or revocation of the pilot'
s or inland pilot's license on the pilot or inland pilot, as provided
in Chapter 5 (commencing with Section 11500) of Part 1 of Division 3
of Title 2 of the Government Code, pursuant to Sections 1181 and
1182.
   (2) Enter into a written stipulation for corrective action to be
performed by the pilot or inland pilot, which may include, but is not
limited to, further training or supervised practice trips.  A
written stipulation may provide that it may be referred to and
considered following a finding of fault in any subsequent accusation
brought against the same pilot or inland pilot for the purpose of
considering an appropriate sanction.  A written stipulation shall not
be used for any purpose more than five years after the date of its
execution.
   (3) Provide counselling for the pilot or inland pilot relating to
the duties and obligations of a pilot.
   (4) Issue a warning letter of reprimand to the pilot or inland
pilot.
   (5) Take any other action, as provided in the guidelines adopted
pursuant to subdivision (e).
   (6) Close the investigation without further action.
   (b) Action shall be taken by the incident review committee
pursuant to subdivision (a) only if both members of the incident
review committee agree on the course of action.  If agreement cannot
be reached between the board member serving on the incident review
committee and the executive director concerning appropriate action,
the president of the board shall appoint one additional public member
of the board to serve on the incident review committee until there
is final disposition of the case.  Action required pursuant to
subdivision (a) shall then be taken by a majority vote of the
incident review committee.
   (c) No member of the board shall sit on the board as a trier of
fact for those cases where he or she has served on the incident
review committee recommending action to the board.
   (d) The executive director shall establish a suspense file to
ensure that all training, practice trips, or other corrective action
required to be performed pursuant to subdivision (a) by the pilot or
inland pilot are completed as required.  The executive director shall
report to the board each month on the progress of any training,
supervised practice trips, or other corrective action or the
completion of any other action required pursuant to subdivision (a).
   (e) The board shall adopt guidelines for the determination by the
incident review committee of the action to be taken pursuant to
subdivision (a) at the completion of any investigation conducted
pursuant to Section 1180.3.
1181.  The license of a pilot or inland pilot may be revoked or
suspended before its expiration only for reasons of misconduct, which
shall include, but not be limited to, the following:
   (a) Neglect, for 30 days after it becomes due, to render an
account to the board of all money received for pilotage.
   (b) Neglect, for 30 days after it becomes due, to pay over to the
board the percentage of all pilotage money received, as set by the
board.
   (c) Rendering to the board a false account of pilotage received.
   (d) Absence from duty for more than one month at any one time
without leave granted by the board, unless sickness or personal
injury causes the absence.  This subdivision does not apply to inland
pilots.
   (e) Refusing to exhibit the pilot or inland pilot license when
requested to do so by the master of any vessel boarded.
   (f) Intoxication or being under the influence of any substance or
combination of substances which so affects the nervous system, brain,
or muscles as to impair, to an appreciable degree, the ability to
conduct the duties of a pilot or inland pilot while on duty.
   (g) Negligently, ignorantly, or willfully running any vessel on
shore, or otherwise rendering it liable to damage, or otherwise
causing injury to persons or damage to property.  However, this
subdivision does not apply to a vessel of less than 300 gross tons
unless a pilot or inland pilot is required by law.
   (h) Willful violation of the rules and regulations adopted by the
board for the government of pilots or inland pilots.
   (i) Inability to comply with the standards of health or physical
condition requisite to the duties of a pilot or inland pilot, but in
that case the burden of proving compliance with these standards is
upon the licensee, unless prior to the hearing the licensee takes and
passes those tests or examinations required by the board.
1182.  If, after a hearing, the board finds that the pilot or inland
pilot is guilty of any misconduct sufficient for deprivation of the
license, the board shall revoke or suspend the license of the pilot
or inland pilot.  The order shall be entered of record in the minutes
by the administrative assistant/secretary.  The proceedings shall be
conducted in accordance with Chapter 5 (commencing with Section
11500) of Part 1 of Division 3 of Title 2 of the Government Code, and
the board shall have all the powers granted therein.
1183.  Upon notification of nonrenewal of the license, a pilot or
inland pilot is entitled to a trial and hearing in the same manner
that other charges and accusations against pilots and inland pilots
are tried.
   In every case of nonrenewal, suspension, or revocation of the
license of a pilot or inland pilot for cause, the final decision of
the board is subject to judicial review in accordance with law, and
the court shall exercise its independent judgment on the evidence.
1184.  The board shall formally review the executive director with
respect to the performance of his or her duties pursuant to this
article at least once each year.