Section 221 - Charges and Proceedings Concerning Licenses(a) When an accusation recommending the suspension or revocation of a pilot's license has been filed with the Board pursuant to subsection (e) of Section 210, the accusation shall be served on the pilot in accordance with Section 11505 of the Government Code. A hearing shall be conducted in accordance with the provisions of Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code to determine if cause exists to take action against the license of the pilot who is the subject of the accusation. At such a hearing, the Board shall have all the powers granted therein and by the Code.(b) If the Board finds reasonable cause to believe that the public interest requires that the license of a pilot be summarily suspended pending a hearing on charges of violating the Code or the regulations issued by the Board, or of other misconduct, the Board may, without a hearing, temporarily suspend the license of the pilot involved for a period not exceeding 40 days pending a hearing and decision on the charges. Thereafter, unless an accusation on the charges is served on the pilot as provided in Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, within six days after the suspension becomes effective, the suspension shall terminate at the end of the sixth day. The Board may revoke the temporary suspension at any time it determines that the public interest no longer requires it.(c) If a hearing on an accusation against a pilot results in a finding of misconduct, the Board may order the pilot's license revoked, suspended outright for a specified period of time, or suspended on probationary restriction for a specified period of time on such terms and conditions of probation as in its judgment are supported by its findings. The Board may also issue such other lawful orders it considers to be appropriate on the basis of its findings.(d) The license of a pilot who is the subject of a pending accusation shall be subject to renewal or non-renewal on the same terms and conditions as if the accusation were not pending. The renewal of the license of a pilot against whom an accusation is pending shall not be used as evidence in any manner in connection with or at the hearing on the pending accusation.(e) An accusation may be terminated by written stipulation at any time prior to the conclusion of the hearing on the accusation. Any such stipulation shall comply with the provisions of subsection (e) of Section 210. If a pilot submits a proposed stipulation to the Board for its consideration and the Board subsequently declines to accept the proposed stipulation, the Board shall not thereafter be disqualified from hearing evidence on the accusation and taking action thereon as authorized in subsection (c) of this section. However, the Board shall not consider the proposed stipulation as evidence for any purpose, and its decisions shall be based solely on the evidence presented to it at the hearing.(f) The Board may at any time between the service of an accusation and the hearing thereon act to summarily suspend from duty the pilot who is the subject of the accusation. Under such circumstances, the suspension shall remain in effect until further order of the Board, but in no case shall the suspension exceed 40 days.Cal. Code Regs. Tit. 7, § 221
1. Renumbering and amendment of former section 219 to section 221 filed 8-12-93; operative 9-13-93 (Register 93, No. 33).
2. Amendment of subsection (a) and NOTE filed 1-26-96; operative 2-25-96 (Register 96, No. 4).
3. Amendment filed 6-3-2003; operative 7-3-2003 (Register 2003, No. 23).
4. Amendment of subsections (a) and (e) filed 7-13-2011; operative 8-12-2011 (Register 2011, No. 28).
5. Amendment filed 1-24-2014; operative 4-1-2014 (Register 2014, No. 4). Note: Authority cited: Section 1154, Harbors and Navigation Code. Reference: Sections 1106, 1150(d), 1180, 1180.3, 1180.6, 1181, 1182 and 1183, Harbors and Navigation Code.
1. Renumbering and amendment of former section 219 to section 221 filed 8-12-93; operative 9-13-93 (Register 93, No. 33).
2. Amendment of subsection (a) and Note filed 1-26-96; operative 2-25-96 (Register 96, No. 4).
3. Amendment filed 6-3-2003; operative 7-3-2003 (Register 2003, No. 23).
4. Amendment of subsections (a) and (e) filed 7-13-2011; operative 8-12-2011 (Register 2011, No. 28).
5. Amendment filed 1-24-2014; operative 4-1-2014 (Register 2014, No. 4).