Current with changes from the 2024 Legislative Session
Section 11-409 - Denials, reprimands, suspensions, and revocations - Grounds; alternative or additional penalty(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: (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: (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.