Section 11-409 - Denials, reprimands, suspensions, and revocations - Grounds; alternative or additional penalty.

§ 11-409. Denials, reprimands, suspensions, and revocations - Grounds; alternative or additional penalty.
 

(a)  Grounds generally.- 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)  Failure to provide pilotage.-  

(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)  Refusal to aid vessel in distress.- 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)  Alternative or additional penalty.-  

(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)  Facts considered.- 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. 
 

[An. Code 1957, art. 74, §§ 4, 7, 12; 1989, ch. 3, § 1; 1992, ch. 222; 1998, ch. 342; 2004, ch. 520, § 2.]