Article 2. Suspension Or Revocation Of Licenses of California Harbors And Navigation Code >> Division 5. >> Chapter 4. >> Article 2.
If, in the opinion of the board, there is reasonable cause to
believe that the public interest requires that a pilot be summarily
suspended pending hearing on charges of misconduct that include any
of the causes for suspension or revocation specified in Section 1181
or if the board has information that leads it to believe that a pilot
has become unable to comply with the standards of health or physical
condition requisite to a pilot's duties, the board may, without
hearing, temporarily suspend the license of the pilot for not
exceeding 40 days pending hearing and decision on the charges. Unless
an accusation on the charge 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, prior to the close of the sixth day
after the suspension becomes effective, the temporary suspension
terminates at the close of the sixth day.
(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 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 aboard a
vessel of less than 300 gross tons unless a 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
(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 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
(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
(A) The report from the pilot.
(B) The confidential report of the investigator.
(c) Unless an accusation for suspension or revocation of the pilot'
s license 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, 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
(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.
(a) The board, after full consideration of the evidence,
report, and recommendations presented by the incident review
committee relating to an incident, misconduct, or other matter
pursuant to Section 1180.3, shall take one or more of the following
(1) Serve an accusation for suspension or revocation of the pilot'
s license 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, pursuant to Sections 1181 and 1182.
(2) Enter into a written stipulation for corrective action to be
performed by the pilot, which may include, but is not limited to,
further training or supervised practice trips.
(3) Provide counseling for the pilot relating to the duties and
obligations of a pilot.
(4) Issue a warning letter of reprimand to the pilot.
(5) Take any other action, as provided in the guidelines adopted
pursuant to subdivision (e).
(6) Close the investigation without further action.
(7) Remand the matter to the incident review committee for further
(b) Action required pursuant to subdivision (a) shall be taken by
a majority vote of the board.
(c) A member of the board shall not sit on the board as a trier of
fact for those cases in which he or she has served on the incident
review committee recommending action to the board.
(d) The executive director shall note any action taken by the
board pursuant to this section in a pilot's record and 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 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 executive director shall notify the board of a pilot who
fails, or refuses, to complete training, practice trips, or other
corrective action imposed by the board pursuant to subdivision (a).
If the board determines that the pilot has intentionally failed to
complete training, practice trips, or other corrective action, the
board may take additional action as specified in subdivision (a).
(f) 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 an investigation conducted
pursuant to Section 1180.3.
The license of a 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
(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.
(e) Refusing to exhibit the 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 that so affects the nervous system, brain,
or muscles as to impair, to an appreciable degree, the ability to
conduct the duties of a pilot while on duty.
(g) Negligently, ignorantly, or willfully running a 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 is required by law.
(h) Willful violation of the rules and regulations adopted by the
board for the government of pilots.
(i) Inability to comply with the standards of health or physical
condition requisite to the duties of a 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.
(j) Failure or refusal, to complete training, practice trips, or
other corrective action imposed on that pilot by the board pursuant
to Section 1180.6.
If, after a hearing, the board finds that the pilot is guilty
of misconduct sufficient for deprivation of the license, the board
shall revoke or suspend the license of the pilot. The order shall be
entered in the minutes and placed in the record of the pilot
maintained pursuant to Section 1157. 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 pursuant to that
(a) Upon notification of nonrenewal of the license, a pilot
is entitled to a trial and hearing in the same manner that other
charges and accusations against pilots are tried.
(b) In every case of nonrenewal, suspension, or revocation of the
license of a 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.
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.