1. (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. (1) fraudulently or deceptively obtains or attempts to obtain a license for the applicant or licensee or for another;
   2. (2) fraudulently or deceptively uses a license;

   3. (3) under the laws of the United States or of any state, is convicted of:

      1. (i) a felony; or
      2. (ii) a misdemeanor that is directly related to the fitness and qualification of the applicant or licensee to provide pilotage;

   4. (4) pilots or attempts to pilot a vessel while under the influence of:

      1. (i) alcohol;
      2. (ii) narcotics; or
      3. (iii) any other substance that impairs the physical or mental ability of the pilot to perform in a safe manner;
   5. (5) pilots a vessel in a negligent or reckless manner;

   6. (6) anchors a vessel during a pilotage transit unless:

      1. (i) the anchorage was ordered by the master of the vessel; or
      2. (ii) the anchorage was necessary for reasons of safety or prudent navigation;
   7. (7) violates the conflict-of-interest provisions of § 11-603 of this title;
   8. (8) violates any regulation adopted by the Board; or
   9. (9) violates any order passed by the Board.

2. (b)

   1. (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. (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:

      1. (i) sickness of the pilot; or
      2. (ii) assignment to administrative duties.

3. (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. (1) within 18 nautical miles south of Cape Henry;
   2. (2) within 18 nautical miles east of Cape Henry;
   3. (3) in the Chesapeake Bay; or
   4. (4) in the ports of Maryland.

4. (d)

   1. (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. (2) To determine the amount of the penalty imposed under this subsection, the Board shall consider:

      1. (i) the seriousness of the violation;
      2. (ii) the harm caused by the violation;
      3. (iii) the good faith of the licensee; and
      4. (iv) any history of previous violations by the licensee.

5. (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. (1) the nature of the crime;
   2. (2) the relationship of the crime to the activities authorized by the license;
   3. (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. (4) the length of time since the conviction; and
   5. (5) the behavior and activities of the applicant or licensee before and after the conviction.

Added by Acts 1989, c. 3, § 1, eff. Oct. 1, 1989. Amended by Acts 1992, c. 222; Acts 1998, c. 342, § 1, eff. July 1, 1998; Acts 2004, c. 520, § 2, eff. Oct. 1, 2004.

Formerly Art. 74, §§ 4, 7, 12.