California Code of Regulations
Title 7 - Harbors and Navigation
Division 2 - State Board of Pilot Commissioners for the Bays of San Francisco, San Pablo and Suisun
Article 3 - Officers, Committees, Employees
Section 210 - Incident Review Process
Current through Register 2024 Notice Reg. No. 12, March 22, 2024
(a) The President shall appoint an Incident Review Committee with the responsibility of investigating and reporting to the Board all reports of misconduct or navigational incidents involving a vessel piloted by a pilot or inland pilot licensed by the Board, or any other matter for which a pilot's or inland pilot's license may be revoked or suspended pursuant to these regulations, including a possible conflict of interest as set forth in Section 222, and reports of suspected pilot ladder or pilot hoist safety violations. The Incident Review Committee shall be composed of one public member of the Board and the Executive Director. This subsection does not apply to an incident involving a pilot or inland pilot aboard a vessel of less than 300 gross tons unless a pilot or inland pilot is required by law.
(b) The Incident Review Committee shall investigate the incident, misconduct or other matter and prepare a written report as provided for in subsection (c).
(c) The written report developed by the Incident Review Committee relating to the incident, misconduct or other matter shall include but need not be limited to:
(d) Following the conclusion of the investigation the Incident Review Committee shall report its findings and recommendations to the Board at the Board's next regular meeting. The written report shall be presented within 90 days of the date of the incident, misconduct or other matter being investigated, unless an extension is granted by the Board.
(e) Upon presentation of the written report of the Incident Review Committee at the Board meeting, and after the Board's full consideration of the evidence, including any additional evidence presented by the pilot or inland pilot and the Incident Review Committee, the Board shall take one or more of the following actions:
(f) Action shall be taken by the Board under subsection (e) of this regulation by a majority of those members present and voting.
(g) Concerning any corrective action and whether to go outside the guidelines in this section, both the Incident Review Committee, in making its recommendation, and the Board, in making its determination, shall consider the following factors:
(h) In determining the appropriate action to be taken for certain specific types of misconduct, the following guidelines shall apply:
First offense--filing an accusation recommending suspension of license (6-12 months) and mandatory participation in a rehabilitation program approved by the Substance Abuse and Mental Health Services Administration,
Second offense--filing an accusation recommending revocation of license.
Filing an accusation recommending suspension of license (6-12 months).
From a minimum of reprimand to a maximum of filing an accusation recommending suspension of license (1-3 months).
From a minimum of reprimand to a maximum of filing an accusation recommending suspension of license (2-6 months).
From a minimum of reprimand to a maximum of filing an accusation recommending suspension of license (3-6 months).
From a minimum of reprimand to a maximum of filing an accusation recommending suspension of license (2-4 months).
These guidelines are intended to guide the Incident Review Committee in developing its recommendations for corrective action and the Board in determining the appropriate action to be taken and to promote uniformity in assessing the severity of specific types of misconduct, although it is recognized that the circumstances of any individual case may warrant action that falls outside the ranges provided above.
(i) The record of the investigation and final disposition of the incident, misconduct or other matter shall be retained in the Board's records for 10 years, or as long as the pilot is licensed by the Board, whichever is longer, after the completion of the investigation and, except for the items listed in paragraph 11 of subsection (c), shall be a public record. Records of prior incidents more than 10 years old shall not be used in aggravation in determining corrective action unless the pilot or inland pilot raises such incident for mitigation.
(j) The Board may order the reconsideration of all or part of a determination made pursuant to this section on its own motion or on petition of any party. The power to order a reconsideration shall expire 60 days after the Board's written decision is delivered or mailed to the pilot or inland pilot, or on the date set by the Board as the effective date of the determination if that date occurs prior to the expiration of the 60-day period or at the termination of a stay not to exceed 60 days which the Board may grant for the purpose of filing an application for reconsideration. If additional time is needed to evaluate a petition for reconsideration filed prior to the expiration of any of the applicable periods, the Board may grant a stay of that expiration for no more than 10 days, solely for the purpose of considering the petition. If no action is taken on a petition within the time allowed for ordering reconsideration, the petition shall be deemed denied.
(k) No member of the Board shall sit on the Board as a trier of fact for those cases where he or she has served on the Incident Review Committee recommending action to the Board.
(l) The Executive Director shall maintain a suspense file to ensure that all training, practice trips, or other corrective action required to be performed by a pilot or inland pilot, by stipulation or Board decision, are completed as required. The Executive Director shall report to the Board each month on the progress of any ongoing training, practice trips or other corrective action. The Executive Director shall notify the Board of any pilot that fails or refuses to complete the terms of a stipulated resolution or final decision after an accusation.
1. Repealer
and new section filed 5-9-88; operative 6-8-88 (Register 88, No. 20). For prior
history, see Register 83, No. 1.
2. Amendment of section and NOTE
filed 8-12-93; operative 9-13-93 (Register 93, No. 33).
3. Amendment
of section heading, section and NOTE filed 1-26-96; operative 2-25-96 (Register
96, No. 4).
4. Amendment of subsections (a) and (c)(7) and amendment
of NOTE filed 8-10-99; operative 9-9-99 (Register 99, No. 33).
5.
Amendment filed 6-3-2003; operative 7-3-2003 (Register 2003, No.
23).
6. Amendment of section heading and section filed 7-13-2011;
operative 8-12-2011 (Register 2011, No. 28).
Note: Authority cited: Sections 1154 and 1180.6(e), Harbors and Navigation Code. Reference: Sections 1154, 1156.5, 1156.6, 1180.3, 1180.6, 1181 and 1184, Harbors and Navigation Code.