Current through Register 2024 Notice Reg. No. 12, March 22, 2024
(a) If
the Board seeks the revocation or suspension of a pilot's license following a
determination of NFFD, it shall file an accusation and proceed with a formal
hearing under the provisions of Sections
1181,
1182, and
1183 of the Code and Chapter 5
(commencing with Section
11500) of Part 1 of Division 3 of
Title 2 of the Government Code.
(b)
An applicant for renewal of a pilot's license whose license is not renewed
following determination of NFFD and a person whose application for original
licensure is either denied or its consideration suspended based on a
determination of NFFD may within 30 days of the date of the notification of the
action taken file a written notice of appeal with the Board. Upon filing of a
timely notice of appeal, the Board shall schedule the matter for a formal
hearing under the provisions of Sections
1177.5(a) and
1183 of the Code and Chapter 5
(commencing with Section
11500) of Part 1 of Division 3 of
Title 2 of the Government Code.
(c)
Pilot trainees who are determined to be NFFD and who as a result are either
terminated from the pilot trainee training program or placed on leave from the
program may appeal these actions. A person offered a position in the pilot
trainee training program but who is denied entry into the program because
determined to be NFFD prior to entry into the training program has no right of
appeal. The appeal authorized by this subsection shall proceed in the following
manner and in accordance with the following procedures:
(1) An appellant shall file a written notice
of appeal with the Board within 30 days of the date of the notification by the
Executive Director that the appellant has been terminated or placed on leave
from the pilot trainee training program. The appeal shall be accompanied by a
physician's written report setting forth the results of a fitness evaluation
conducted by a physician of the appellant's choice. The fitness evaluation
shall include, at minimum, a physical examination. The written report of the
appellant's physician shall contain an opinion whether the appellant is FFD or
NFFD, explain the basis for that opinion, and include any information that was
relied upon in reaching that opinion. This fitness evaluation and report shall
be completed at appellant's own expense.
(2) The Executive Director shall provide the
Medical Review Officer with the report completed by appellant's physician, and
a Board-appointed physician shall evaluate the appellant's fitness for duty at
Board expense. The fitness evaluation shall include a physical examination. The
Board-appointed physician who determined the appellant to be NFFD shall conduct
this additional fitness evaluation. The Executive Director shall notify the
appellant in writing of the date, time, and location of the physical
examination. The Board-appointed physician performing the fitness evaluation
shall complete a written report of the fitness evaluation, which shall contain
an opinion whether the appellant is FFD or NFFD, explain the basis for that
opinion, and include any information that was relied upon in reaching that
opinion. If the Board-appointed physician relies on information developed
during the fitness evaluation that led to the original determination, prior to
the appeal, of NFFD, then that information, including any relevant written
material from the first fitness evaluation, shall be submitted with the report.
The report shall comment on the fitness determination made by appellant's
physician.
(3) The Executive
Director shall provide to appellant's physician, by the U.S. Postal Service or
overnight delivery service, the report of the additional fitness evaluation and
all written material developed in connection with the fitness evaluation that
led to the initial determination, prior to the appeal, of NFFD. The appellant's
physician shall have 30 days following the Executive Director's deposit of this
material with the U.S. Postal Service or an overnight delivery service in which
to submit to the Board in writing any comments on this additional fitness
determination concerning the appellant.
(4) The hearing on the appeal shall be before
the Board and shall be informal. All medical reports prepared in response to
the appeal, including material relied upon from earlier fitness evaluations,
shall be made part of the record before the Board. The hearing will be
conducted in accordance with the informal hearing procedure set forth in
Sections
11445.10
through
11445.60
of the Government Code.
(A) Failure of the
appellant to proceed at the time set for the appeal hearing before the Board
shall be deemed a withdrawal of the appeal unless the hearing is continued for
good cause.
(B) The presiding
officer may order closure of the hearing or make other protective orders to the
extent necessary or proper for the purposes set forth in Government Code
Section
11425.20,
including maintaining the confidentiality of the medical or disability
information of a pilot under Harbors and Navigation Code Section
1157.1.
(C) The decision by the Board shall contain
the following determinations:
1. Whether the
appellant is FFD or NFFD.
2. If the
trainee is NFFD, whether the trainee should be terminated from the training
program or continued on leave from the training program for some period up to,
but not exceeding, one year from the date of the Board's decision on
appeal.
1. New section
filed 1-24-2014; operative 4-1-2014 (Register 2014, No. 4).
2.
Amendment of section heading and subsections (c)(1)-(4) filed 7-29-2021;
operative 10-1-2021 (Register 2021, No. 31). Filing deadline specified in
Government Code section
11349.3(a)
extended 60 calendar days pursuant to Executive Order N-40-20.
Note: Authority cited: Section
1154,
Harbors and Navigation Code. Reference: Sections
1101,
1141,
1157,
1157.1,
1157.2,
1157.3 1157.4, 1171, 1171.5, 1176,
1176.5, 1180, 1181, 1182 and 1183, Harbors and Navigation Code.
