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 8 - Number of Pilots
Section 237 - Hearing Procedures to Determine Number of Licensed Pilots
Current through Register 2024 Notice Reg. No. 12, March 22, 2024
(a) The Board shall determine the number of pilot licenses to be issued and shall appoint and license the number of pilots sufficient to carry out the purposes of Division 5 of the Harbors and Navigation Code. In determining the number of pilot licenses issued by the Board to qualified applicants, the Board shall take into consideration all of the following:
The objective of the Board's determination of the number of pilot licenses to be issued to qualified applicants is to ensure the availability of an adequate number of qualified, rested pilots to provide timely pilotage services. Before changing the number of pilot licenses issued, the Board shall conduct hearings in accordance with this article.
(b) The Board will conduct hearings as frequently as is necessary to provide meaningful and timely guidance in determining the appropriate number of pilot licenses to be issued and the number of pilot trainees to be selected pursuant to Sections 216 and 213, respectively, of these regulations.
(c) The Board will consider whether a hearing under this section is necessary by reviewing the current number of pilot licenses issued, the results of the most recent hearing, and the data collected pursuant to subsection (d) of this section at the following times:
(d) The San Francisco Bar Pilots shall provide the following data to the Board annually and at such other times as the Board may direct. The data shall cover the previous 12-month period, or such other period as the Board may direct, and shall be available for public inspection during normal Board hours:
(e) Upon determining that a hearing will be conducted, the Board will notice a public hearing to be held not less than thirty (30) days from the date of the notice, or at such later time as the Board may direct. The notice shall comply with the applicable provisions of the Bagley-Keene Open Meeting Act, Government Code Sections 11120, et seq. The purpose of the hearing is to obtain information and data relevant to determining the number of licensed pilots in accordance with this section.
(f) At least fifteen (15) days before the hearing, the Executive Director shall assemble and make available for public inspection during normal Board hours the following data:
(g) The Board president shall appoint a committee chaired by a commissioner and made up of one or more representatives each from industry, pilots and the public, to review and analyze the information and data assembled pursuant to subsection (f) of this section, to review any additional data, input and comments from the San Francisco Bar Pilots, members and representatives of the maritime industry and members of the public, and to prepare recommendations to the Board regarding the factors which the Board should consider in determining the number of pilots to be licensed. Minutes of the Committee's meetings shall be made available for public inspection not less than ten (10) days before the hearing conducted pursuant to subsection (h) of this section.
(h) A hearing shall be conducted at the time and place set forth in the notice provided pursuant to subsection (e) of this section and shall be conducted in accordance with the Bagley-Keene Open Meeting Act (Government Code Sections 11120, et seq.). A full record shall be kept of all evidence offered at the hearing, including a verbatim transcript of all testimony.
(i) Following the presentation by the committee appointed pursuant to subsection (g) of this section, any additional presentations on behalf of the San Francisco Bar Pilots, the maritime industry and the general public, the Board shall close the record and proceed with deliberations, including a review and evaluation of all the evidence received at the hearing and a determination of the number of pilot licenses to be issued. The Board's deliberation shall be conducted at a duly noticed meeting open to the public and may be transcribed. At the conclusion of its deliberations, the Board shall issue written conclusions with regard to the number of pilot licenses to be issued, and the manner in which any change to reach that number will be implemented.
1. New article 8 (section 237) and section filed 4-4-2002; operative 5-4-2002 (Register 2002, No. 14).
Note: Authority cited: Section 1154, Harbors and Navigation Code. Reference: Sections 1170, 1170.1, 1170.2 and 1190(d), Harbors and Navigation Code.