Oregon Administrative Rules
Chapter 856 - PUBLIC UTILITY COMMISSION, OREGON BOARD OF MARITIME PILOTS
Division 10 - GENERAL
Section 856-010-0045 - Grounds for Pilot Discipline

Universal Citation: OR Admin Rules 856-010-0045

Current through Register Vol. 63, No. 3, March 1, 2024

The board may revoke or suspend a pilot's license, impose on the pilot a civil penalty of not more than $250 for each offense, or issue the pilot a written reprimand if the board finds, after notice and hearing, that:

(1) The physical health of a pilot is such that the pilot is not physically capable of competently exercising the license privilege and performing the work involved without creating an unreasonable risk of harm to the pilot or to the person or property of others.

(2) The mental or emotional health of a pilot is such that the pilot is not competent to exercise the license privilege and is unable to perform the work involved without creating an unreasonable risk of harm to the pilot or to the person or property of others.

(3) The pilot has committed a criminal act, the facts and circumstances of which bear a demonstrable relationship to the exercise of the license privilege. Conviction of a crime is not required to discipline a pilot under this provision.

(4) A pilot acts or attempts to act as a pilot on any pilotage ground:

(a) Within 12 hours after the consumption of any alcoholic beverage;

(b) While under the influence of alcohol; or

(c) While using any drug that affects the pilot's faculties in any way contrary to safety.

(5) The pilot has used alcohol, drugs, medications or controlled substances in a manner that, as the Board determines, casts substantial doubt on the ability of the pilot to exercise the level of sound judgment expected of a pilot, or has used prescription drugs in a manner inconsistent with warnings or instructions provided by the manufacturer or prescribing physician.

(6)The pilot has failed to make a timely report to the board as required by these rules.

(7) The pilot when summoned to testify before the board has failed to appear before the board, or has failed to answer under oath any question touching on any matter connected with the pilot's service or the pilotage ground over which the pilot is licensed as a pilot.

(8) The pilot has been absent from the pilotage ground for a period of sixty (60) days without the express permission of the board.

(9) The pilot's federal license has been suspended, revoked or has lapsed.

(10) The pilot has engaged in conduct involving dishonesty or misrepresentation, the facts and circumstances of which bear a demonstrable relationship to the exercise of the license privilege.

(11) The pilot has failed to exercise the license privilege competently or diligently.

(12) The pilot has violated any provision of ORS 776.015 through 776.991 or any rule of the Board.

(13) The pilot has failed to post or maintain a surety bond or cash deposit.

(14) The pilot has failed to obey a directive issued by an officer of the United States Customs Service, the United States Coast Guard or other law enforcement agency when such a directive could have been complied with safely.

(15) The pilot or trainee has failed to comply with the provisions of an agreement in lieu of discipline, entered into pursuant to OAR 856-010-0041.

Statutory/Other Authority: ORS 776

Statutes/Other Implemented: ORS 776.116 & 776.325

Disclaimer: These regulations may not be the most recent version. Oregon may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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