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Delaware Code Title 23. Navigation and Waters § 118. Grounds for discipline

Current as of January 01, 2022 | Updated by FindLaw Staff

(a) Pilots regulated under this chapter shall be subject to disciplinary action if after a hearing the Board finds:

(1) Illegal, incompetent or negligent conduct in the performance of piloting;

(2) Excessive use or abuse of drugs (including alcohol, narcotics or chemicals);

(3) Failure to file a marine casualty report;

(4) Failure to obey rule of the nautical road;

(5) Violation of a lawful provision of this chapter, or any lawful regulation established thereunder;

(6) A license to practice as a river pilot has been subjected to discipline in any jurisdiction; or

(7) Conviction of a crime substantially related to the practice of river piloting.

(b) A pilot shall be subject to nondisciplinary remedial action if, after a hearing, the Board finds that there is a danger to health, safety or welfare of the public due to:

(1) Physical illness or loss of motor skill, including but not limited to deterioration through the aging process;

(2) Temporary emotional disorder or mental illness, including alcohol and/or drug abuse; or

(3) Permanent emotional disorder or mental illness.

(c) If a pilot's physical or mental capacity to practice safely is at issue in a nondisciplinary remedial proceeding, the Board may order a pilot to submit to a reasonable physical or mental examination. Failure to comply with a lawful order to submit to a physical or mental examination shall render the pilot liable to temporary suspension or revocation of license in accordance with § 120 of this title.

(d) Where a pilot fails to comply with the Board's request that the pilot submit to an examination or attend a hearing the Board may petition the Superior Court to order such examination or attendance, and the said Court or any judge assigned thereto shall have jurisdiction to issue each order.

(e) Subject to subchapter IV of Chapter 101 of Title 29, no license shall be restricted, suspended or revoked by the Board, and no pilot's right to practice shall be limited by the Board, until such pilot has been given notice, and an opportunity to be heard in accordance with the Administrative Procedures Act.

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Cite this article: FindLaw.com - Delaware Code Title 23. Navigation and Waters § 118. Grounds for discipline - last updated January 01, 2022 | https://codes.findlaw.com/de/title-23-navigation-and-waters/de-code-sect-23-118/

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