Maryland Statutes
Subtitle 4 - Licensing
Section 11-409 - Denials, Reprimands, Suspensions, and Revocations -- Grounds; Alternative or Additional Penalty

(a)    Subject to the hearing provisions of § 11-410 of this subtitle, the Board may deny a license to any applicant, reprimand any licensee, or suspend or revoke a license if the applicant or licensee:
        (1)    fraudulently or deceptively obtains or attempts to obtain a license for the applicant or licensee or for another;
        (2)    fraudulently or deceptively uses a license;
        (3)    under the laws of the United States or of any state, is convicted of:
            (i)    a felony; or
            (ii)    a misdemeanor that is directly related to the fitness and qualification of the applicant or licensee to provide pilotage;
        (4)    pilots or attempts to pilot a vessel while under the influence of:
            (i)    alcohol;
            (ii)    narcotics; or
            (iii)    any other substance that impairs the physical or mental ability of the pilot to perform in a safe manner;
        (5)    pilots a vessel in a negligent or reckless manner;
        (6)    anchors a vessel during a pilotage transit unless:
            (i)    the anchorage was ordered by the master of the vessel; or
            (ii)    the anchorage was necessary for reasons of safety or prudent navigation;
        (7)    violates the conflict-of-interest provisions of § 11-603 of this title;
        (8)    violates any regulation adopted by the Board; or
        (9)    violates any order passed by the Board.
    (b)    (1)    Subject to the hearing provisions of § 11-410 of this subtitle, the Board shall revoke the license of any pilot who does not provide pilotage for 1 year.
        (2)    Notwithstanding paragraph (1) of this subsection, the Board may not revoke a license under this subsection if the failure of the pilot to provide pilotage was due to:
            (i)    sickness of the pilot; or
            (ii)    assignment to administrative duties.
    (c)    Subject to the hearing provisions of § 11-410 of this subtitle, the Board shall revoke the license of a pilot who, after receiving notice, refuses to aid a vessel in distress:
        (1)    within 18 nautical miles south of Cape Henry;
        (2)    within 18 nautical miles east of Cape Henry;
        (3)    in the Chesapeake Bay; or
        (4)    in the ports of Maryland.
    (d)    (1)    Instead of or in addition to suspending or revoking a license under subsection (a) of this section, the Board may impose a penalty not to exceed $2,000 for each violation.
        (2)    To determine the amount of the penalty imposed under this subsection, the Board shall consider:
            (i)    the seriousness of the violation;
            (ii)    the harm caused by the violation;
            (iii)    the good faith of the licensee; and
            (iv)    any history of previous violations by the licensee.
    (e)    The Board shall consider the following facts in the granting, denial, renewal, suspension, or revocation of a license or the reprimand of a licensee when an applicant or licensee is convicted of a felony or misdemeanor described in subsection (a)(3) of this section:
        (1)    the nature of the crime;
        (2)    the relationship of the crime to the activities authorized by the license;
        (3)    with respect to a felony, the relevance of the conviction to the fitness and qualification of the applicant or licensee to provide pilotage;
        (4)    the length of time since the conviction; and
        (5)    the behavior and activities of the applicant or licensee before and after the conviction.