Or. Admin. R. 856-010-0035 - Disciplinary Actions
(1)
Absence from Pilotage Grounds. A pilot must request in writing to the Board on
the form provided by the Board permission to be absent from the pilotage ground
for a period of more than sixty days. The Board will discipline any pilot who
is absent from the pilotage ground for a period of more than 60 days without
permission of the Board. A pilot who has been granted permission to be absent
from piloting duties for a period of more than 60 days shall, at the end of 180
days, reapply in writing for an extension or shall return to duty. The pilot
must notify the Board in writing, ten days prior to returning to the pilotage
ground, of the pilot's intention to return to duty. A pilot who has been absent
with permission from piloting duties for more than 180 days shall notify the
Board in writing on the form provided by the Board of the pilot's intention to
return to the pilotage ground. The notice shall include a statement of the
number of trips under the supervision of an unlimited state-licensed pilot that
will be taken to re-familiarize the pilot with the pilotage ground, but in no
event shall the returning pilot take fewer than two trips for every 90 days'
absence from the pilotage grounds. The Board may, following receipt of a
pilot's notice of intent to return to the pilotage ground, require more
familiarization trips than the returning pilot indicates in the notice provided
to the Board.
(2) Suspension,
Revocation or Lapse of Federal License. The state license of any pilot whose
federal license is suspended or revoked, or whose federal license lapses due to
delay in renewal as a consequence of a drug or alcohol-related event, shall be
automatically suspended or revoked for the same period. The lapse of a federal
license due to delay in renewal as a consequence of a drug or alcohol-related
event shall be treated as a suspension for purposes of the paragraph. The state
license shall be reinstated upon restoration of the federal license. The pilot
so affected may apply to the Board for a review of the case while under
suspension. If the review of the case shows that circumstances warrant
modification of the pilot's suspended status, the Board may order the pilot's
state license restored, or it may take any other appropriate action.
(3) Upon suspension, revocation or other
disciplinary action taken by the Board against a state-licensed pilot, the U.S.
Coast Guard shall be notified by the Board in writing within 24
hours.
(4) Pilots shall not refuse
to provide pilotage service unless necessary for their own or public safety. If
a representative of the vessel requesting piloting service contests a pilot's
determination concerning safety, then, the vessel's representative may seek a
determination by the Board.
(5)
Other Causes for Discipline. See the following administrative rules for other
causes for discipline of licensee:
(a) OAR
856-010-0015, failure to comply with requirements for renewal;
(b) OAR 856-010-0019, failure to present
surety bond or deposit;
(c) OAR
856-010-0025, failure to report to Board;
(d) OAR 856-010-0025, failure to report
incident to U.S. Coast Guard;
(e)
OAR 856-010-0035, refusal to provide pilotage service;
(f) OAR 856-010-0045, grounds for pilot
discipline.
Notes
Stat. Auth.: ORS 670 & 776
Stats. Implemented: ORS 670.280, 670.310 & 776.115
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