N.Y. Navigation Law § 94: Suspension or revocation of licenses; suspension of pilots

§ 94. Suspension or revocation of licenses; suspension of pilots. 1.

If any pilot licensed under this article shall become intoxicated while

in charge of any ship or vessel as pilot, he shall forfeit his pilotage,

and be suspended from duty for six months, for the first offense. For

the second offense, he shall be deprived of his license and forever

thereafter be incapable of acting as a pilot. Such penalties or any

other forfeitures or penalties incurred by virtue of this article, or by

the rules and regulations of the board of commissioners made in

conformity with this article, shall not be imposed unless such pilot

shall have been first summoned.

2. The commissioners may suspend any pilot licensed under this article

at any time for any period they may deem proper, and may revoke and

annul any license which shall have been granted upon satisfactory proof

of negligence, carelessness, wilful dereliction of duty, or wilful

disobedience by such pilot of any lawful rule or regulation duly made

and promulgated by the commissioners. The pilot so suspended, at any

time, upon due notice, may appeal to the commissioners for a re-hearing

of his case, and such commissioners shall have power to confirm or

reverse the previous decision.

3. The board of commissioners may revoke or annul the license of any

Sandy Hook pilot who shall not be entitled to the use of such pilot

boats as shall have been approved by the commissioners.

4. It shall be the duty of the commissioners to hear and examine all

complaints duly made in writing against any pilot or person connected

with a pilot boat, for any misbehavior or neglect of duty, or breach of

their rules or regulations, which they shall deem material to be

investigated. They shall also hear and examine all complaints made in

like manner by any licensed pilot against any master, owner, or seaman

of a vessel, for any misbehavior toward such pilot in the performance of

his duty, or any breach of such rules or regulations.

5. Before any person shall be proceeded against on any complaint, and

before any pilot may be removed or suspended for longer than one month,

such person or pilot shall be notified, in writing, signed by the

secretary, to appear before the board of commissioners. Such notice,

which shall specify the nature and substance of such complaint and shall

be served personally at least five days before the time fixed for

appearance. The commissioners shall postpone or adjourn such hearing

from time to time for just cause. The certificate of such commissioners,

or of a majority of them, with proof of such service of notice, shall be

prima facie evidence that the party upon whom the notice was served, and

upon whom a fine or penalty was thereupon imposed, is liable to pay such

fine or penalty.

6. The secretary, under the supervision of the commissioners, and at

the instance either of the complaining or defending party, shall issue

subpoenas to compel the attendance of witnesses before the

commissioners, in all cases which they are empowered to hear and examine

under this article. The commissioners shall examine on oath, to be

administered by them, all such witnesses who in their opinion shall give

material testimony. A subpoena issued under this section shall be

regulated by the civil practice law and rules except that fees shall be

paid by the person on whose behalf the subpoena is issued.

7. Whenever any pilot shall be suspended, he shall forthwith deliver

up his branch or license to the board which shall retain it until the

time of suspension shall expire. Any such suspended pilot who shall

refuse to deliver up such branch or license shall be subjected to a

penalty of one hundred dollars for each and every such refusal.