Except as otherwise provided in this subtitle or §§ 10–14A–03 and 10–14B–03 of the State Government Article, an individual shall be licensed by the Board before the individual may provide pilotage in the State. An individual may provide pilotage to a vessel in distress until a licensed pilot comes on board and offers to provide pilotage. A person who provides pilotage without a license is liable for any damages that result.

Subject to the provisions of this subtitle, the Board may issue: a license; a 40–foot–draft limited license; a 36–foot–draft limited license; and a 32–foot–draft limited license.

To qualify for a limited license, an applicant shall be an individual who meets the requirements of this section. An applicant shall have trained as a pilot–in–training for at least 2 years. An applicant shall possess sufficient ability, skill, and experience for a 32–foot–draft limited license, a 36–foot–draft limited license, or a 40–foot–draft limited license as determined by the Board through observation of the applicant’s performance providing pilotage. An applicant shall meet any other requirements that the Board establishes.

To qualify for an unlimited license, an applicant shall be an individual who meets the requirements of this section. An applicant who did not hold a limited license prior to October 1, 2004, shall have held a limited license and have provided pilotage for at least 3 years. An applicant shall possess sufficient ability, skill, and experience for the unlimited license as determined by the Board through observation of the applicant’s performance providing pilotage. An applicant shall meet any other requirements that the Board establishes.

To apply for a license, an applicant shall submit to the Board an application on the form that the Board provides.

If an applicant qualifies for a license under this subtitle, the Board shall send the applicant a notice that states that: the applicant has qualified for a license; and the Board will issue the appropriate license to an applicant on receipt of a license fee of: $600 for an unlimited license; $300 for a 40–foot–draft limited license; $300 for a 36–foot–draft limited license; or $200 for a 32–foot–draft limited license. On payment of the license fee, the Board shall issue an appropriate license to each applicant who meets the requirements of this subtitle. The Board shall seal each license that the Board issues with its official seal.

An individual who holds an unlimited docking master license as of September 30, 2004, shall be issued an unlimited license upon completion of an application on the form that the Board provides. The Board shall set by regulation the training and experience requirements that must be met before a pilot who previously held a docking master license may be assigned work in addition to the berthing and unberthing of vessels with tug assistance and the shifting of a vessel within a port with tug assistance. The Board shall set by regulation the training and experience requirements that must be met before a pilot who previously provided pilotage service as defined in § 11-101(i)(1) of this title may be assigned work that includes the berthing and unberthing of vessels with tug assistance or the shifting of a vessel within a port with tug assistance.

While an unlimited license is in effect, it authorizes the licensee to provide pilotage for vessels of any draft. While a 40–foot–draft limited license is in effect, it authorizes the licensee to provide pilotage for vessels not exceeding 40–foot–draft. While a 36–foot–draft limited license is in effect, it authorizes the licensee to provide pilotage for vessels not exceeding 36–foot–draft. While a 32–foot–draft limited license is in effect, it authorizes the licensee to provide pilotage for vessels not exceeding 32–foot–draft.

A license shall be effective for 2 years from the date it is issued. At least 1 month before a license expires, the Board shall mail or electronically transmit to the licensee: a renewal application form; and a notice that states: the date on which the current license expires; and the amount of the renewal fee. If an electronic transmission under paragraph (1) of this subsection is returned to the Board as undeliverable, the Board shall mail to the licensee, at the last known address of the licensee, the materials required under paragraph (1) of this subsection within 10 business days of the date the Board received the notice that the electronic transmission was undeliverable. Before a license expires, the licensee periodically may renew it for an additional 2–year term, if the licensee: otherwise is entitled to be licensed; pays to the Board a renewal fee of: $600 for an unlimited license; $300 for a 40–foot–draft limited license; $300 for a 36–foot–draft limited license; or $200 for a 32–foot–draft limited license; and submits to the Board a renewal application on the form that the Board provides. The Board shall renew the license of a licensee who meets the requirements of this section.

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: fraudulently or deceptively obtains or attempts to obtain a license for the applicant or licensee or for another; fraudulently or deceptively uses a license; under the laws of the United States or of any state, is convicted of: a felony; or a misdemeanor that is directly related to the fitness and qualification of the applicant or licensee to provide pilotage; pilots or attempts to pilot a vessel while under the influence of: alcohol; narcotics; or any other substance that impairs the physical or mental ability of the pilot to perform in a safe manner; pilots a vessel in a negligent or reckless manner; anchors a vessel during a pilotage transit unless: the anchorage was ordered by the master of the vessel; or the anchorage was necessary for reasons of safety or prudent navigation; violates the conflict-of-interest provisions of § 11-603 of this title; violates any regulation adopted by the Board; or violates any order passed by the Board. 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. 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: sickness of the pilot; or assignment to administrative duties. 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: within 18 nautical miles south of Cape Henry; within 18 nautical miles east of Cape Henry; in the Chesapeake Bay; or in the ports of Maryland. 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. To determine the amount of the penalty imposed under this subsection, the Board shall consider: the seriousness of the violation; the harm caused by the violation; the good faith of the licensee; and any history of previous violations by the licensee. 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: the nature of the crime; the relationship of the crime to the activities authorized by the license; with respect to a felony, the relevance of the conviction to the fitness and qualification of the applicant or licensee to provide pilotage; the length of time since the conviction; and the behavior and activities of the applicant or licensee before and after the conviction.

Except as otherwise provided in § 10-226 of the State Government Article, before the Board takes any final action under § 11-409 of this subtitle, it shall give the individual against whom the action is contemplated an opportunity for a hearing before the Board. The Board shall give notice and hold the hearing in accordance with Title 10, Subtitle 2 of the State Government Article. The Board may administer oaths in connection with any proceeding under this section. If, after due notice, the individual against whom the action is contemplated fails or refuses to appear, nevertheless the Board may hear and determine the matter.

Any person aggrieved by a final decision of the Board in a contested case, as defined in § 10-202 of the State Government Article, may take an appeal as allowed in §§ 10-222 and 10-223 of the State Government Article.