# COMAR Title 09 — Maryland Department of Labor

## Subtitle 26 — Board of Pilots

### Chapter 01 — General Regulations

**Authority:** Business Occupations and Professions Article, §11-205, Annotated Code of Maryland

**Administrative History:** Effective date: September 2, 1969

**Administrative History:** Regulation .06 amended effective November 22, 1982 (9:23 Md. R. 2259)

**Administrative History:** Regulation .07 amended effective August 31, 1981 (8:17 Md. R. 1419)

**Administrative History:** Regulation .08 repealed effective August 27, 1984 (11:17 Md. R. 1491)

**Administrative History:** Regulations .01—.10 repealed effective July 29, 1985 (12:15 Md. 1516)

**Administrative History:** Regulations .01—.06 adopted effective July 29, 1985 (12:15 Md. R. 1516)

**Administrative History:** Chapter revised effective December 9, 1991 (18:24 Md. R. 2643)

**Administrative History:** Regulation .03B amended effective September 28, 1992 (19:19 Md. R. 1706)

**Administrative History:** Chapter revised effective May 26, 2003 (30:10 Md. R. 668)

**Administrative History:** Regulation .02 amended effective June 20, 2005 (32:12 Md. R. 1046)

**Administrative History:** Regulation .04 amended effective May 31, 2010 (37:11 Md. R. 765)

**Administrative History:** Regulation .04B amended and C adopted effective May 10, 2004 (31:9 Md. R. 712)

**Administrative History:** Regulation .05 recodified to Regulation .06, existing Regulation .06 repealed, and new Regulation .05 adopted effective June 20, 2005 (32:12 Md. R. 1046)

**Administrative History:** Regulation .06A amended effective December 11, 2003 (30:24 Md. R. 1739)

**Administrative History:** Regulation .07 adopted effective March 11, 2019 (46:5 Md. R. 305)

#### Regulation .01 Board Meetings.

*COMAR 09.26.01.01*

A. Regular meetings of the Board shall be held quarterly at a time and date set by the Board.

B. Special Meetings.

  (1) Special meetings of the Board may be called at the request of:

    (a) The Chairman; or

    (b) Three members of the Board.

  (2) Special meetings of the Board may be held at a time and date directed by the Chairman.

#### Regulation .02 Qualification Committee.

*COMAR 09.26.01.02*

A. The pilot members and a consumer member of the Board shall constitute the Qualification Committee.

B. The Qualification Committee may evaluate and conduct the actual observation of demonstrated performance required for licensure as a pilot under any kind of license at the direction of the Board and report its recommendations to the Board.

C. The Qualification Committee may develop model training programs for Board approval designed for apprentices and pilots with limited licenses in order to acquire sufficient ability, skill, and experience required for licensure under any kind of license.

#### Regulation .03 Incident Committee.

*COMAR 09.26.01.03*

A. The Chairman shall appoint one pilot member and one industry member to constitute the Incident Committee.

B. The Incident Committee shall:

  (1) Review all complaints filed with the Board and reports of incidents filed by a licensed pilot; and

  (2) Make recommendations to the full Board on the disposition of each matter.

C. Before making a recommendation on a complaint or an incident, the Incident Committee may request that the Department perform an investigation to obtain additional information. After receipt of this information, the Committee shall make the recommendation to the full Board.

#### Regulation .04 Reports of Incidents.

*COMAR 09.26.01.04*

A licensed pilot involved in an incident that is required to be reported to the United States Coast Guard shall file a written report of the incident with the Board within 7 calendar days after the date of the incident. The written report shall contain a detailed factual account of the incident.

#### Regulation .05 Complaint Procedure.

*COMAR 09.26.01.05*

A. A complaint against a licensed pilot may be filed by a member of the Board or by any other person.

B. A complaint shall be in writing and shall state specifically the facts on which the complaint is based.

C. The complaint shall be submitted to the Secretary of the Board, who shall assign it a tracking number and refer it to the Incident Committee.

D. The Incident Committee shall:

  (1) Investigate all complaints filed with the Board to determine if the facts alleged could form the basis for disciplinary action against the licensee under Business Occupations and Professions Article, §11-409, Annotated Code of Maryland;

  (2) Within 30 days of the Committee's receipt of the complaint, make a report to the Board on the progress of the investigation;

  (3) Except as provided in §D(4) of this regulation, within 60 days of the Committee's receipt of the complaint, make a recommendation to the Board for the disposition of the complaint; and

  (4) Within 30 days of receipt of the report of an investigator appointed pursuant to Business Occupations and Professions Article, §11-208(c), Annotated Code of Maryland, make a recommendation to the Board for the disposition of the complaint.

E. The Board shall review the recommendation of the Incident Committee at its next meeting.

#### Regulation .06 Relief Pilot.

*COMAR 09.26.01.06*

A. When it is necessary for reasons of safe, efficient, or reliable pilotage that a pilot be relieved of his duties, the pilot so requesting shall arrange in a timely fashion for a relief pilot to be transferred aboard the vessel at an appropriate transfer point.

B. The provisions of this regulation are effective as long as the Public Service Commission provides a tariff for rates and charges applicable to a relief pilot requested under the circumstances in this regulation.

#### Regulation .07 Communications with the Board.

*COMAR 09.26.01.07*

A. If an applicant or licensee receives from the Board a written communication requesting a response, the applicant or licensee shall respond within 30 days of the date of mailing.

B. The Board shall send a written communication by first class mail to the last known address furnished to the Board by an applicant or licensee.

C. It is a responsibility of an applicant or licensee to notify the Board in writing if there has been a change in applicant’s or licensee’s address.

D. Failure to respond as required by this regulation may be considered by the Board to be a violation of Business Occupations and Professions Article, §11-409, Annotated Code of Maryland.