Texas Transportation Code - Section 70.042. Suspension Or Revocation Of Branch Pilot's License
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§ 70.042. SUSPENSION OR REVOCATION OF BRANCH PILOT'S
LICENSE. (a) On complaint or on its own motion, and after notice
and hearing, the board may suspend a branch pilot's license for not
more than six months or recommend that the governor revoke a branch
pilot's license if the board finds that the pilot has:
(1) failed to demonstrate and maintain the
qualifications for a license required by this chapter;
(2) used narcotics or other types of drugs, chemicals,
or controlled substances as defined by law that impair the pilot's
ability to perform his duties skillfully and efficiently;
(3) used alcohol to an extent that impairs the pilot's
ability to perform his duties skillfully and efficiently;
(4) violated a provision of this chapter or rules
adopted by the board under this chapter that were material to the
performance of the pilot's duties at the time of the violation;
(5) made a material misstatement in the application
for a license;
(6) obtained or attempted to obtain a license under
this chapter by fraud or misrepresentation;
(7) charged a pilotage rate other than that approved
by the board;
(8) intentionally refused to pilot a vessel when
requested to do so by the master or person responsible for
navigation of the vessel except when, in the judgment of the pilot,
movement of the vessel would have constituted a hazard to life or
property or when pilotage charges that are due and owing are unpaid
by the person ordering the pilot services;
(9) been absent from duty in violation of board rules
and without authorization;
(10) aided or abetted another pilot in failing to
perform the other pilot's duties; or
(11) been guilty of carelessness, neglect of duty,
intentional unavailability for normal performance of duties,
refusal to perform duties, misconduct, or incompetence while on
duty.
(b) On determining that a license should be suspended or
revoked, the board shall adopt a written order that states its
findings and:
(1) suspends the license for a stated period; or
(2) recommends to the governor revocation of the
license.
(c) The governor, on receipt of a board order recommending
revocation of a license, shall revoke the license. If the board's
order is appealed, the governor may not revoke the license until the
order is upheld on appeal.
(d) A suspension of a license on the recommendation of a
pilot review board takes effect on adoption of the board's order. A
revocation of a branch pilot's license takes effect on issuance of
the governor's decision.
Added by Acts 1997, 75th Leg., ch. 359, § 4, eff. Sept. 1, 1997.
Section: 70.035 70.036 70.037 70.038 70.039 70.040 70.041 70.042 70.043 70.044 70.061 70.062 70.063 70.064 70.065
Last modified: August 10, 2007
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