CHAPTER 195

FORMERLY

HOUSE BILL NO 345

AS AMENDED BY HOUSE AMENDMENT NO. 1 AND SENATE AMENDMENT NO. 1

AN ACT TO AMEND CHAPTER 1, TITLE 23 OF THE DELAWARE CODE RELATING TO PILOTS.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend Subchapter 1, Chapter 1, Title 23 of the Delaware Code by adding thereto a new Section 100 as follows:

"5100. Objectives

The primary objective of the Board of Pilot Commissioners, to which all other objectives and purposes are secondary, is to protect the general public (especially those persons who are direct recipients of services regulated by this chapter) from unsafe practices. The secondary objectives of the Board are to maintain minimum standards of pilot competency, and to maintain certain standards in the delivery of services to the public."

Section 2. Amend 5101 of Title 23 of the Delaware Code be striking said section in its entirety and sutatituting in lieu thereof the followings

"5101. Appointment; Term; Meetings; Officers; Oath of Office; Quorum

The Board of Pilot Commissioners for the State shall consist of 5 persons, citizens of the State, appointed by the Governor for a term of 5 years, composed as follows: 3 pilots, 1 shipping industry representative, 1 public member. The shipping industry representative shall not be a former pilot. The public member shall not be a former pilot, related to a pilot by blood or affinity, nor ever have been employed by the Board, the Pilots, Association, or an individual pilot. The Board shall consist of the members presently serving unexpired terms on the Board as it existed prior to June 30, 1983. Upon the expiration of the terms of office of those presently serving the Governor shall appoint new members until such time as the Board is composed of 3 pilots, 1 shipping industry representative and 1 public member.

Any vacancy in the Board occurring for any cause other than expiration of term shall be filled by the Governor for the remainder of the term.

The Board shall meet at least once in each quarter of each year and at the call of the President as may be required.

The Board shall elect from among its members a President, Vice-President and Secretary-Treasurer who shall hold office for a term of two years. No officer may serve more than two successive terms in such office. Before entering upon his duties, each member shall be duly sworn to perform faithfully and impartially the duties of his office.

Three members of the Board shall be a quorum."

Section 3. Amend §102 of Title 23 of the Delaware Code by striking said section in its entirety and substituting in lieu thereof the following:

"§102. Powers and Duties

The Board of Pilot Commissioners shall have authority to:

(a) Formulate rules and regulations, with appropriate notice to those affected, where such notice can reasonably be given;

(b) Designate the application form to be used by all applicants, and to process all applications;

(c) Designate or prepare a written examination to be taken by persons applying for licensure;

(d) Provide for the administration of all examinations, including notice and Information to applicants, proctoring and grading;

(a) Grant licenses as a pilot In the Delaware River end Bay and its tributaries to all persons who meet the qualifications for licensure;

(f) Receive complaints from pilots and from the public concerning the professional conduct of pilots, or concerning practices of the profession; to evaluate such complaints; and to take such action within Its powers as the Board deems appropriate;

(g) issue subpoenas and compel the attendance of witnesses and the production of records;

(h) Administer oaths to witnesses;

(i) Determine whether or not a pilot shall be the subject of a disciplinary hearing, and if so, to conduct such hearing in accordance with this chapter and the provisions of the Administrative Procedures Act;

(j) Where it has been determined after a disciplinary hearing, that penalties or sanctions should be imposed, to designate the appropriate sanction or penalty and, after time for appeal has lapsed, impose said sanction or penalty;

(k) Maintain complete records relating to meeting minutes, applications, examinations, rosters, changes and additions to rules and regulations, complaints, hearings, and other such matters as the Board shall determine."

Section 4. Amend §104 of Title 23 of the Delaware Code by striking said section in its entirety and substituting in lieu thereof the following:

"§104. Hearing Procedures

(a) Upon the receipt of a complaint, the Board shall determine what action, if any, it shall take. If the Board decides not to take any further action, and the complainant is known to the Board, the Board shall forward by letter to the complainant its reasons for not taking further action. Where the Board has determined to take further action, the matter shall be heard by the Board within 3 months from the date on which the complaint was received, The Board shall fix the time and place for a full hearing of the matter, and shall cause a copy of the complaint, together with a notice of the time and place fixed for the hearing, to be delivered to the pilot by certified mail, return receipt requested, at least 30 days before the date fixed for the hearing. In cases where the pilot cannot be located or where service cannot be effected, substitute service shall be effected in the same manner as with civil litigation.

(a) All hearings shall be informal without the use of rules of evidence. If the Board finds, by a majority vote of all members, that the complaint has merit, the Board shall take such action permitted under this chapter as it deems necessary. The Board's decision shall be in writing and shall include its reasons for such decision. A copy of the decision shall be mailed immediately to the pilot. The Board's decision shall become effective on the 30th day after the date it Is mailed or served on the pilot, unless there Is an appeal by the pilot to the Superior Court within that time."

Section 5. Amend §I05 of Title 23 of the Delaware Code by striking said section in its entirety and substituting in lieu thereof the following:

§105. Appeals From Board's Decisions

Where the pilot Is in disagreement with the action of the Board, he may appeal the Board's decision to the Superior Court within 30 days of service, or of the postmarked date of the copy of the decision mailed to him. Upon such appeal the Court shall hear the evidence de novo, and the filing of an appeal shall act as a stay of the Board's decision, pending final determination of the pilot's appeal."

Section 6. Amend Chapter 100, Title 23 of the Delaware Code by adding a new §106 as follows: "§106. Expenses of Commissioners; Renewal License Fee

To provide a fund for the payment of necessary expenses of the Board In the performance of its duties, each pilot licensed by this Act shall, upon every renewal of his license, pay to the Board the sum of $50.00."

Section 7. Amend §114 of Title 23 of the Delaware Code by deleting the period "." after the word "Commissioners" in the last sentence and adding the following:

"; provided however, that apprenticeship openings, as they occur, shall be advertised for a period of no less than one week In a daily paper of general circulation."

Approved July 19, 1983.