CHAPTER 229

FORMERLY

SENATE BILL NO. 218

AS AMENDED BY SENATE AMENDMENT NO. 1

AN ACT TO AMEND TITLE 23 OF THE DELAWARE CODE RELATING TO APPRENTICESHIP PROGRAMS, GROUNDS FOR DISCIPLINE AND DISCIPLINARY SANCTIONS FOR PILOTS.

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

Section 1. Amend Title 23, Chapter 1, Section 102 of the Delaware Code by adding a new paragraph (12) to read as follows:

"(12) Create and administer an apprenticeship program which designates minimum educational and experience requirements."

Section 2. Amend Title 23, Chapter 1, Section 114 of the Delaware Code by deleting the first sentence in its entirety and substituting in lieu thereof the following:

"No person shall be entitled to a license in any class without first having completed the apprenticeship program enacted by Regulation of the Board."

Section 3. Amend Title 23, Chapter 1, Section 118 by deleting said section in its entirety and substituting in iieu thereof the following:

"5118. Grounds for Discipline

(a) Pilots regulated under this chapter shall be subject to disciplinary action if after a hearing the Board finds:

1. Illegal, incompetent or negligent conduct in the performance of piloting:

2. Excessive use or abuse of drugs (including alcohol, narcotics or chemicals);

3. Failure to file a marine casualty report;

4. Failure to obey Rule of the Nautical Road:

5. Violation of a lawful provision of this chapter. or any lawful regulation established thereunder.

(b) A pilot shall be subject to non-disciplinary remedial action if, after a hearing, the Board finds that there l a danger to health, safety or welfare of the public due to:

1. Physical illness or on of motor skill, including but not limited to deterioration through the aging process; or

2. Temporary emotional disorder or mental illness, including alcohol and/or drug abuse;

3. Permanent emotional disorder or mental illness.

(c) If a pilot's physical or mental capacity to practice safely is at issue in a non-disciplinary remedial proceeding, the Board may order a pilot to submit to a reuonable physical or mental examination. Failure to comply with a lawful order to submit to a pkysical or mental examination shall render the pilot liable to temporary suspension or revocation of license in accordance with 5120 of this Title.

(d) Where a pilot falls to comply with the Board's request that he submit to an examination or attend a hearing the Board may petition the Superior Court to order such examination or attendance, and the said Court or any Judge assigned thereto shall have jurisdiction to issue each order.

(e) Subject to Subchapter IV of Chapter 101 of Title 29 no license shall be restricted, suspended or revoked by the Board, and no pilot's right to practice shall be limited by the Board, until such pilot has been given notice, and an opportunity to be heard in accordance with the Administrative Procedures Act."

Section 4. Amend Title 23, Chapter I by adding thereto a new Section 120 to read as follows:

"§120. Disciplinary Sanctions

(a) The board may impose any of the following sanctions, singly or in combination, when it finds that one of the condlUons or violations set forth in $118 of this title applies to a pilot regulated by this chapter:

(1) Issue a letter of reprints:xi;

(2) Censure a pilot;

(3) Place a pilot on probationary status, and require the pilot to:

a. Report regularly to the Board upon the matters which are the basis of the probation;

b. Limit all practice and professional activities to those areas prescribed by the Board, and/or

c. Continue or renew his professional education until the required degree of skill has been attained in those areas which are the basis of the probation,

d. Attend an alcohol and/or drug treatment program approved by the Board.

(4) Suspend any pilot's license; or

(5) Revoke a pilot's license.

(b) The Board may withdraw or reduce conditions of probation when it finds that the deficiencies which required such action have been remedied.

(c) The Board may temporarily suspend a pilot's license in advance of a final adjudication, or during the appeals process; but only in cases where there is a clear and immediate danger to the health, safety and welfare of the public if the licensee is allowed to continue to practice. Such suspension may be appealed.

(d) Where a license has been suspended due to a disability of the licensee, the Board may reinstate such license if, after a hearing, the Board is satisfied that the licensee Is able to practice with reasonable skill and safety.

(e) As a condition to reinstatement of a suspended license, or removal from probationary status, the Board may impose such disciplinary or corrective measures as are authorized under this chapter."

Approved February 4, 1986.