TITLE 23

Navigation and Waters

CHAPTER 1. PILOTS

Subchapter I. Board of Pilot Commissioners


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.

64 Del. Laws, c. 195, § 1.;

(a) The Board of Pilot Commissioners for the State shall consist of 7 members, residents of the State, appointed by the Governor, for a term of 5 years, composed as follows: 3 state-licensed pilots and 4 other members, at least 2 of whom shall be public members and at least 1 of whom shall be a shipping industry representative. No public member shall be a former pilot, related to a pilot by blood or affinity, nor ever have been employed by any pilot association or individual pilot. No shipping industry representative shall be a former pilot. The Board shall consist of the members presently serving unexpired terms on the Board as it existed prior to January 1, 1993, together with those members necessary to bring the total number of members up to 7. 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 members meeting the requirements of this subsection. No member shall serve more than 2 complete consecutive terms.

(b) 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.

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

(d) The Board shall elect from among its members a President, Vice-President and Secretary-Treasurer who shall hold office for a term of 2 years. No officer may serve more than 2 successive terms in such office. Before entering upon duties, each member shall be duly sworn to perform faithfully and impartially the duties of the office.

(e) Four members of the Board shall be a quorum.

16 Del. Laws, c. 449, §§ 1, 16; Code 1915, §§ 953, 969; Code 1935, §§ 1065, 1081; 23 Del. C. 1953, § 101; 58 Del. Laws, c. 53, § 1; 64 Del. Laws, c. 195, § 2; 69 Del. Laws, c. 20, §§ 1, 2; 70 Del. Laws, c. 186, § 1.;

The Board of Pilot Commissioners shall have authority to:

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

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

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

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

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

(6) 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;

(7) Issue subpoenas and compel the attendance of witnesses and the production of records;

(8) Administer oaths to witnesses;

(9) 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 Administrative Procedures Act [Chapter 101 of Title 29];

(10) 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;

(11) Maintain complete records relating to meeting minutes, applications, examinations, the administration of the apprenticeship program, rosters, changes and additions to rules and regulations, complaints, hearings, and other such matters as the Board shall determine;

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

(13) Grant an inactive license to:

a. A pilot with health problems documented to the Board's satisfaction; or

b. A pilot on terminal leave, i.e., a pilot on approved time-off prior to and in contemplation of retirement.

If a pilot seeks to return to active status after being granted an inactive license pursuant to paragraph (13)a. or b. of this section, the Board shall first impose as a condition of return to active status that the pilot undertake a number of refresher trips, to be determined by the Board.

16 Del. Laws, c. 449, §§ 1, 16; 17 Del. Laws, c. 555, § 1; Code 1915, §§ 953, 969; Code 1935, §§ 1065, 1081; 23 Del. C. 1953, § 102; 64 Del. Laws, c. 195, § 3; 65 Del. Laws, c. 229, § 1; 69 Del. Laws, c. 20, §§ 3, 4.;

The Department of State may appoint a register, who shall enter, in a book to be provided for that purpose, all applications to and all other proceedings of the Board and shall countersign all warrants for pilots granted by the Board.

16 Del. Laws, c. 449, § 16; Code 1915, § 969; Code 1935, § 1081; 23 Del. C. 1953, § 103; 57 Del. Laws, c. 740, § 11; 75 Del. Laws, c. 88, § 17(1).;

(a) Complaints pertaining to the subject matter of this chapter shall be filed and processed in accordance with § 8735 of Title 29.

(b) The Board shall conduct hearings in accordance with Chapter 101 of Title 29.

16 Del. Laws, c. 449, § 1; Code 1915, § 953; Code 1935, § 1065; 23 Del. C. 1953, § 104; 64 Del. Laws, c. 195, § 4; 69 Del. Laws, c. 20, § 5.;

Where the pilot is in disagreement with the action of the Board, the pilot 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 the pilot. 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.

16 Del. Laws, c. 449, § 17; Code 1915, § 970; Code 1935, § 1082; 45 Del. Laws, c. 103, § 1; 23 Del. C. 1953, § 105; 62 Del. Laws, c. 105, § 1; 64 Del. Laws, c. 195, § 5; 70 Del. Laws, c. 186, § 1.;

To provide a fund for the payment of necessary expenses of the Board in the performance of its duties, each pilot licensed by this chapter shall, upon every renewal of the pilot's license, pay to the Division of Professional Regulation a renewal fee, not to exceed $250, to be determined by the Secretary of State.

64 Del. Laws, c. 195, § 6; 64 Del. Laws, c. 360, § 1; 69 Del. Laws, c. 20, § 6; 70 Del. Laws, c. 186, § 1; 75 Del. Laws, c. 88, § 17(1).;