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This entry was published on 2014-09-22
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SECTION 94
Suspension or revocation of licenses; suspension of pilots
Navigation (NAV) CHAPTER 37, ARTICLE 6
§ 94. Suspension or revocation of licenses; suspension of pilots. 1.
If any pilot licensed under this article shall become intoxicated while
in charge of any ship or vessel as pilot, he shall forfeit his pilotage,
and be suspended from duty for six months, for the first offense. For
the second offense, he shall be deprived of his license and forever
thereafter be incapable of acting as a pilot. Such penalties or any
other forfeitures or penalties incurred by virtue of this article, or by
the rules and regulations of the board of commissioners made in
conformity with this article, shall not be imposed unless such pilot
shall have been first summoned.

2. The commissioners may suspend any pilot licensed under this article
at any time for any period they may deem proper, and may revoke and
annul any license which shall have been granted upon satisfactory proof
of negligence, carelessness, wilful dereliction of duty, or wilful
disobedience by such pilot of any lawful rule or regulation duly made
and promulgated by the commissioners. The pilot so suspended, at any
time, upon due notice, may appeal to the commissioners for a re-hearing
of his case, and such commissioners shall have power to confirm or
reverse the previous decision.

3. The board of commissioners may revoke or annul the license of any
Sandy Hook pilot who shall not be entitled to the use of such pilot
boats as shall have been approved by the commissioners.

4. It shall be the duty of the commissioners to hear and examine all
complaints duly made in writing against any pilot or person connected
with a pilot boat, for any misbehavior or neglect of duty, or breach of
their rules or regulations, which they shall deem material to be
investigated. They shall also hear and examine all complaints made in
like manner by any licensed pilot against any master, owner, or seaman
of a vessel, for any misbehavior toward such pilot in the performance of
his duty, or any breach of such rules or regulations.

5. Before any person shall be proceeded against on any complaint, and
before any pilot may be removed or suspended for longer than one month,
such person or pilot shall be notified, in writing, signed by the
secretary, to appear before the board of commissioners. Such notice,
which shall specify the nature and substance of such complaint and shall
be served personally at least five days before the time fixed for
appearance. The commissioners shall postpone or adjourn such hearing
from time to time for just cause. The certificate of such commissioners,
or of a majority of them, with proof of such service of notice, shall be
prima facie evidence that the party upon whom the notice was served, and
upon whom a fine or penalty was thereupon imposed, is liable to pay such
fine or penalty.

6. The secretary, under the supervision of the commissioners, and at
the instance either of the complaining or defending party, shall issue
subpoenas to compel the attendance of witnesses before the
commissioners, in all cases which they are empowered to hear and examine
under this article. The commissioners shall examine on oath, to be
administered by them, all such witnesses who in their opinion shall give
material testimony. A subpoena issued under this section shall be
regulated by the civil practice law and rules except that fees shall be
paid by the person on whose behalf the subpoena is issued.

7. Whenever any pilot shall be suspended, he shall forthwith deliver
up his branch or license to the board which shall retain it until the
time of suspension shall expire. Any such suspended pilot who shall
refuse to deliver up such branch or license shall be subjected to a
penalty of one hundred dollars for each and every such refusal.