(a) Subject to the hearing provisions of § 11-410 of this subtitle, the Board may deny a license to any applicant, reprimand any licensee, or suspend or revoke a license if the applicant or licensee: (1) fraudulently or deceptively obtains or attempts to obtain a license for the applicant or licensee or for another; (2) fraudulently or deceptively uses a license; (3) under the laws of the United States or of any state, is convicted of: (i) a felony; or (ii) a misdemeanor that is directly related to the fitness and qualification of the applicant or licensee to provide pilotage; (4) pilots or attempts to pilot a vessel while under the influence of: (i) alcohol; (ii) narcotics; or (iii) any other substance that impairs the physical or mental ability of the pilot to perform in a safe manner; (5) pilots a vessel in a negligent or reckless manner; (6) anchors a vessel during a pilotage transit unless: (i) the anchorage was ordered by the master of the vessel; or (ii) the anchorage was necessary for reasons of safety or prudent navigation; (7) violates the conflict-of-interest provisions of § 11-603 of this title; (8) violates any regulation adopted by the Board; or (9) violates any order passed by the Board. (b) (1) Subject to the hearing provisions of § 11-410 of this subtitle, the Board shall revoke the license of any pilot who does not provide pilotage for 1 year. (2) Notwithstanding paragraph (1) of this subsection, the Board may not revoke a license under this subsection if the failure of the pilot to provide pilotage was due to: (i) sickness of the pilot; or (ii) assignment to administrative duties. (c) Subject to the hearing provisions of § 11-410 of this subtitle, the Board shall revoke the license of a pilot who, after receiving notice, refuses to aid a vessel in distress: (1) within 18 nautical miles south of Cape Henry; (2) within 18 nautical miles east of Cape Henry; (3) in the Chesapeake Bay; or (4) in the ports of Maryland. (d) (1) Instead of or in addition to suspending or revoking a license under subsection (a) of this section, the Board may impose a penalty not to exceed $2,000 for each violation. (2) To determine the amount of the penalty imposed under this subsection, the Board shall consider: (i) the seriousness of the violation; (ii) the harm caused by the violation; (iii) the good faith of the licensee; and (iv) any history of previous violations by the licensee. (e) The Board shall consider the following facts in the granting, denial, renewal, suspension, or revocation of a license or the reprimand of a licensee when an applicant or licensee is convicted of a felony or misdemeanor described in subsection (a)(3) of this section: (1) the nature of the crime; (2) the relationship of the crime to the activities authorized by the license; (3) with respect to a felony, the relevance of the conviction to the fitness and qualification of the applicant or licensee to provide pilotage; (4) the length of time since the conviction; and (5) the behavior and activities of the applicant or licensee before and after the conviction.
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