94 - Suspension or revocation of licenses; suspension of pilots.

§ 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.