| §98. Commissions prohibited |
|
| | No A master, agent, owner, charterer or consignee shall may | not charge a commission or receive any payment directly or | indirectly, for the assignment of pilotage, nor shall may any | pilot pay or offer to pay to any person any commission for the | assignment of pilotage. Any person violating this section commits | a civil violation for which a forfeiture not to exceed $500 | $5,000 may be adjudged for each violation. |
|
| | Sec. 20. 38 MRSA §99, as amended by PL 1985, c. 389, §39, is | further amended to read; |
|
| §99. Grounds for disciplinary action |
|
| | The Administrative Court commission may suspend any pilot for | any period that it may deem consider proper, and may suspend, | revoke or annul any pilot's license which shall be that is issued | under sections 85 to 106 this subchapter, upon satisfactory proof | that such a pilot has willfully disobeyed or violated any of the | provisions of sections 85 to 106 this subchapter or any rule | established by the commission; or such a pilot has negligently | lost or damaged any vessel under his that pilot's care; or such a | pilot is habitually intemperate in the use of alcohol or | habitually uses narcotic or hypnotic or other substances so as | to be unfit to be entrusted with the charge of a vessel; or the | pilot is so mentally or physically incapable as to be unfit to | carry on the duties of a pilot. |
|
| | Sec. 21. 38 MRSA §100-A is enacted to read: |
|
| §100-A.__Confidentiality of complaints and investigative |
|
| | 1.__During investigation.__All complaints and investigative | records of the commission are confidential during the pendency of | an investigation.__Those records become public records upon the | conclusion of an investigation unless confidentiality is required | by some other provision of law.__For purposes of this section, an | investigation is concluded when: |
|
| A.__A notice of an adjudicatory hearing under Title 5, | chapter 375, subchapter IV has been issued; |
|
| B.__The complaint has been listed on a meeting agenda of the | commission; |
|
| C.__A consent agreement has been executed; or |
|
|