(a)
The board shall establish an incident review committee, which shall be composed of one public member of the board and the executive director. The board shall delegate to the incident review committee the responsibility to review all reports of misconduct or navigational incidents involving pilots or other matters for which a license issued by the board may be revoked or suspended. This subdivision does not apply to an incident involving a pilot aboard a vessel of less than 300 gross tons unless a pilot is required by law.
(b)
The incident review committee, with the assistance of one or more investigators, shall investigate the incident, misconduct, or other matter and prepare a
written report. The incident review committee may call witnesses and request additional information if the incident review committee considers it necessary to conduct a complete investigation. In performing their duties, the members of the incident review committee and its investigators shall act fairly and impartially and shall treat all matters developed or maintained as required by law. The members of the incident review committee and the investigators shall not discuss any investigation with the board or any member of the board until the matter has been finally disposed of by the incident review committee or final action has been taken by the board, as appropriate. The board shall specify, by regulation, the information to be contained in the report, which shall include, but need not be limited to, the following information relating to the incident, misconduct, or other matter:
(1)
The name of the vessel, date, location, and identification
of the pilot.
(2)
A description of the weather and sea conditions.
(3)
An illustration and description of the incident, misconduct, or other matter under investigation.
(4)
An estimate of the damages, if any.
(5)
The names of the witnesses providing information relating to the incident, misconduct, or other matter under investigation.
(6)
The nature and extent of any injuries.
(7)
A summary of any prior investigations of incidents, misconduct, or other matters involving the same pilot designated pursuant to paragraph (1).
(8)
Any relevant correspondence or
records from the United States Coast Guard relating to the incident, misconduct, or other matter under investigation.
(9)
A historical record of the actions taken in the investigation and the action taken pursuant to Section 1180.6.
(10)
A summary of the factual background of the incident, misconduct, or other matter investigated.
(11)
The following information that is not a part of the public record:
(A)
The report from the pilot.
(B)
The confidential report of the investigator.
(c)
Unless an accusation for suspension or revocation of the pilot’s license is served on the pilot as provided in Chapter 5 (commencing with
Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, the incident review committee shall present the completed investigation report to the board at the first monthly meeting of the board after the completion of the report. Unless an extension is granted by the board, the report shall be presented within 90 days of the date of the incident, misconduct, or other matter investigated.
(d)
The record of the investigation prepared pursuant to subdivision (b) and the final disposition of the incident, misconduct, or other matter shall be retained in the records of the board for 10 years after the completion of the investigation and, except for the items listed in paragraph (11) of subdivision (b), shall be a public record.
