California § 1180.6 - The board, after full consideration of the evidence, report, and recommendations

§ 1180.6. The board, after full consideration of the evidence, report, and recommendations

(a) The board, after full consideration of the evidence, report, and recommendations presented by the incident review committee relating to an incident, misconduct, or other matter pursuant to Section 1180.3, shall take one or more of the following actions: (1) Serve an accusation for suspension or revocation of the pilot’s license 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, pursuant to Sections 1181 and 1182. (2) Enter into a written stipulation for corrective action to be performed by the pilot, which may include, but is not limited to, further training or supervised practice trips. (3) Provide counseling for the pilot relating to the duties and obligations of a pilot. (4) Issue a warning letter of reprimand to the pilot. (5) Take any other action, as provided in the guidelines adopted pursuant to subdivision (e). (6) Close the investigation without further action. (7) Remand the matter to the incident review committee for further investigation. (b) Action required pursuant to subdivision (a) shall be taken by a majority vote of the board. (c) A member of the board shall not sit on the board as a trier of fact for those cases in which he or she has served on the incident review committee recommending action to the board. (d) The executive director shall note any action taken by the board pursuant to this section in a pilot’s record and shall establish a suspense file to ensure that all training, practice trips, or other corrective action required to be performed pursuant to subdivision (a) by the pilot are completed as required. The executive director shall report to the board each month on the progress of any training, supervised practice trips, or other corrective action or the completion of any other action required pursuant to subdivision (a). (e) The executive director shall notify the board of a pilot who fails, or refuses, to complete training, practice trips, or other corrective action imposed by the board pursuant to subdivision (a). If the board determines that the pilot has intentionally failed to complete training, practice trips, or other corrective action, the board may take additional action as specified in subdivision (a). (f) The board shall adopt guidelines for the determination by the incident review committee of the action to be taken pursuant to subdivision (a) at the completion of an investigation conducted pursuant to Section 1180.3.