TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING

BOARD FOR BRANCH PILOTS

Final Regulation

Title of Regulation: 18VAC45-20. Board for Branch Pilots Regulations (amending 18VAC45-20-40).

Statutory Authority: § 54.1-902 of the Code of Virginia.

Effective Date: November 1, 2026.

Agency Contact: Kathleen R. Nosbisch, Executive Director, Auctioneers Board, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, telephone (804) 367-8514, fax (866) 465-6206, or email branchpilots@dpor.virginia.gov.

Summary:

The amendments conform the regulation to Chapter 772 of the 2026 Acts of Assembly, which permits regulatory boards under the Department of Professional and Occupational Regulation to take disciplinary cases under advisement as provided for in 54.1-201 A 7 of the Code of Virginia. The amendments also adjust board authority to impose regulatory discipline, clearly specifying that the board may (i) impose a monetary penalty, (ii) suspend a license of, (iii) place on probation, (iv) refuse to renew a license of, or (v) revoke a license of a regulant.

18VAC45-20-40. Grounds for denial of licensure, denial of renewal, or discipline.

A. The board shall have the authority to deny initial licensure to, deny an extension of license to, or deny renewal of license to as well as to discipline, pursuant to § 54.1-902 of the Code of Virginia, existing licensees, whether limited or not, for the following reasons:

1. Having been convicted or found guilty, regardless of adjudication, in any jurisdiction of the United States of any felony or a misdemeanor involving fraudulent or dishonest acts or any alcohol-related or drug-related offense, there being no appeal pending therefrom or the time for appeal having elapsed.

Any plea of nolo contendere shall be considered a conviction for the purposes of this subdivision. The record of a conviction certified or authenticated in such form as to be admissible in evidence of the laws of the jurisdiction where convicted shall be admissible as prima facie evidence of such conviction.

2. Failing to inform the board in writing within seven calendar days of pleading guilty or nolo contendere or being convicted or found guilty of any felony or of a misdemeanor involving fraudulent or dishonest acts or any alcohol-related or drug-related offense.

3. Failing to report to the board in writing any reports of the National Transportation Safety Board involving the licensee or the results of any disciplinary action taken by the U.S. Coast Guard against the licensee within seven calendar days of that report or action.

4. Refusing or in any other way failing to carry out an order from the pilot officers for reasons other than the public health, safety, or welfare.

5. Negligence or misconduct in the performance of duties.

6. Violating or cooperating with others in violating any provision of Chapter 9 (§ 54.1-900 et seq.) of Title 54.1 of the Code of Virginia or any regulation of the board.

7. Failing to immediately file with the president or vice president of the board, with a copy to the board administrator, a complete written account of any violation of the statutes of Virginia or of the United States relating to pilotage or failing to report in writing to the president or vice president of the board, with a copy to the board administrator, an account of all collisions, groundings, or other maritime mishaps of any description that may occur during the discharge of the pilot's duties. This report shall be received no later than seven days after such an incident.

8. Failing to report to the board any physical or mental condition that may affect the licensee's ability to perform the duties of a pilot. Such reports shall be provided within seven calendar days of the onset of the condition.

9. Refusing to comply with the board's requirement for a chemical test. Such test is required:

a. Immediately and no later than 12 hours after involvement in a collision, grounding, or other incident resulting in personal injury, death, environmental hazard, or property damage in excess of $100,000;

b. In any instance in which the board has reasonable cause to believe there is evidence of impaired performance and a test is necessary to protect the public health, safety, or welfare; or

c. Under the provisions of 18VAC45-20-50.

Refusing to comply with this requirement of subdivisions subdivision 9 a or 9 b of this section may result in summary suspension of the pilot's license in accordance with § 54.1-902 of the Code of Virginia.

10. Failing to send proof of any test required by subdivision 9 of this section to the president or vice president of the board, with a copy to the board administrator, within 48 hours of the administration of the test.

11. Reasonable cause by the board to believe there is a threat to the public health, safety, or welfare based on evidence of impaired performance or substance abuse or a positive chemical test. Such a finding may result in summary suspension of the pilot's license in accordance with § 54.1-902 of the Code of Virginia.

12. Performing or attempting to perform any of the duties of the licensee's office or job while:

a. Under the influence of illegal drugs; or

b. Under the influence of alcohol, marijuana, or any medication (controlled substance or otherwise) to the extent that the licensee was unfit for the performance of the duties or the licensee's office or job.

13. Failing to comply with any of the provisions of 18VAC45-20-50.

B. In accordance with § 54.1-902 of the Code of Virginia, discipline by the board may include (i) imposition of a monetary penalty, (ii) suspension of a license, (iii) placing a licensee on probation, (iv) failing to renew a license, or (v) revocation of a license. The board may also take a case against a licensee under advisement as provided for in § 54.1-201 A 7 of the Code of Virginia.