Section 217.35 - Consequences of Not Fit for Duty Determination(a) If a Board-appointed physician determines that a pilot or an applicant for renewal of a pilot license is NFFD, the Executive Director shall immediately place the pilot or applicant on medical disability leave and notify the person in writing that he or she has been placed on medical disability leave. Regarding an applicant for renewal of a pilot license, the Executive Director shall also notify the applicant of the nonrenewal of the license. A pilot or applicant who has been placed on medical disability leave shall not exercise any of the duties of a pilot until determined to be FFD in accordance with this article and the Executive Director notifies the person in writing that the medical disability leave is terminated. If a pilot license expires during medical disability leave, the application period for renewal is tolled and the holder of the expired license may commence application for renewal within 30 days after the termination of the medical disability leave.(b) If a Board-appointed physician determines that a pilot trainee is NFFD, the Executive Director shall immediately notify the trainee in writing either that the trainee is terminated from the pilot trainee training program or that the trainee is placed on leave from the program for a maximum period of one year, subject to attaining FFD status within that period. A pilot trainee who has been placed on leave from the program shall not participate in the program until determined to be FFD in accordance with this article and the Executive Director notifies the trainee in writing that the leave from the program is terminated.(c) If a Board-appointed physician determines that an applicant for an original pilot license is NFFD, the Executive Director shall immediately notify the applicant in writing either that the application is denied or that consideration of the application is suspended for a maximum period of one year, subject to attaining FFD status within that period. A suspended application shall not be subject to consideration until the applicant is determined to be FFD in accordance with this article and the Executive Director notifies the applicant in writing that the application is again subject to consideration.(d) If a Board-appointed physician determines that a person who has been offered a position in the training program is NFFD, the Executive Director shall notify the applicant in writing that his or her application has been denied without prejudice to future consideration for a position in the training program and that the applicant's position on the eligibility list will remain unaffected. The person shall not again be eligible for consideration for a position in the training program until determined to be FFD in accordance with this article and the Executive Director notifies the person in writing that he or she is again subject to consideration for future openings in the training program.(e) Notifications by the Executive Director concerning fitness determinations shall be sent to the mailing address of the recipient on file with the Board and also shall be sent by electronic mail to the e-mail address, if any, designated by the recipient and on file with the Board. Concerning notification of NFFD determinations, the Executive Director shall prepare and keep on file a declaration of service for all such notifications.Cal. Code Regs. Tit. 7, § 217.35
1. New section filed 1-24-2014; operative 4-1-2014 (Register 2014, No. 4). Note: Authority cited: Section 1154, Harbors and Navigation Code. Reference: Sections 1101, 1141, 1157, 1157.1, 1157.2, 1157.3, 1157.4, 1171, 1171.5, 1176, 1176.5, 1180, 1181, 1182 and 1183, Harbors and Navigation Code.
1. New section filed 1-24-2014; operative 4-1-2014 (Register 2014, No. 4).