Or. Admin. Code § 856-016-0010

Current through Register Vol. 64, No. 1, January 1, 2025

Section 856-016-0010 - Renewal of License

(1) Application for renewal of license shall be made on a form provided by the Board, signed by the applicant, accompanied by a copy of a current "Medical Certificate: issued by the U.S. Coast Guard and presented to the administrator of the Board at least thirty (30) days prior to expiration of the license.

(2) Every state-licensed pilot shall be required to have an annual physical examination by an Oregon or Washington licensed physician within eleven (11) months prior to the date the pilot is required to submit application for renewal of license to the Board. The application for renewal of license shall be accompanied with a copy of the "Summary to be Completed by Medical Practitioner" page of the U.S. Coast Guard physical examination report.

(a) If the examining physician determines that the licensee is not competent to perform the suties of a pilot, the licensee is not medically eligible to renew a state-issued pilot license.

(b) If the examining physician determines that the licensee is competent to perform the duties of a pilot, the licensee is medically eligible to renew a state-licensed pilot license.

(3) All state-licensed pilot shall either:

(a) Provide proof to the Board that the licensee is participating in a U.S. Coast Guard compliant random drug testing program, or

(b) Within six (6) months prior to the expiration of their license, submit to a test that detects impairing substances. A pilot who tests positive for any of these substances is considered impaired. To be eligible for license renewal, a test must show the licensee is free of the following substances: Cocaine, Opiates, Marijuana (THC), Amphetamines and PCP (phencyclidine). Testing will be in accordance with the Department of Transportation (Coast Guard) guidelines outlined in the Code of Federal Regulations 46, CFR § 16 (2009). Urine specimens are to be analyzed by a laboratory that meets DHHS regulations set forth by the National Institute of Drug Abuse (NIDA).

(4) All applicants for renewal of licenses shall submit a copy of their currently applicable United States government license with radar endorsement issued by the U. S. Coast Guard.

(5) All applicants for renewal of unlimited licenses shall provide certification of meeting the continuing professional development requirements specified in OAR 856-016-0001. Unless waived as provided below in paragraph (8) or as provided in OAR 856-016-0001, failure to comply with all requirements for renewal of license shall constitute the failure to submit a complete application for renewal and will result in the withholding of the renewal license.

(6) Each license issued is valid for one year and only the Unlimited state license may be renewed.

(7) Notwithstanding subsection (4) of this section, if a pilot has submitted an application for renewal of the pilot's federal license at least 60 days prior to the expiration date of his federal license, but the U. S. Coast Guard has not completed its renewal process by the expiration date for the federal license and the pilot has, for that reason, no currently applicable federal license at the time of renewing his state license, then the Board may issue a provisionally renewed state license. Any pilot to whom a provisionally renewed state license is issued must report to the Board every 30 days regarding the status of the pilot's federal license renewal. If the U. S. Coast Guard completes its processing for the federal license but declines to renew the federal license, the board may treat the refusal to renew the federal license as a suspension or revocation of the federal license.

(8) Notwithstanding subsection (5) of this section, a pilot who has submitted a timely and otherwise complete application for renewal of the pilot's state license but has not completed one or more of the requirements specified in 856-016-0001(1) may make a written request for a temporary waiver. If the pilot has never previously been granted a provisional renewal under this subsection, the pilot's license may be renewed, with the following stipulations:

(a) Any pilot to whom a provisionally renewed state license is issued under this subsection must, within 90 days of provisional renewal, demonstrate completion of all of the requirements specified in 856-016-0001(1) or permanently retire the pilot's state license without possibility of renewal.

(b) Failure within 90 days of provisional renewal to demonstrate completion of all of the requirements specified in 856-016-0001(1) or to permanently retire the pilot's state license, shall constitute a serious danger to public health and safety under ORS 183.430(2), and the Board may immediately suspend the pilot's license without hearing.

(9) State and National Emergencies:

(a) The Board may waive section (2) of this rule (annual physical) for one or more pilots if:

(A) The Board determines that, because of a state-wide or national emergency, obtaining a timely, annual physical examination is impossible or impracticable; and

(B) The pilot provides documentation to the Board at the time of renewal that the pilot has scheduled a physical examination, even if the scheduled date is not timely; and

(b) Section (4) of this rule (proof of valid federal license) is waived if:

(A) The U.S. Coast Guard has extended the expiration date of the Merchant Mariner Credentials required for state pilotage without processing the license for renewal; and

(B) A pilot provides documentation to the Board at the time of renewal that the pilot has completed and submitted to the U.S. Coast Guard an application to renew the required Merchant Mariner Credentials; but

(C) If the U.S. Coast Guard completes its processing for the federal license but declines to renew the federal license, the Board may treat the refusal to renew the federal license as a suspension or revocation of the federal license.

Or. Admin. Code § 856-016-0010

PC 1, f. 10-29-57, ef. 7-1-57 ; MP 2-1984, f. & ef. 10-4-84; MP 3-1988, f. & cert. ef. 11-9-88; MP 1-1992, f. & cert. ef. 4-29-92; MP 1-1995, f. & cert. ef. 5-9-96; BMP 1-2000, f. & cert. ef. 12-6-00; BMP 4-2006, f. 9-28-06, cert. ef. 10-6-06; BMP 1-2007, f. 1-25-07, cert. ef. 1-26-07; BMP 4-2008, f. & cert. ef. 1-24-08; BMP 1-2009(Temp), f. & cert. ef. 2-10-09 thru 8-7-09; Reverted to BMP 4-2008, f. & cert. ef. 1-24-08; BMP 5-2009, f. & cert. ef. 8-24-09; BMP 1-2010, f. & cert. ef. 4-27-10 ; BMP 1-2011, f. 6-28-11, cert. ef. 6-29-11; BMP 7-2011, f. 12-29-11, cert. ef. 12-30-11; BMP 1-2017, f. & cert. ef. 4-7-17; BMP 4-2018, renumbered from 856-010-0015, filed 04/25/2018, effective 04/25/2018; BMP 14-2018, minor correction filed 05/23/2018, effective 5/23/2018; BMP 3-2019, temporary amend filed 03/20/2019, effective 3/20/2019 through 09/09/2019; BMP 6-2019, amend filed 07/09/2019, effective 7/9/2019; BMP 12-2019, minor correction filed 09/26/2019, effective 9/26/2019; BMP 2-2020, temporary amend filed 03/20/2020, effective 03/20/2020 through 09/15/2020; BMP 3-2020, temporary amend filed 04/06/2020, effective 4/6/2020through 9/15/2020; BMP 7-2020, temporary amend filed 09/16/2020, effective 9/16/2020 through 3/14/2021; BMP 9-2020, amend filed 12/11/2020, effective 12/11/2020; BMP 3-2023, amend filed 03/10/2023, effective 3/10/2023

Statutory/Other Authority: ORS 776 & 670

Statutes/Other Implemented: ORS 776.115 & 670.310