(a) According to the needs and dictates of commerce and the interests of public safety, the Board shall from time to time solicit applications for and make appointments of apprentice pilots. No person shall be appointed to be an apprentice who does not hold either a baccalaureate degree from either a recognized and duly certified college or university, or from a maritime academy operated by the United States or a state, or a United States Coast Guard issued license to serve as third-mate on all oceans or master in near coastal waters aboard vessels of no less than 1600 tons, or a higher class of license. The number of apprentices at any 1 time shall be under the control and within the discretion of the Board of Pilot Commissioners. Apprenticeship openings, as they occur, shall be advertised for a period of not less than 1 week in a daily paper of general circulation.

(b) No person shall be appointed to be an apprentice who has committed any acts which are grounds for disciplinary action under this chapter except that the Board may waive such disqualification after a hearing that may include a review of documentation demonstrating that the person meets the criteria for a waiver if it finds:

(1) More than 5 years has elapsed since the date of the felony conviction:

(2) The person is not incarcerated, on work release, probation, parole or serving any part of a suspended sentence;

(3) The person is in substantial compliance with all court orders relating to fines, restitution and community service;

(4) The person is capable of practicing river piloting in a competent and profession manner;

(5) The granting of a waiver will not endanger the public health, safety or welfare; and

(6) The person has not been has not been convicted of a felony sexual offense.

(c) No person shall be entitled to a license in any class without first having completed the apprenticeship program enacted by regulation of the Board. The period of apprenticeship shall be 4 years, excepting those apprentices who, at the time of appointment, held the above-described third-mate’s or master’s license, whose apprenticeship need be no longer than 3 years. Apprentices must make a total of at least 500 trips over the route during their apprenticeship in vessels with first or second class pilots.

(d) This section shall apply to all apprentices appointed after May 4, 1993.

16 Del. Laws, c. 449, § 3; 18 Del. Laws, c. 554, § 1; 21 Del. Laws, c. 271, § 1; 26 Del. Laws, c. 181, § 2; Code 1915, § 955; Code 1935, § 1067; 23 Del. C. 1953, § 114; 57 Del. Laws, c. 158, § 3; 62 Del. Laws, c. 105, § 4; 64 Del. Laws, c. 195, § 7; 65 Del. Laws, c. 229, § 2; 69 Del. Laws, c. 20, § 10; 81 Del. Laws, c. 304, § 1.