Washington Administrative Code
Title 363 - Pilotage Commissioners, Board of
Chapter 363-116 - Pilotage rules
Section 363-116-083 - Written examination protest and appeal procedures
Current through Register Vol. 24-24, December 15, 2024
(1) Pilot applicants who take a written examination as provided in this chapter shall provide the board with an address to be used for notification of his/her written examination results. Such address shall be a place at which mail is delivered. In addition, a pilot applicant may provide the board with other means of contact such as telephone numbers and/or e-mail addresses. It will be the responsibility of the pilot applicant to ensure that the board has a current mailing address at all times. The mailing address will be considered the primary means of notice by the board. If the pilot applicant cannot personally receive mail at the address provided to the board for any period of time, another person may be designated in writing and notarized to the board as having power of attorney specifically to act on the pilot applicant's behalf regarding such notice. Notice delivered to the address provided by the pilot applicant will be considered received by the pilot applicant for the purpose of "receipt of notification of the written examination results" as provided in subsection (2) of this section.
(2) A pilot applicant who takes either a written examination as provided in WAC 363-116-076 or a written local knowledge examination as provided in WAC 363-116-078 that cannot be retaken may submit a written protest regarding any such examination for review by the board and/or a committee designated by the board and/or by a firm under contract with the board for development and grading of the written examination. The standard of review for reviewing the written examination protests submitted by a pilot applicant is that the written examination score will not be set aside unless the pilot applicant proves the challenged score was the result of fraud, coercion, arbitrariness or manifest unfairness. If it finds that reasonable cause exists to question a written examination grade, the board may allow a pilot applicant protesting his/her written examination results to enter the simulator evaluation. If the pilot applicant chooses to enter the simulator evaluation before the pilot applicant receives notification of the result of the review of his/her Protest Form the pilot applicant shall be at all times responsible for the charge to enter the simulator evaluation. No pilot applicant approved by the board for entry into the simulator evaluation shall be disqualified by the successful examination appeal of another pilot applicant. Pilot applicants are not entitled to a review of the results of a written local knowledge examination given pursuant to WAC 363-116-078 if the pilot applicant is eligible to retake the written examination.
(3) The procedure for submitting a protest regarding the written examination or a written local knowledge examination that cannot be retaken is as follows:
(4) The procedure for review of the Protest Form submitted by the pilot applicant is as follows:
(5) A pilot applicant who is not satisfied with the result of such review of his/her Protest Form may request an adjudicative hearing pursuant to RCW 88.16.090 and governed by the provisions of chapter 34.05 RCW to appeal his/her written examination results. Such hearing must be requested within thirty days of receipt of the result of the review of the Protest Form by sending a written request for an adjudicative hearing to the board of pilotage commissioners' office. The grounds and issues for the adjudicative hearing and any further appeal shall be limited to the following:
Statutory Authority: Chapter 88.16 RCW. 12-05-064, § 363-116-083, filed 2/15/12, effective 3/17/12. Statutory Authority: Chapter 88.16 RCW and 2008 c 128. 08-15-119, § 363-116-083, filed 7/21/08, effective 8/21/08. Statutory Authority: Chapter 88.16 RCW and 2005 c 26. 05-18-021, § 363-116-083, filed 8/29/05, effective 10/1/05. 97-08-042, recodified as § 363-116-083, filed 3/28/97, effective 3/28/97. Statutory Authority: RCW 88.16.035. 88-10-038 (Order 88-10, Resolution No. 88-10), § 296-116-083, filed 5/3/88.