Washington Administrative Code › Title 363 - Pilotage Commissioners, Board of › Chapter 363-116 - Pilotage rules › Section 363-116-084 - Simulator evaluation review and appeal procedures

Current through Register Vol. 24-14, July 15, 2024
(1) Pilot applicants who take a simulator
			 evaluation as provided in this chapter shall provide the board with an address
			 to be used for notification of his/her simulator evaluation 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
			 simulator evaluation results" as provided in subsection (2) of this
			 section.
(2) A pilot applicant who
			 takes a simulator evaluation as provided in this chapter may request a review
			 of his/her simulator evaluation results. This request must be in writing and
			 must be received by the board within five business days of receipt of
			 notification of the simulator evaluation results. The standard of review for
			 reviewing the simulator evaluation results challenged by a pilot applicant is
			 that the challenged evaluation score will not be set aside unless the pilot
			 applicant proves the challenged score was the result of fraud, coercion,
			 arbitrariness or manifest unfairness.
(3) The procedure for filing a request for
			 review of the simulator evaluation is as follows:
(a) The pilot applicant must contact the
			 board office for an appointment to appear personally to review his/her
			 simulator evaluation;
(b) The pilot
			 applicant will be provided a
Review Form
to complete in the
			 board designated review location in defense of his/her simulator evaluation
			 performance;
(c) In review of
			 his/her simulator evaluation performance, the pilot applicant must demonstrate
			 that his/her proposed evaluation of the simulator evaluation is
			 correct;
(d) In review of his/her
			 simulator evaluation performance, the pilot applicant must cite on the
Review Form
provided by the board, the specific situation(s)
			 presented in the simulator evaluation (i.e., crossing, passing, meeting
			 situations, environmental changes like fog descending, navigational decisions
			 and/or rules-of-the-road interpretations) and detail why the actions he/she
			 took in that situation should receive more credit than that which was given, to
			 demonstrate that his/her score on the simulator evaluation provided by the
			 board is incorrect;
(e) Only the
			 recorded performance of the pilot applicant will be considered in any review of
			 the simulator evaluation performance. If there are assertions regarding
			 improprieties in the administration, proctoring, grading or scoring of the
			 simulator evaluations, these assertions must be documented in writing with
			 sufficient detail naming times, people, places, protested activities and
			 witnesses to permit the board to conduct an investigation;
(f) The pilot applicant will be identified
			 only by number or letter for the purpose of this review;
(g) The board will make available to the
			 pilot applicant reviewing his/her simulator evaluation a copy of his/her
			 simulator evaluation performance; and
(h) At the completion of the review session,
			 the pilot applicant will submit all the
Review Forms
to the
			 board and return all materials used to review his/her simulator evaluation. The
			 pilot applicant will not be allowed to take any notes or materials from the
			 board designated review location upon leaving.