Washington Administrative Code › Title 363 - Pilotage Commissioners, Board of › Chapter 363-116 - Pilotage rules › Section 363-116-086 - Challenges to board actions concerning licensing determinations and appeal procedures

Current through Register Vol. 24-14, July 15, 2024
This section shall apply to all proceedings involving a board
				determination made pursuant to WAC
				363-116-080:
(1) Pilot trainees who enter a training
			 program as provided in this chapter shall provide the board with an address to
			 be used for notification purposes. Such address shall be a place at which mail
			 is delivered. In addition, a pilot trainee 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 trainee 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. Notice delivered to the address provided
			 by the pilot trainee will be considered received by the pilot trainee for the
			 purpose of receipt of notification of the board's decision to deny a pilot
			 license or extend a training program as provided in subsection (2) of this
			 section.
(2) A pilot trainee who is
			 denied a license or continued in his or her training program, pursuant to a
			 decision rendered under WAC
			 363-116-080(5),
			 shall be notified of the board's determination, in writing, by the chair of the
			 board as soon as practicable. The pilot trainee shall have twenty days from
			 which notice of the decision is served to file a notice of appeal of the
			 board's decision with the board, pursuant to WAC
			 10-08-110 and
			 10-08-211. The board's decision
			 will become a final order upon expiration of twenty days from the date notice
			 is served, unless notice of appeal has been filed prior to that time. Upon the
			 filing of the notice of appeal, the chair of the board shall appoint a
			 presiding officer, who shall conduct the hearing and issue an initial order
			 pursuant to
			 chapter
			 34.05 RCW.
(3) Any hearing conducted pursuant to a
			 request for review as indicated in subsection (2) of this section shall be
			 conducted pursuant to the rules set forth in chapters 10-08 and 363-11 WAC and
			 this section. In the event of a conflict, this section shall control.
(a) The board and the trainee evaluation
			 committee shall be required to produce no more than a total of two fact
			 witnesses and no more than one expert witness in connection with any hearing
			 pursuant to this section, unless the board's chair, in his or her sole
			 discretion, believes additional witnesses are necessary to present its case.
			 This limitation shall apply to the hearing and any prehearing
			 discovery.
(b) The board has
			 determined, in its discretion, that because each pilot trainee brings different
			 skill sets to his or her training program as a result of their prior
			 experience, and the trainee evaluation committee develops an individually
			 tailored training program based upon that pilot trainee's skill set and prior
			 experience; comparisons between pilot trainees' performances in their
			 respective training program are not relevant when assessing the pilot trainee's
			 performance which is the subject of a notice of appeal and/or petition for
			 review hereunder. Any documentation or testimony concerning the performance of
			 other pilot trainees in their training program shall not be considered during
			 any proceeding involved in the review process and shall not be submitted or
			 solicited as evidence in any hearing under this section, nor shall it be
			 submitted or solicited as evidence in any discovery deposition, nor shall it be
			 included in the board's record of proceedings or any petition for
			 review.
(c) The scope of the
			 hearing shall be limited to the validity of the training and evaluation
			 process. The grounds for appeal shall be limited to the following issues:
(i) Does the training and evaluation process
			 comport with accepted psychometric and industrial/organizational psychology
			 principles and evaluation?
(ii) Is
			 the board's training and evaluation process a valid and reliable measurement
			 system meeting all criteria of formative and summative assessment?
(iii) Is the training program job
			 related?
(iv) Was the board's
			 decision made pursuant to WAC
			 363-116-080(5)
			 arbitrary and capricious?
(d) The presiding officer shall issue an
			 initial order at the conclusion of the hearing in conformance with the
			 requirements of
			 chapter
			 34.05 RCW and WAC
			 10-08-210.