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. 24-14, July 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:
(a) The pilot
			 applicant must submit a protest in writing to the person administering such
			 examination on the day that the pilot applicant takes such examination and
			 before the pilot applicant leaves the examination room;
(b) On the day of such examination the pilot
			 applicant will be provided a
Protest Form
by the person(s)
			 administering such examination at the time that documents for taking such
			 written examination are given to the pilot applicant;
(c) In defense of his/her written examination
			 answers and in support of the pilot applicant's reasons for protesting a
			 question or questions, the pilot applicant must write on the
Protest
			 Form
the reason(s) why he/she protests a question or questions, what
			 the pilot applicant claims is the correct answer to the protested question(s),
			 and if a protested question(s) involves mathematical calculations provide the
			 calculations that the pilot applicant claims are correct;
(d) If there are protests regarding
			 improprieties including but not limited to the administration and proctoring of
			 the examination, 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;
(e) The pilot applicant will be identified
			 only by number or letter for the purpose of review of the
Protest
			 Form
;
(f) The pilot
			 applicant shall submit his/her
Protest Form
at the same time
			 that he/she submits the answer sheet for such written examination to the
			 examination administrator.