WSR 11-08-057

PREPROPOSAL STATEMENT OF INQUIRY

BOARD OF

PILOTAGE COMMISSIONERS

[ Filed April 5, 2011, 2:34 p.m. ]

Subject of Possible Rule Making: WAC 363-116-xxx Challenges to board actions concerning licensing determinations and appeal procedures.

Statutes Authorizing the Agency to Adopt Rules on this Subject: Chapter 88.16 RCW, Pilotage Act.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: To enact procedures for challenging board determinations made pursuant to WAC 363-116-080 as to whether a trainee should be issued a pilot's license. Currently, there is no such framework enacted to specifically address challenges to decisions made pursuant to WAC 363-116-080. Conversely, there are procedures for challenging determinations as to whether pilot applicants successfully passed the written tests and simulator tests, which are found in WAC 363-116-083 and 363-116-084. The proposed WAC would set forth the procedures for challenging the board's determinations made pursuant to WAC 363-116-080, which would include express notice requirements, procedures for any adjudicative proceeding and prehearing discovery, and the scope of any hearing and related procedures.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: None.

Process for Developing New Rule: The board's legal counsel is drafting the proposed language for this rule and will be discussing it with the board's legislative/WAC committee and at monthly board meetings. Stakeholder comments are welcome. Upon further review and consideration of this proposal, a public hearing will be scheduled to consider the proposed new rule pursuant to formal notice requirements.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Peggy Larson, Administrator, Board of Pilotage Commissioners, 2901 Third Avenue, Suite 500, Seattle, WA 98121, phone (206) 515-3904, fax (206) 515-3906, LarsonP@wsdot.wa.gov, www.pilotage.wa.gov.

April 5, 2011

Peggy Larson

Administrator

Washington State Code Reviser's Office