1. (1) Pilot applicants who take a written examination as provided in this chapter shall provide the board with an email address to be used for notification of their written examination results. It will be the responsibility of the pilot applicant to ensure that the board has a current, working email address for them at all times, as outlined in the applicant agreement section of the exam application submitted to the board. Notice delivered to the email 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. (2) A pilot applicant who fails 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 an appeal 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 for reviewing the written examination appeals submitted by a pilot applicant is that the written examination score will not be set aside unless the pilot applicant proves that the failing score was the result of fraud, coercion, arbitrariness, or manifest unfairness. If it finds that reasonable cause exists to question a written examination score, the board may allow a pilot applicant appealing their individual written examination results to participate in 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 their AppealForm, 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 results 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. (3) The procedure for submitting an appeal regarding the written examination or a written local knowledge examination that cannot be retaken is as follows:

   1. (a) The pilot applicant must submit an appeal form via email to the exam administrator. This form must be submitted within 24 hours of the posting of applicant ID numbers and related pass/fail decisions on the board website (http://pilotage.wa.gov) and subsequent email notifications to applicants of their results. The appeal form will be distributed to applicants as a link within the results email;
   2. (b) The appeals process will be detailed in the written exam guidelines that will be sent to applicants once they are approved to sit for the written exam;
   3. (c) If the reason is specific to the content of a question or questions, the pilot applicant must provide their perceived issue, their perceived correct answer, and any mathematical calculations needed to provide that the question was flawed;
   4. (d) If the appeal is regarding improprieties including, but not limited to, the administration and proctoring of the examination, these assertions must be documented in writing on the appeal form with sufficient detail naming times, people, places, protested activities, and witnesses to permit the board to conduct an investigation;
   5. (e) The pilot applicant will be identified only by number or letter for the purpose of review of the Appeal Form.

4. (4) The procedure for review of the Appeal Form submitted by the pilot applicant is as follows:

   1. (a) The board, and/or a committee designated by it, and/or a firm under contract with the board for development and grading of the written examination will review the written examination and Appeal Form completed by the pilot applicant, and evidence submitted, and any related examination content; and
   2. (b) After completion of such review the pilot applicant will be provided with written notification of the decision regarding review of the Appeal Form via email. The emailed notification will show any score adjustments for the pilot applicant that was made following such review.

5. (5) A pilot applicant who is not satisfied with the result of such review of their individual Appeal Form may request an adjudicative hearing pursuant to RCW 88.16.090 and governed by the provisions of chapter 34.05 RCW. Such hearing must be requested within 30 calendar days of receipt of the result of the review of the Appeal Form by emailing a request for an adjudicative hearing to the board of pilotage commissioners' office (PilotageInfo@wsdot.wa.gov). The grounds for the adjudicative hearing and any further challenge shall be limited to the following:

   1. (a) Was the appeal procedure set forth in subsections (2) through (4) of this section followed?;
   2. (b) Was the examination conducted in accordance with accepted psychometric and industrial/organizational psychology principles as determined by an expert in these fields of study?;
   3. (c) Was the examination "job related" as determined by an expert in these fields of study?; and
   4. (d) Was the examination, scoring, and appeal process validated by an expert in these fields of study?

[Statutory Authority: Chapter 88.16 RCW. WSR 26-06-034, s 363-116-083, filed 2/24/26, effective 3/27/26; WSR 12-05-064, § 363-116-083, filed 2/15/12, effective 3/17/12. Statutory Authority: Chapter 88.16 RCW and 2008 c 128. WSR 08-15-119, § 363-116-083, filed 7/21/08, effective 8/21/08. Statutory Authority: Chapter 88.16 RCW and 2005 c 26. WSR 05-18-021, § 363-116-083, filed 8/29/05, effective 10/1/05. WSR 97-08-042, recodified as § 363-116-083, filed 3/28/97, effective 3/28/97. Statutory Authority: RCW 88.16.035. WSR 88-10-038 (Order 88-10, Resolution No. 88-10), § 296-116-083, filed 5/3/88.]