1. (1) Pilot applicants who take a simulator evaluation as provided in this chapter shall provide the board with an email address to be used for notification of their individual simulator evaluation results. It will be the responsibility of the pilot applicant to ensure that the board has a current working email address at all times, as outlined in the applicant agreement section of the application submitted to the board. 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. (2) A pilot applicant who fails a simulator evaluation as provided in this chapter may submit an appeal for review by the board and/or a committee designated by the board and/or by a firm under the contract with the board for development and grading of the simulator evaluation. This appeal must be submitted via the Appeal Form within 24 hours of receipt of email notification of the simulator evaluation results. The standard for reviewing the simulator evaluation results challenged by a pilot applicant is that the failing decision will not be set aside unless the pilot applicant proves the challenged score was the result of fraud, coercion, arbitrariness or manifest unfairness.

3. (3) The procedure for filing an appeal of the simulator evaluation 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 decision on the board website (http://pilotage.wa.gov) and subsequent email notification to applicants of their results. The Appeal Form will be distributed to applicants as a link within the results email;
   2. (b) The pilot applicant must identify which aspect (scenario-based content, logistics of administration, improprieties in development or scoring) of the simulator evaluation process they are appealing;
   3. (c) If there are assertions regarding improprieties in the administration, proctoring, grading, or scoring of the simulation-based exams, these assertions must be documented with sufficient detail naming times, people, places, protested activities, and witnesses to permit the board to conduct an investigation;
   4. (d) If applicable, the pilot applicant must cite the specific situation(s) presented in the simulator evaluation (i.e., docking, undocking, meeting situations, ship particulars, navigational decisions) and detail how the situation was not job-related and therefore not a valid measure of piloting skills;
   5. (e) Only the recorded performance and the accompanying completed scoring rubric of the pilot applicant will be considered in any review of the appeal;
   6. (f) The pilot applicant will be identified only by number or letter for the purpose of the review of the Appeal Form.

4. (4) The procedure for the board's review of the appeal of the simulator evaluation filed 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 simulator evaluation will review the recording of the simulator evaluation and the Appeal Form completed by the pilot applicant; and
   2. (b) After completion of such review the pilot applicant will be provided with the decision regarding review of the Appeal Form via email. The email will show any score adjustment for the 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 to appeal the simulator evaluation results. 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 and issues for the adjudicative hearing and any further appeal shall be limited to the following:

   1. (a) Was the appeal procedure set forth in WAC 363-116-083 (2) through (4) 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 363-116-084, filed 2/24/26, effective 3/27/26; WSR 12-05-064, § 363-116-084, filed 2/15/12, effective 3/17/12. Statutory Authority: Chapter 88.16 RCW and 2008 c 128. WSR 08-15-119, § 363-116-084, filed 7/21/08, effective 8/21/08.]