How May A Marine Pilot Be Disciplined in Alaska?
Full Question:
Answer:
12AAC56.310(c)(10) refers to "comply with a written request from the master or owner of a vessel, or that person's representative, showing cause to not dispatch a particular member to pilot to a particular vessel and maintain in-house procedures to provide a member with the right to due process and a fair hearing to contest that action." as a qualification for recognition.
12AAC56.990(a)(35) states that "“for cause” means due to incompetence or misconduct. "
12AAC56.990(a)(14) states "“incompetent” means the exercise of pilotage duties in a manner which endangers life or property or failure to exercise the requisite knowledge and skill required of a pilot;"
12AAC56.990(a)(17) states "“misconduct” means to knowingly violate a provision of AS 08.62, or regulations adopted under authority of AS 08.62, by a person during the course of that person’s employment;"
12AAC56.310(c)(4)(E) states "bringing to the attention of the department any credible information regarding a member of the organization that may require the board to act under AS 08.62.150 — 08.62.155;"
AS08.62.150(a)(1) states 08.62.150. Denial, revocation or suspension.
(a) The board shall impose a disciplinary sanction on a person licensed
under this chapter when the board finds that the person
(1) is incompetent in the performance of pilotage duties;
(a)(6) states (6) is guilty of misconduct during the course of employment;
Taken together as a whole, it would appear on a surface reading that a report of misconduct or incompetence, if found to be such, will lead to disciplinary sanctions. If a person is accused of incompetence or misconduct, the pilot organization according to 12AAC56.310(c)(10) must comply with a request to show cause and provide opportunity for a hearing. It also has a duty to report incompetence or misconduct, if based upon credible eveidence. Therefore, it will be a matter of subjective determination, based on the facts in each case, whether the evidence of incompetence or misconduct is credible enough to invoke the duty to report.
I am unable to give a legal opinion, as this service provides information of a general legal nature. The laws you have cited appear to mean that if a person is reported as being guilty of misconduct or incompetence, as defined above, a pilot organization must comply with an order to show cause and provide the accused a hearing. If the misconduct or incompetence is proven, disciplinary measures will be taken.