How May A Marine Pilot Be Disciplined in Alaska?

Q: What are the reporting requirements for pilot misconduct in Alaska?

In Alaska, credible information about a pilot's misconduct or incompetence must be reported according to 12AAC56.310(c)(4)(E). If a pilot is found incompetent or engages in misconduct, disciplinary sanctions may be imposed under AS08.62.150(a)(1) or AS08.62.150(a)(6).

Q: What is the process for showing cause in Alaska pilotage?

The process for showing cause in Alaska pilotage involves compliance with a written request from the vessel's master, owner, or their representative. This process ensures due process and a fair hearing regarding the pilot's actions or decisions not to dispatch a pilot.

Q: What happens if a pilot is found incompetent in Alaska?

If a pilot is found incompetent in Alaska, the board is required to impose disciplinary sanctions as outlined in AS08.62.150(a)(1). This may include suspension or revocation of the pilot's license, depending on the severity of the incompetence.

Q: What constitutes misconduct for pilots in Alaska?

In Alaska, misconduct for pilots is defined as knowingly violating the laws or regulations related to pilotage during their employment (12AAC56.990(a)(17)). This can include actions that compromise safety or fail to adhere to established protocols.

Full question:

0000000000000 In the Alaska Marine Statutes found athttp://www.dced.state.ak.us/occ/pub/MarineStatutes.pdfDoes the term 'showing cause' found in 12AAC56.310(c)(10) indicate that the 'cause' must be severe enough to meet the definition of 'for cause' found in 12AAC56.990(a)(35) meaning 'incompetence' as defined in 12AAC56.990(a)(14) or 'misconduct' as defined in 12AAC56.990(a)(17) and therefore invoke the reporting requirements of 12AAC56.310(c)(4)(E) via AS08.62.150(a)(1) or AS08.62.150(a)(6)?

Category: Employment
Date: 04/07/2025
State: Alaska

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.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What does 'for cause' mean under Alaska law?

'For cause' under Alaska law refers to actions taken due to either incompetence or misconduct. Incompetence is defined as performing pilotage duties in a way that endangers life or property or failing to demonstrate necessary knowledge and skills (12AAC56.990(a)(14)). Misconduct involves knowingly violating applicable laws or regulations during employment (12AAC56.990(a)(17)).