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Does 'showing cause' require severe misconduct or incompetence under Alaska law?

Does 'showing cause' require severe misconduct or incompetence under Alaska law?

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) requires compliance with a written request from the vessel's master, owner, or their representative to show cause for not dispatching a pilot to a specific vessel. This process ensures that the member has the right to due process and a fair hearing.

According to 12AAC56.990(a)(35), 'for cause' refers to actions taken due to incompetence or misconduct. Specifically, 12AAC56.990(a)(14) defines 'incompetent' as performing pilotage duties in a way that endangers life or property, or failing to demonstrate the necessary knowledge and skills. Meanwhile, 12AAC56.990(a)(17) defines 'misconduct' as knowingly violating AS 08.62 or its regulations during employment.

Furthermore, 12AAC56.310(c)(4)(E) mandates reporting credible information about a member that may require action under AS 08.62.150 — 08.62.155. AS08.62.150(a)(1) states that the board must impose disciplinary sanctions if a person is found incompetent in pilotage duties, while AS08.62.150(a)(6) addresses misconduct during employment.

In summary, if credible evidence of misconduct or incompetence is presented, the pilot organization must comply with the request to show cause and provide a hearing. Whether the evidence is sufficient to trigger the duty to report will depend on the specifics of each case. I cannot provide a legal opinion, but it appears that if misconduct or incompetence is proven, disciplinary actions will follow.

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)).