Section 12 AAC 56.310 - Qualifications for recognition(a) A pilot organization seeking recognition by the board must comply with the minimum qualifications in AS 08.62.175 and of this section.(b) A pilot organization seeking recognition must provide the board with a list of its members, including pilots, deputy pilots, trainees, and apprentices.(c) The articles, bylaws, or rules of a pilot organization seeking recognition by the board must include provisions that require the organization to(1) comply with all applicable federal, state, and local laws;(2) treat both its members and applicants for membership in a uniform, nondiscriminatory, and otherwise lawful manner;(3) conduct its business activities in a nondiscriminatory and otherwise lawful manner;(4) cooperate and assist the board by (A) maintaining a system that enables the organization to obtain necessary information from members on a timely basis and to respond to directives issued by government agencies having jurisdiction over pilotage;(B) maintaining a process for responding to inquiries and requests of the board or its marine pilot coordinator;(C) cooperating, and requiring its members to cooperate, with investigations and audits by or on behalf of the board;(D) acknowledging the authority of the board, for cause and after notice and hearing, to suspend or revoke the recognition of the organization;(E) 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;(F) maintaining a relationship with other pilot organizations that furthers the purposes of AS 08.62 (the Alaska Marine Pilotage Act); and(G) identifying an agent of the organization for the service of process in the state;(5) maintain in-house procedures for the handling of disciplinary actions and grievances within the organization; the procedures must, at a minimum, provide a member with the right to due process and a fair hearing;(6) adopt and revise rates for pilotage services in accordance with AS 08.62.046 and this chapter;(7) ensure fair and equal access to the experience necessary to obtain or upgrade a pilot's license under AS 08.62 and this chapter;(8) maintain fair procedures for the conduct of its internal organizational business;(9) maintain an efficient, equitable, and nondiscriminatory dispatch system at all times that enables the organization to provide prompt dispatch of pilots to the entire region, given the size of the membership of the organization, and retain the records of those dispatches for audit by the board; and(10) 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 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.(d) A pilot organization seeking recognition must demonstrate to the board that (1) the organization and its members will conduct or participate in a board approved continuing education program;(2) the organization and its members will participate in a board approved random drug or alcohol testing program;(3) the organization and its members will conduct or participate in a board approved training program;(4) the organization has a bookkeeping and accounting system that enables the organization to prepare and retain accurate and detailed financial records of the activities of the organization; and(5) the organization has an equitable system for the allocation of its members' income earned from piloting services covered by this chapter.(e) A pilot organization may provide a retirement plan or program for eligible members.(f) A pilot organization may assess a separate charge at a rate necessary to provide the benefits to be paid out under a retirement plan or program. The separate charge for the retirement plan or program may be listed separately in a published rate under AS 08.62.046.Eff. 5/13/92, Register 122; am 6/16/96, Register 138; am 2/12/2005, Register 173; am 5/26/2007, Register 182Authority:AS 08.62.040
AS 08.62.175