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AGO 1951 No. 433 - January 16, 1951
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Smith Troy | 1941-1952 | Attorney General of Washington

PILOTAGE LICENSE

A pilotage license applicant who has voluntarily surrendered his license and/or permitted it to expire, is then in the position of a new applicant.

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                                                                 January 16, 1951

Mr. A. M. Johnson, Chairman
Board of Pilotage Commissioners
Department of Labor and Industries
Olympia, Washington                                                                                                              Cite as:  AGO 49-51 No. 433

Dear Sir:

            You have requested our opinion on whether:

            An applicant for a State pilotage license who has voluntarily surrendered and/or permitted his license to expire without a renewal application, must follow the original procedure in obtaining another license.

            Summarized, our conclusion is:

            The applicant for State pilotage license who has surrendered his license or who has permitted his license to expire, is in the same position as a new applicant and must follow the same procedure.

                                                                     ANALYSIS

            Neither the State pilotage act itself, nor the rules and regulations promulgated pursuant thereto by the Board of Pilotage Commissioners provide for what might generally be termed "reinstatement" of pilotage licenses.

            Under the act and present regulations, neither the pilot who surrenders his license, nor the pilot who fails to comply with Rule 11, ("Details and Requirements of Renewal Applications") is entitled to "renew."  Permitted deviation from the rules is nowhere found, therefore, he must then comply with the  [[Orig. Op. Page 2]] only other procedure set forth by the act and the rules, i.e., he must comply as a new applicant with Rules 9 and 10, governing new licenses.  The pilot is in the same position under both acts and regulations as one who had never been licensed.

            These rules apply in all their particulars, including the provisions relating to competitive examinations.

Very truly yours,

SMITH TROY
Attorney General

JENNINGS. P. FELIX
Assistant Attorney General

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