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Sunday, January 10, 2016

IN THE MATTER OF THE NEW JERSEY MARITIME PILOT & DOCKING PILOT COMMISSION'S DETERMINATION REGARDING EXAMINATION REQUIREMENT FOR LICENSURE OF NEW JERSEY DOCKING PILOTS A-5176-13T1

IN THE MATTER OF THE NEW JERSEY MARITIME PILOT & DOCKING PILOT COMMISSION'S DETERMINATION REGARDING EXAMINATION REQUIREMENT FOR LICENSURE OF NEW JERSEY DOCKING PILOTS
A-5176-13T1
In this appeal, appellants challenged the validity of a regulation adopted by the New Jersey Maritime Pilot & Docking Pilot Commission, which required docking pilot apprentices to pass an examination before licensure as a docking pilot. We rejected appellants' contentions that the regulation was inconsistent with the New Jersey Maritime Pilot and Docking Act, which had no such requirement, was contrary to legislative intent, transgressed the Commissions enabling legislation, and lacked regulatory standards. We held that the regulation fell within the substantive authority vested in the Commission under the Act and was consistent with and achieved the express
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legislative policies and overall objectives underlying the Act. We also held that the docking pilot regulations as a whole provided sufficient regulatory standards to inform the public and docking pilot apprentices of the content of the examination.