Chapter LXX

A. As mandated by R.S. 34:945 .C.1, these rules and regulations are issued by the Board of Examiners of Bar Pilots for the Port of New Orleans in accordance with the Administrative Procedure Act under R.S. 49:950 et seq., for the purpose of adopting rules, regulations and require…

A. The purposes of these rules and regulations are as follows: 1. to establish standards for recommendation by the Board of Examiners of Bar Pilots for the Port of New Orleans to the governor of the state of Louisiana for appointment as bar pilots who, pursuant to R.S. 34:941 et …

A. The following terms as used in these rules and regulations, unless the context otherwise requires or unless redefined by a particular part hereof, shall have the following meanings. Administrative Procedure Act -the Louisiana Administrative Procedure Act under R.S. 49:950 et s…

A. If any provision of these rules and regulations is held to be invalid, such invalidity shall not affect other provisions or applications which can be given effect without the invalidprovision or application, and to this end, provisions of these rules and regulations are declar…

A. These rules and regulations shall be in full force and effective 90 days after final publication in the Louisiana Register . All bar pilots and bar pilot candidates shall be provided with a copy of these rules and regulations as well as any amendments, after the rules and regu…

A. No person shall be recommended to the governor for appointment as a pilot unless the applicant: 1. is a qualified elector of the state of Louisiana; 2. has served at least 12 months next preceding the date of his application in a pilot boat at the mouth of the Mississippi Rive…

A. The board of examiners shall review, and if found satisfactory, approve the apprenticeship program of the applicant, the minimum requirements of which shall be as follows: the applicant must set forth in detail the names of the vessels handled, dates handled, the direction of …

A. No person shall assume the position of bar pilot until he shall have first taken the oath prescribed by law and has furnished a bond in favor of the governor in the amount of $2,000 conditioned on the faithful performance of his duties imposed upon him as a bar pilot. This bon…

A. A state commissioned bar pilot for the Port of New Orleans shall be required to retire on or before the date of his/her sixty-eighth birthday. It shall be the pilot's responsibility to insure that his/her pension begins in a timely fashion. Notes La. Admin. Code tit. 46 , § LX…

Administrator - the Administrator of the Louisiana Pilotage Fee Commission. Chairman - the Chairman of the Louisiana Pilotage Fee Commission. Commission - the Louisiana Pilotage Fee Commission. Hearing Panel - a panel of at least three Commissioners selected by the Chairman to ad…

A. The purpose of these Rules, adopted pursuant to Louisiana Revised Statute 34:1125(A), is to provide for a simple, orderly, and efficient system of practices and procedures to establish pilotage fees before the Pilotage Fee Commission to the end that justice may be served, the …

A. These Rules shall govern the general procedure for the institution, conduct, and determination of all proceedings before the Pilotage Fee Commission. Except as otherwise provided by Louisiana Revised Statutes 34:1121, et seq., and these Rules including Rule 10, the Commission …

A. The officers of the Commission shall be a chairman, vice-chairman, and secretary who shall be elected from among the at-large members of the Commission. 1. Officers of the Commission shall be elected by no less than six votes of the members of the Commission. 2. An election of…

A. The domicile of the Commission, established pursuant to La. R.S. 34:1121 .B (11), is East Baton Rouge Parish. B. The offices of the Commission shall be located at (name of building and street address) in East Baton Rouge Parish until public notice of or change in location with…

A. In accordance with La. R.S. 34:1122 .A(2), the Commission shall employ an Administrator whose compensation shall be fixed by the Commission. B. The Administrator shall be the chief administrative officer of the Commission. He shall perform his duties, responsibilities and func…

A. The Commission may assign contested dockets or such other matter as it deems appropriate to a Hearing Master. B. A Hearing Master shall satisfy the following qualifications: 1. licensed to practice law in the state of Louisiana; 2. a member in good standing of the Louisiana St…

A. An at-large member of the Commission shall not have any ex parte communication with any member of any pilot association or with any member of the nominating industry groups or any other person or entity that has an interest in any issue pending or that may come before the Comm…

A. All records of the Commission, except as provided in these Rules, including Rule 10, whether received or generated in the discharge of any of its functions shall be public records which shall be available to members of the public upon compliance with the provisions of the Publ…

A. A pilot association, a member of industry, or any other person with a substantial interest submitting documents to the Commission, including the submission of relevant records of entities or persons not party to a proceeding, may request that the Commission maintain such docum…

A. The ordinary and necessary operating and administrative expenses of pilotage included in pilotage fees and rates as provided by La. R.S. 1122(B)(1) shall include the reasonable administration and operational costs of the Commission ( Commission Operational Costs ). B. For purp…

A. The Chairman shall call regular meetings of the Commission. At least one regular meeting of the Commission shall be called by the Chairman every quarter, at such times and places as the Commission shall designate for the purposes of public hearing, consideration of and rulings…

A. The Administrator shall designate an official reporter to tape and make available for transcription a taped, verbatim record of each Commission meeting. Interested parties can obtain tapes or transcripts upon request and payment of the costs of production or transcription. The…

A. Conduct. Every party, witness, attorney or other representative shall comport himself in all proceedings with proper dignity, courtesy and respect for the Commission, the Hearing Panel, the Hearing Master, and all other parties. Disorderly conduct will not be tolerated. Attorn…

A. Computing Time. In computing any period of time prescribed or allowed by these rules, by order of the Commission, Hearing Panel or Hearing Master, or by any applicable statute, the day on which the designated period of time begins to run shall not be included. Furthermore, a d…

A. Parties to proceedings before the Pilotage Fee Commission are applicants, petitioners, respondents and intervenors. Regardless of errors in their designation of themselves in their pleadings, the Commission may align parties in accordance with their interest in the proceedings…

A. Any party with a substantial interest in a proceeding before the Commission may participate provided that notice of intervention, protest or support is filed with the Commission within 25 days or such other reasonable period of time directed by the Commission (but not less tha…

A. Any person may appear personally or through an attorney at law authorized to practice law before the highest court of any State. A natural person may appear in his own behalf. A corporation, partnership or association may appear and be represented by any officer, partner, memb…

A. Pleadings filed before the Louisiana Pilotage Fee Commission shall be Requests for Action, petitions, notices of intervention, protest or support; answers, motions and responses, and exceptions. Regardless of any error in the designation of a pleading by the pleader, it shall …

A. Typewritten or Printed. All pleadings filed in any proceeding shall be typewritten. The impression shall be on one side of the paper, and lines shall be double-spaced, except that long quotations, tables or schedules of data, etc., may be single-spaced, and indented. Any paper…

A. Every motion relating to a pending proceeding shall, unless made during a hearing, be written, and shall set forth the relief sought and the specific reasons and grounds therefore. If based upon matters which do not appear of record, it shall be supported by affidavit. Any mot…

A. Any pleading may be amended at any time upon motion and following approval by the Commission, the Hearing Panel or the Hearing Master, provided that a Request for Action or other pleading upon which notice has been published shall not be amended so as to broaden the scope ther…

A. Any pleading may adopt and incorporate, by specific reference thereto, any part of any document or entry in the official files and records of the Commission. Testimony, exhibits, and other matters of a like nature are excepted from this Rule, unless with specific approval of t…

A. When any Request for Action has been heard by the Commission and has been denied, the Commission will not entertain a further application from the same applicant covering identical or similar situations, until the expiration of six months from the date of such a grant or denia…

A. Any filings before the Commission shall be made with the Administrator. Filings shall be by hand delivery, mail, electronically when electronic access is available, or if less than 25 pages via facsimile transmission. Unless otherwise provided, all filings shall be deemed file…

A. Upon the filing of any pleading with the Administrator, he shall forthwith examine it to determine if it is timely and in compliance with Rule 20. If it is found to be untimely, the Administrator shall return the pleading to the person making it, with a statement of the reason…

A. By Publication 1. Notice of all Requests for Action or other filings by which new proceedings are initiated before the Commission shall be published by the applicant in the official journal of the state and of East Baton Rouge Parish. Such notice shall include the name and add…

A. When a notice of intervention is timely filed with the Administrator after the publication of notice as provided in Rule 27, the Administrator shall assign such case to the contested docket and notify the parties of the time and place of the initial status conference. The Comm…

A. Where no notice of intervention has been timely received by the Administrator after the publication of notice as provided in Rule 27, the Administrator shall assign such case to the uncontested docket. All cases on the uncontested docket shall be processed as expeditiously as …

A. Formal discovery shall be conducted in proceedings in accordance with the Louisiana Code of Civil Procedure. Notes La. Admin. Code tit. 46 , § LXX-12501 Promulgated by the Office of the Governor, Pilotage Fee Commission, LR 32:620 (April 2006). AUTHORITY NOTE: Promulgated in a…

A. Discovery requests and responses shall not be filed with the Commission. Rather, the originals of the requests and responses shall be maintained by the parties, who shall serve as the official custodians of the documents, unless: 1. filing is ordered by the Commission, Hearing…

A. Any party propounding or responding to discovery requests shall mail copies of the requests or written responses to all parties of record. Notes La. Admin. Code tit. 46 , § LXX-12503 Promulgated by the Office of the Governor, Pilotage Fee Commission, LR 32:620 (April 2006). AU…

A. A motion for protective order, or other request to limit discovery, may include a request for confidentiality pursuant to Rule 10. In the event a protective order is issued, or discovery is otherwise limited, the Commission, Hearing Panel or Hearing Master may designate in wri…

A. The taking of depositions in any proceeding shall be governed by the La. Code of Civil Procedure. Notes La. Admin. Code tit. 46 , § LXX-12505 Promulgated by the Office of the Governor, Pilotage Fee Commission, LR 32:621 (April 2006). AUTHORITY NOTE: Promulgated in accordance w…

A. Upon written notice and pursuant to La. R.S. 34:1122 (D)(3), a scheduling conference will be conducted by the Commission, Hearing Panel or Hearing Master between the parties or their attorneys or other representatives to establish a schedule for the proceeding, which may inclu…

A. A motion for postponement shall be filed in writing prior to the date set for the hearing and shall set forth under oath the specific grounds upon which it is sought. The motion may be granted by the Commission, Hearing Panel or Hearing Master for good cause shown. Notes La. A…

A. A motion for consolidation of two proceedings, if made prior to hearing, shall be in writing, signed by the movant, his attorney or representative, and filed with the Administrator prior to the date set for hearing. No two or more proceedings shall be consolidated or heard joi…

A. All official hearings conducted in any proceeding shall be open to the public, unless the Commission, Hearing Panel or the Hearing Master decides that a closed hearing is necessary to protect information that is exempt from public disclosure under the Public Records Act, La. R…

A. The Commission, Hearing Panel or Hearing Master shall direct all parties to enter their appearances on the record. In all proceedings, the petitioner or applicant shall open. Where several proceedings are heard on a consolidated record, the Commission, Hearing Panel or Hearing…

A. Consistent with the protections provided in these Rules for confidential information, the Administrator shall make or cause to be made an official recording of each hearing. Copies of hearing tapes shall be available for purchase by anyone from the Administrator. B. Consistent…

A. The pilot's duties and responsibilities are particular to a pilotage area. A pilot is required to inform a vessel's navigators of the local conditions in the pilotage area. The pilot is required to possess qualities of expertise and knowledge in the territory of the pilotage w…