Chapter LXX

A. The following terms as used in these rules and regulations shall have the following meanings: Accident - any occurrence involving a vessel that results in any allision, collision, grounding, loss of life, or personal injury that requires professional medical treatment (treatme…

A. An appeal is taken by the timely filing of a notice of appeal with the board and the Board of Commissioners or Examiners. B. Upon the timely filing of a notice of appeal, the Board shall issue notice that the appeal has been timely filed to the counsel of all other parties, to…

A. After receiving a sworn complaint as defined in § 15005 of this Subpart from any source, the board shall act on the complaint at its next meeting provided it is submitted at least 30 days prior to the meeting. Within 60 days of its meeting, the board shall notify the complaina…

A. All complaints reported to the board shall be considered for investigation. A complaint under the provisions of § 304 A-F is defined as: 1. any written complaint involving a bar pilot commissioned for the Port of New Orleans; 2 any reported incident involving a bar pilot commi…

A. For those waters on which the Inland rules apply within the jurisdiction of the bar pilots, the board of examiners has adopted, by reference and in its entirety, the Inland Navigational Rules at 33 U.S.C. Section 2001 et seq. The board of examiners also adopted the navigation …

A. When a vessel, inward or outward bound to or from the Port of New Orleans employs as a pilot a person who is not a state commissioned bar pilot, when a bar pilot offers his services, the vessel, her captain and owners, shall be liable for a civil penalty of and shall forfeit t…

A. In any case where a vessel being piloted by a bar pilot shall go aground, or shall collide with any object, or shall meet with any casualty, which causes injury to persons or damage to property, the pilot shall, as soon as possible report such incident to the board. The pilot …

A. A bar pilot who is under the influence of alcohol or drugs, or who possesses or uses alcohol or drugs on the job, has the potential for interfering with his own safety as well as that of the ship he is piloting and other vessels in the area, property and personnel. Consistent …

A. The pilots may form themselves into an association not in conflict with the rules and regulations of the board. B. The formation of an association incorporated or unincorporated which is for the purpose of providing pilotage service under the law, including but not limited to …

A. The Pilot Development Program is a mandatory program administered by the board for all Association selected applicants wherein each applicant must successfully and satisfactorily perform such duties, receive training and instruction, meet required standards, pass examinations …

A. All incidents and complaints reported to the board shall be referred for investigation. 1. any source may file a sworn complaint within one year of the alleged acts complained of; 2. the board shall receive any sworn complaint from any source against any pilot, deputy pilot or…

Agent -an authorized representative of the vessel owner. Apprentice Pilot Review Committee -a committee selected by the general membership of the Associated Branch Pilots of the Port of Lake Charles to receive and review applications, interview pilot candidates, and monitor train…

A. Commissioners and examiners shall be selected as members of the board in accordance with R.S. 34:1072 . B. The officers of the board shall be chairman, vice-chairman, and secretary. C. The chairman shall preside at all meetings of the board. Except as otherwise authorized by r…

A. In any case, where a vessel under pilotage shall go aground or collide with another vessel or allide with any object or meet with any marine casualty, or be injured or damaged in any way or in the event of a near-miss of any of the above, the board shall cause to be conducted …

A. The association will act upon all requests for pilot services without delay; provided, they have been notified a minimum of four hours prior to any vessel's expressed intended need of pilot(s). B. Pilots shall consult and cooperate with the Lake Charles Harbor and Terminal Dis…

A. The association shall provide to the board of commissioners copies of all U.S. Coast Guard investigations, notices, and actions pertaining to pilotage area accidents, marine casualties, complaints, and disciplinary actions including federal suspension and revocation proceeding…

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. All meetings and notices thereof of the board of examiners shall be conducted in accordance of the Open Meetings Law ( R.S. 42:4 et seq.). The board shall meet at least once each quarter and meetings shall be called in accordance with R.S. 42:7 . Notes La. Admin. Code tit. 46 …

A. The board of examiners shall maintain records and conduct its hearings in accordance with R.S. 49:950 et seq. Notes La. Admin. Code tit. 46 , § LXX-603 Promulgated by Office of the Governor, Board of Examiners of Bar Pilots for the Port of New Orleans, LR 29:359 (March 2003), …

A. As mandated by R.S. 34:1041 , these rules and regulations are issued by the Board of Examiners for New Orleans and Baton Rouge Steamship Pilots in accordance with the Louisiana Administrative Procedure Act, R.S. 49:950 et seq., for the purpose of adopting rules, regulations an…

Applicant- any person who has submitted an application to be considered for selection into the Pilot Development Program for New Orleans and Baton Rouge Steamship Pilots. Apprentice- any person duly selected by the members of NOBRA, but not yet commissioned, who is serving in the…

A. When there is a need for new examiners, the board shall make recommendations to the governor for replacement(s) to fill any vacancies. B. When this need arises the board shall recommend only those pilots who have served at least five years as an unrestricted Louisiana state co…

A. The board shall maintain an office and conduct business as is necessary to fulfill its legislative mandate and/or as may be required by these rules. B. All ordinary and necessary operating and administrative costs and expenses of the board, including, but not limited to , the …

A. All board rules must be adopted by a majority of the examiners. The board shall maintain records in accordance with R.S. 44:1 et seq., and all other state laws. The board shall conduct its meetings in accordance with R.S. 42:4.1 et seq., and any other state laws. B. The board …

A. It is the duty and responsibility of pilots to provide for dispatching services and to maintain continuous communications sufficient to accept requests and dispatch orders for pilotage services 24 hours each day 7 days each week. B. The pilots shall organize themselves and be …

A. It is understood that any provision and/or requirement herein that is deemed invalid or unenforceable, for any reason whatsoever, may be severed from the whole and that the remaining provisions and/or requirements shall be deemed valid. Notes La. Admin. Code tit. 46 , § LXX-61…

A. The purposes of these rules and regulations is to establish standards for recommendation by the board to the governor of the State of Louisiana for appointment as a New Orleans and Baton Rouge steamship pilot, pursuant to R.S. 34:1043 . B. The board is charged by the Louisiana…

A. As mandated by R.S. 34:1041 , these rules and regulations are issued by the board in accordance with the Louisiana Administrative Procedure Act, R.S. 49:950 et seq., for the purpose of adopting rules, regulations and requirements regarding the general qualifications and examin…

A. As used in this Chapter, the following terms, unless the context otherwise requires or unless redefined by a particular part hereof, shall have the following meanings: Accredited Institution of Higher Learning- an institution that is accredited by the Commission of Colleges of…

A. Any person wishing to submit an application to enter the Pilot Development Program shall obtain an application from the board. The board's contact information is: Board of Examiners for New Orleans and Baton Rouge Steamship Pilots for the Mississippi River 2805 Harvard Avenue,…

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. The domicile of the board shall be the Parish of Orleans which address is presently 201 St. Charles Avenue, 31st Floor, New Orleans, LA 70170 or such other address as the board members establish from time to time. B. The board shall meet at least twice a year, at times and pla…

A. The officers of the board shall be a chairman, a vice chairman, and a secretary/treasurer, who shall be elected at the first meeting of the board, and annually thereafter. B. Elections of officers shall be held annually. There shall be no limit to the number of times a member …

A. No provision contained in this Subpart shall limit or supersede the duties and responsibilities of the Board of Commissioners or Examiners. Act 902, 2004 Leg., Regular Session (codified at R.S. 34:1131 et seq.) created the Board of Louisiana River Pilot Review and Oversight an…

A. The Board of Commissioners or Examiners shall submit reports to the board related to accidents involving any state commissioned pilot subject to this Rule while the pilot is acting under his state commission, reports as to consent disciplines agreed to by and between a state c…

A. The board may request, at any time, completed reports from the Board of Commissioners or Examiners related to accidents involving any state commissioned pilot subject to this Rule while the pilot is acting under his state commission. Reports are considered completed upon the B…

A. 1. After receiving a report on any accident, consent discipline, or formal disciplinary adjudication from the Board of Commissioners or Examiners, the board shall act on the report at its next meeting, provided it is submitted 30 days prior to the meeting, and shall either: a.…

A. Any aggrieved party to a formal disciplinary proceeding before the Board of Commissioners or Examiners has the right, at the party's discretion, to obtain a review of the final decision of the Board of Commissioners or Examiners by filing a written notice of appeal with the bo…

A. Any source may file a sworn complaint within one year of the alleged acts complained of. B. The board shall receive any sworn complaint from any source against a state commissioned pilot while in the performance of his duties, including acts of misconduct, carelessness, incomp…

A. In compliance with R.S. 34:1135 .I, the board requires that the Board of Commissioners or Examiners maintain a permanent accident or incident record on each pilot it regulates as well as an accident investigation file as long as the pilot involved has a state pilot commission.…

A. The board shall provide to all state commissioned pilots a copy of the board's rules and regulations. B. In compliance therewith the Board of Examiners or Commissioners shall on behalf of the board furnish the state commissioned pilots they regulate a copy of the board's rules…

A. Considering the purpose of the board and the Boards of Commissioners or Examiners is to regulate state commissioned pilots and not to determine issues of liability or negligence, certain prohibitions concerning the use of its reports and testimony from their members and employ…

A. As mandated by R.S. 34:945 .C.l, these rules and regulations are issued in accordance with the Administrative Procedure Act under R.S. 49:950 et seq., for the purpose of establishing minimum standards of conduct for bar pilots and for the proper and safe pilotage of sea-going …

A. The purposes of these rules and regulations are as follows: 1. to establish certain minimum standards of conduct, including conduct relative to neglect of duty, drunkenness, carelessness, habitual intemperance, substance abuse, incompetency, unreasonable absence from duty, and…

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…