Chapter LXX

A. When testimony is excluded by ruling of the Commission, Hearing Panel or Hearing Master, the party offering such evidence may be permitted to make an offer of proof by dictating or submitting in writing the substance of the proposed testimony, prior to the conclusion of the he…

A. In any uncontested proceeding, the Commission, Hearing Panel or Hearing Master, as appropriate, shall receive, without regard to the legal rules of admissibility, any evidence of a form and character which would ordinarily be relied upon by a prudent person in an ordinary busi…

A. Subpoenas for the attendance of witnesses from any place in the State of Louisiana, or for the production of books, papers, accounts or documents at a hearing in a pending proceeding, may be issued by the Commission upon its own motion, or upon the written motion of a party sh…

A. Except as otherwise provided, hearings will be conducted by the Commission, Hearing Panel or Hearing Master. The Hearing Panel and Hearing Master shall have authority to: 1. administer oaths and hold hearings; 2. issue subpoenas for the attendance of witnesses at depositions a…

A. Every ruling by the Hearing Panel or Hearing Master shall be subject to review by the Commission upon its own motion. The Commission may also, upon its own motion, assert its original and primary jurisdiction and consider any question or issue pending before a Hearing Panel or…

A. Except as is provided in Subpart B, C, and D of this Rule, the preparation and review procedure for a recommendation from the Hearing Panel or Hearing Master regarding a final determination in a proceeding is as follows. 1. At the conclusion of the taking of any evidence and t…

A. Rule - each statement, guide, or requirement of the Commission for conduct or action, exclusive of those regulating only the internal management and organization of the Commission and its staff, which has the effect of implementing or interpreting substantive law or policy. B.…

A. The Commission shall make available for public inspection all rules, preambles, responses to comments, and submissions and all other written statements of policy or interpretations formulated, adopted, or used by the Commission in the discharge of its functions. All Commission…

A. An interested person may petition the Commission requesting the adoption, amendment, or repeal of a rule. B. Within sixty days after submission of a petition, the Commission shall either deny the petition in writing, stating reasons for the denial, or shall initiate rule makin…

A. The Commission shall file a certified copy of its rules with the Department of the State Register. No rule shall be effective, nor may it be enforced, unless it has been properly filed with the Department of the State Register. The inadvertent failure to mail notice and statem…

A. All orders of the Commission shall be in writing and shall be signed by at least six (6) Commissioners or by the Administrator on behalf of the Commission when so authorized. The written order of the Commission shall be issued as soon as possible after the Commission's decisio…

A. Once a final decision is rendered by the Commission, the Commission shall instruct the prevailing party to prepare a draft order. The prevailing party shall circulate the draft order to the other parties for comment. If no objections are received within ten days, the Commissio…

A. When the Commission concludes that substantial errors of procedure or the exclusion of evidence have so affected the record as to render it impracticable to determine the case justly and fairly upon the record provided by the Commission, Hearing Panel or Hearing Master, it may…

A. The Chairman shall decide the order in which the votes of Commission members are cast and, at his discretion, may vote last. Notes La. Admin. Code tit. 46 , § LXX-13205 Promulgated by the Office of the Governor, Pilotage Fee Commission, LR 32:629 (April 2006). AUTHORITY NOTE: …

A. These rules and regulations are promulgated in accordance with the provisions of R.S. 34:1135 .A in order to provide for the implementation, enforcement, and administration of R.S. 34:1131 et seq., which provide for the creation, powers, duties, and responsibilities of the Boa…

A. The purposes of these rules and regulations are as follows: 1. to establish rules and regulations for the procedures to be used by the board in performing its duty to request, receive, and review reports prepared by the Board of Commissioners or Examiners and its rendering of …

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 invalid provision or application, and to this end, provisions of these rules and regulations are decla…

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. The mission of the Board of River Port Pilot Commissioners for the Port of New Orleans is to protect the health and welfare of the citizens and property in the state of Louisiana. Navigation on the Mississippi River is a hazardous endeavor. Safe and efficient navigation on the…

A. The following terms shall have the following meaning as used in these rules. Applicant -one who submits an application to become a river port pilot apprentice. Apprentice -an applicant who has been selected to become a river port pilot pending successful completion of the appr…

A. The duties of the board are established pursuant to R.S. 34:991 . Notes La. Admin. Code tit. 46 , § LXX-3105 Promulgated by the Office of the Governor, Board of River Port Pilot Commissioners, LR 29:2069 (October 2003), amended LR 35:1882 (September 2009), Amended LR 47 878 ( …

A. Any person wishing to submit an application to become an apprentice candidate must submit a written request for an application to the board at its address or by email. The board's current address is: Board of River Port Pilot Commissioners c/o Application Request 2728 Athania …

A. Applicant must be of good moral character. Evidence of a clear police record will be considered, but the board reserves the right to examine other sources of information as to the applicant's character. B. Applicant is and has been a voter of the state of Louisiana continuousl…

A. Each applicant must meet the below listed requirements. 1. Each applicant must hold a United States Coast Guard First Class Pilot License of Steam or Motor Vessel of any gross tons for the Mississippi River from Southport to the Head of Passes and for the Inner Harbor Navigati…

A. In addition to the requirements described herein, the Applicant must have a bachelor's degree or diploma granted by a college or university accredited by one of the regional accreditation agencies recognized by the United States Department of Education for the accreditation of…

A. The applicant, when requested, must be examined by a physician, clinic, or group of physicians of the board's choosing to determine the applicant's physical condition. The examination report must reflect to the board's satisfaction that the applicant's physical condition is sa…

A. Every pilot seeking to maintain a pilot's commission must attend 40 hours of professional education classes and programs every five-year cycle as defined by the board. B. In addition, the pilot must attend a man model ship training program every five years. C. Professional edu…

A. The apprentice must serve a minimum of 12 months of apprenticeship. The apprentice will handle deep draft vessels over the operating territory under the tutelage of not less than 50 percent of the pilots. The apprentice must perform the duties of an apprentice in a professiona…

A. A pilot shall be required to resign their pilot commission in the calendar year the pilot attains the age of 70. Notes La. Admin. Code tit. 46 , § LXX-3211 Promulgated by the Office of the Governor, Board of River Port Pilot Commissioners, LR 29:2070 (October 2003), amended LR…

A. The deputy pilot development program is a mandatory program administered by the board to develop pilot skill after the pilot receives a pilot commission or license. B. The deputy pilots shall adhere to the guidelines and restrictions established by the board which may factor t…

A. Pilots and apprentices shall be free of the use of any drug as defined in §3103, excluding prescription medication as defined in § 3103 so long as the use of such prescription medication does not impair the physical competence of the pilot. B. The board shall designate a testi…

A. No pilot shall consume any alcohol of any nature whatsoever within six hours before, or during, the performance of pilotage duties. B. No pilots shall perform their duties when their blood alcohol content is 0.04 or greater. C. Any pilots who believe they would be in violation…

A. Any pilot piloting a vessel involved or allegedly involved in a marine incident shall, as soon as practical, notify the board of the incident by telephone. However, said notice must occur within two hours of the incident. B. The pilot shall provide the board a written report o…

A. All pilots shall complete at least 60 turns each calendar year. B. Any pilot who has not piloted at least 60 turns in a calendar year shall be required to report the said absence to the board. Prior to returning to the duties of a pilot, the pilot must satisfy the return to du…

A. Any person having cause to file a complaint against a pilot may file such complaint with the board. B. The complaint may be sent to the board at its address. Board of River Port Pilot Commissioners 2728 Athania Pky Metairie, LA 70002 brppc@cox.net C. The board shall investigat…

A. Any pilot or apprentice convicted of the following must notify the board prior to returning to duty as a pilot: 1. a felony; 2. any offense in which the use of drugs or alcohol is involved. B. The board shall conduct a hearing to review the competency of any pilot who has been…

A. A pilot is required on every vessel subject to pilotage any time the vessel is moved or relocated or if it is the intent to move or relocate the vessel. B. A pilot is required or on any vessel that cannot maintain safe moorings or maintain its proper position at anchor. C. The…

A. The members of the board of commissioners of the Port of New Orleans shall not be interested, directly or indirectly, in any bar pilot boat or pilotage. Notes La. Admin. Code tit. 46 , § LXX-409 Promulgated by Office of the Governor, Board of Examiners of Bar Pilots for the Po…

A. The board may conduct hearings to perform its duties. The board in its discretion may appoint a hearing officer to conduct investigations. The hearing officer shall not be a member of the board. The hearing officer shall timely conduct investigations subject to the hearing pro…

A. The board may create committees to assist the board in the performance of its duties. B. The committee will be chaired by a member of the board and will report to the board. C. The size and members of the committee shall be designated by the board. Notes La. Admin. Code tit. 4…

A. All ships and vessels inward or outward bound throughout the entrances of the Mississippi River or other inland waterway connecting the Port of New Orleans with the Gulf of Mexico, or other outside waters, except those of 100 tons or less lawfully engaged in the coasting trade…

A. When boarding an outward bound ship or vessel at the boarding stations bar pilots shall remain on board the ship until she crosses the bar, unless permission is given by the master for the pilot to absent himself from the ship or vessel. Notes La. Admin. Code tit. 46 , § LXX-4…

A. Pilots, when notified, shall report in person to the board at the time and place so designated. Notes La. Admin. Code tit. 46 , § LXX-411 Promulgated by Office of the Governor, Board of Examiners of Bar Pilots for the Port of New Orleans, LR 29:357 (March 2003), amended LR 29:…

A. No person who is not commissioned a bar pilot shall board any ship or vessel required to take a bar pilot, for the purpose of piloting, or to pilot or attempt to pilot the same; and no person or pilot shall board any such ship or vessel for the purpose of piloting, except from…

A. Whoever offers to pilot a ship or other vessel shall, if required, exhibit to the commander thereof this identification card as a bar pilot, attested to by the chairman of the board of examiners; and if he refuses or neglects to do so, he shall not be entitled to any remunerat…

A. No master, owner, or agent of a vessel required under R.S. 34:953 to take a state commissioned bar pilot shall, when a state commissioned bar pilot offers his services, employ as a pilot a person who is not a state commissioned bar pilot. B. Whoever violated this Section shall…

A. As used in this Subpart, reference to the offering of a bar pilot or the offering of services by a bar pilot shall mean any offering of any advice or assistance with respect to pilotage by the commissioned bar pilot or by his authorized representative, including but not limite…