Chapter LXX

A. Briefs shall be filed only when requested or permitted by the Commission, Hearing Panel or Hearing Master. They shall conform to the rules herein provided for form of pleadings. The points involved shall be concisely stated, the evidence in support of each point shall be brief…

A. Any evidence which would be admissible under the general statutes of the State of Louisiana, or under the rules of evidence governing proceedings in matters not involving a trial by jury in the Courts of the State of Louisiana, shall be admissible before the Louisiana Pilotage…

A. In all proceedings, and after service of copies upon all parties of record at such time as may be designated by the Presiding Commissioner or Hearing Master, the prepared testimony of a witness upon direct examination, either in narrative or question and answer form, may be in…

A. The Commission, Hearing Panel or Hearing Master shall have the right in any proceeding to limit the number of witnesses whose testimony is merely cumulative. Notes La. Admin. Code tit. 46 , § LXX-12803 Promulgated by the Office of the Governor, Pilotage Fee Commission, LR 32:6…

A. Form. Exhibits of documentary character shall be of such size as not to unduly to encumber the files and records of the Commission. Wherever practicable, the sheets of each exhibit shall be not more than eight and one-half inches by eleven inches in size and numbered, and ther…

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. Applicability. This rule applies to the stipulated settlement of all issues by all parties, or any set of issues categorized for separate hearing, in any proceeding before the Commission, the Hearing Panel or the Hearing Master. In scheduling hearings, priority shall be given …

A. Unless otherwise ordered by the Commission, a docketed proceeding instituted before the Commission is deemed abandoned when the parties fail to take any step in its prosecution or defense for a period of one year. Notes La. Admin. Code tit. 46 , § LXX-13001 Promulgated by the …

A. The procedure for the proposed adoption, amendment, or repeal of any rule or regulation shall be in accordance with the rules in this Chapter. Notes La. Admin. Code tit. 46 , § LXX-13101 Promulgated by the Office of the Governor, Pilotage Fee Commission, LR 32:627 (April 2006)…

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. Prior to the adoption, amendment, or repeal of any rule, the Commission shall provide notice of its intended action and a copy of the proposed rules at least 60 days prior to taking action on the rule. The notice shall include: 1. a statement of either the terms or substance o…

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. 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. 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. 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. 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. 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. 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 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. 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. 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. 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…