justicedao/ipfs_state_laws huggingface dataset:
856-010-0006 Board Operations Fee (1) The Board operations fee shall be $70 effective July 15, 2025. Thereafter, the fee shall be reviewed quarterly and adjusted as needed as provided in subsection (2) of this section, subject to the maximum allowed by ORS 776.810(1). (2) The amount of the Board operations fee shall be reviewed quarterly, at the first Board meeting following each September 30, December 31, March 31 and June 30. In reviewing the fee and deciding whether to adjust it, the Board shall consider the total of fees remitted to the Board during the preceding quarter or quarters, the Board’s current and projected budgetary needs, the total of fees projected to be remitted to the Board during the following quarter or quarters, and any other factors deemed relevant by the Board. If the Board concludes that an adjustment to the fee is appropriate, it shall request approval for the recommended adjustment subject to ORS 776.800(4). (3) The maximum allowed amount shall be adjusted each biennium on July 1, beginning July 1, 2015. The change in the maximum allowed amount shall be proportional to the percentage change in the 24-month period prior to the beginning of the biennium in the Consumer Price Index for All Urban Consumers West Region (All Items), as published by the Bureau of Labor Statistics of the United States Department of Labor. (4) The maximum Operations Fee is $140. (5) The amount of the Board operations fee shall be published in the Oregon Pilotage Tariff for each pilotage ground under the paragraph heading “Board Operations Fee.” (6) Licensees of the Board shall invoice vessels for the Board operations fee when invoicing vessels for other authorized pilotage fees and charges. For vessels entering or leaving the Columbia River, Board licensees for the Columbia River Bar shall invoice and collect fees from inbound vessels, and licensees for the Columbia and Willamette River pilotage ground shall invoice and collect the fee from outbound vessels. For vessels entering or leaving the Yaquina Bay bar or Coos Bay bar pilotage grounds, the Board operations fee shall be invoiced and collected by the licensees for such grounds from both inbound and outbound vessels. (7) On or before the 10th day of each month, Board licensees shall remit to the Board the full amount of all Board operations fees collected from vessels during the preceding calendar month. At the time of remitting the collected fees to the Board, the remission shall be accompanied by a report of the number of vessels invoiced for the fee during the preceding month, the total amount of fees invoiced, the number of vessels from which the fee was collected during the preceding month, the total of Board operations fees collected, and the amount that remains invoiced but uncollected. Statutory/Other Authority: ORS 776 Statutes/Other Implemented: ORS 776.800 & ORS 776.810 History: BMP 1-2025, amend filed 01/15/2025, effective 01/15/2025 BMP 15-2019, amend filed 12/30/2019, effective 01/01/2020 BMP 1-2014, f. & cert. ef. 1-23-14 BMP 3-2013(Temp), f. 8-12-13, cert. ef. 8-15-13 thru 2-10-14
856-010-0007 Fee For Copies (1) All requests for copies of public records in the custody of the Oregon Board of Maritime Pilots shall be submitted in writing or by electronic mail. Requests are subject to disclosure according to the Public Records Law, ORS Chapter 192. (2) The Board may charge a fee reasonably calculated for costs of providing and conveying copies of public records. Fees shall not exceed the cost of locating, compiling, making available for inspection, preparing copy in paper, audio, computer disk, and delivering public records. Unless there is an abuse by the requestor, at least the first 30 minutes of staff time spent on the public records request is free of charge. All estimated fees and charges must be paid before public records will be made available for inspection or copies provided. (3) The Board shall notify a requestor of the estimated costs of making records available for inspection or providing copies of records to the requestor. If the estimated costs exceed $25, the Board shall provide written notice and shall not act further to respond to the request unless and until the requestor confirms that the requestor wants the Board to proceed with making the public records available. If the estimated costs exceed $250, the Board shall attempt to assist the requestor refine the request to reduce the cost, if possible. (4) Unless a request or series of requests in the aggregate is 5 pages or less, the Board shall charge 30¢ per page for public records. If, for operational or other reasons, the Board uses the services of an outside facility to photocopy or scan requested records, the Board shall charge the actual costs incurred. (5) "Page" refers to the number of copies produced. Staff will not reduce the copy size or otherwise manipulate records in order to fit additional records on a page, unless staff concludes that it would be the most effective use of their time. A double-sided copy will be charged as two single pages. (6) Additional charges for staff time may be made when responding to record requests that staff determines to require more than the normal and reasonable time for responding to routine record requests. Staff time shall be charged at $50 per hour, with a $7.50 minimum. (7) The Board shall charge any actual costs for delivery of records such as first class postage and courier fees. (8) The Board shall charge $20 for certified copies. (9) The Board shall charge $10 for compact discs containing requests. (10) The Board shall charge $5 for each audio record transmitted by email. (11) The Board shall charge actual attorney fees for the cost of time spent by its attorney in reviewing the public records request for compliance with disclosure exemptions contained in ORS Chapter 192. Statutory/Other Authority: ORS 192 & 776 Statutes/Other Implemented: ORS 192.410 - 192.440 History: BMP 2-2018, amend filed 03/20/2018, effective 03/20/2018 MP 1-1996, f. & cert. ef. 5-9-96 MP 1-1992, f. & cert. ef. 4-29-92 MP 6-1983, f. & ef. 12-15-83
856-015-0001 Training Organizations (1) New Applicants. Upon receiving a qualifying written application from an interested organization of pilots, the Board shall issue an original license to training organizations for the relevant pilotage ground. Every organization of pilots applying for licensure by the Board to provide training to apprentices or pilot trainees must: (a) Demonstrate to the satisfaction of the Board that it meets the requirements of ORS 776.311(1), and (b) Demonstrate to the satisfaction of the Board that it is able to provide the training services required for trainees and apprentices, when applicable, as set forth in OAR 856-015-0011 (Columbia & Willamette Rivers), OAR 856-015-0012 (Coos Bay Bar), OAR 856-015-0013 (Yaquina Bay Bar), or OAR 856-015-0014 (Columbia River Bar). (2) It shall be the obligation of each member of every organization of pilots licensed by the Board as a training organization to provide training and interact with apprentices and pilot trainees to a degree sufficient to teach skills and impart information and to evaluate performance as required by the Board. (3) The Board shall assign apprentices and pilot trainees for training purposes to the training organizations licensed for each ground. If more than one training organization is licensed for a pilotage ground, apprentices and pilot trainees for that ground shall be provided training by all such organizations. (4) Nothing in these rules makes any apprentice or trainee pilot an employee of the training organization or the State of Oregon, nor requires or prohibits payment of a stipend by a training organization to apprentices or pilot trainees. (5) A training organization license issued by the Board shall be valid for five years from the date of original issue and for five years each renewal period thereafter. (6) Application for renewal shall be made in writing , with certification from the training organization that: (a) The training organization continues to meet the requirements of ORS 776.311(1); (b) The training organization has provided the training required by OAR 856-015-0011, OAR 856-015-0012, OAR 856-015-0013, or OAR 856-015-0014, as applicable, for its trainees and any of its apprentices during the current licensing period; and, (c) The training organization is capable of continuing to provide the required training for its trainees and any of its apprentices throughout the upcoming licensing period. (7) Application for license renewal shall be made not less than 60 days prior to expiration. Statutory/Other Authority: ORS 776 Statutes/Other Implemented: ORS 776.311 History: BMP 9-2024, amend filed 05/22/2024, effective 05/22/2024 BMP 6-2024, minor correction filed 04/09/2024, effective 04/09/2024 BMP 23-2018, amend filed 09/13/2018, effective 09/13/2018 BMP 3-2018, renumbered from 856-010-0009, filed 04/25/2018, effective 04/25/2018 MP 1-1996, f. & cert. ef. 5-9-96
856-015-0012 Original Licensing Requirements - Coos Bay Bar Pilotage Ground When applying for a license on the Coos Bay bar pilotage ground, the applicant shall: (1) Hold a valid license as Master endorsed for Radar Observer issued by the U.S. Coast Guard and shall have served at least two years as Master aboard vessels, or, notwithstanding subsection (3), hold and have served at least five years under an unlimited state pilot’s license for a pilotage ground other than Coos Bay Bar or Yaquina Bay Bar; (2) Hold a federal Master’s license with an unlimited federal pilot’s endorsement for the Coos Bay bar pilotage ground; (3) Complete at least one hundred (100) crossings of the Coos Bay bar while under the supervision of an unlimited state-licensed Coos Bay bar pilot, with at least ten crossings with each unlimited state-licensed Coos Bay bar pilot and with at least 25 of the bar crossings completed during hours of darkness; (4) Dock and undock at least 25 ships under the supervision of an unlimited state-licensed pilot; (5) Make at least 25 trips through each of the bridges; and (6) Submit letters from each of the Coos Bay bar pilots who have supervised the training of the applicant, certifying that the applicant has demonstrated local knowledge of the pilotage ground and shiphandling skills sufficient to pilot ocean-going ships on the pilotage ground. Statutory/Other Authority: ORS 776.115 Statutes/Other Implemented: ORS 776.115 & ORS 776.300 History: BMP 23-2018, adopt filed 09/13/2018, effective 09/13/2018
856-015-0013 Original Licensing Requirements - Yaquina Bay Bar Pilotage Ground When applying for a license on the Yaquina Bay bar pilotage ground the applicant shall: (1) Hold a valid license as Master endorsed for Radar Observer issued by the U.S. Coast Guard and shall have served at least two years as Master aboard vessels, or, notwithstanding subsection (3), hold and have served at least five years under an unlimited state pilot’s license for a pilotage ground other than Coos Bay Bar or Yaquina Bay Bar; (2) Hold a federal Master’s license with an unlimited federal pilots’ endorsement for the Yaquina Bay bar pilotage ground; (3) Complete at least one hundred (100) crossings of the Yaquina Bay bar while under the supervision of an unlimited state-licensed Yaquina Bay bar pilot, or after completing two years of piloting with a state license in Coos Bay, the number of bar crossings at Yaquina Bay may be reduced to 12, with at least one such crossing with each unlimited state-licensed Yaquina Bay bar pilot and with at least twenty-five percent (25%) of the bar crossings completed during the hours of darkness; (4) Dock and undock at least 25 ships under the supervision of an unlimited state-licensed Yaquina Bay bar pilot, or after completing two years of piloting with a state license in Coos Bay, the number of dockings and undockings may be reduced to 12; (5) Make at least twenty-five (25) trips through the bridge, or after completing two years of piloting with a state license in Coos Bay, the number of trips may be reduced to 12; and (6) Submit letters from each of the Yaquina Bay bar pilots who have supervised training of the applicant, certifying that the applicant has demonstrated local knowledge of the pilotage ground and shiphandling skills sufficient to pilot ocean-going ships on the pilotage ground. Statutory/Other Authority: ORS 776.115 Statutes/Other Implemented: ORS 776.115 & ORS 776.300 History: BMP 23-2018, adopt filed 09/13/2018, effective 09/13/2018
856-015-0014 Pilot Licensing Requirements - Columbia River Bar Pilotage Ground When applying for an original license on the Columbia River Bar pilotage ground the applicant shall: (1) Hold a valid license issued by the U.S. Coast Guard as "Unlimited Master any oceans — any tonnage", endorsed for Radar Observer. (2) Hold a valid Columbia River Bar trainee license issued by the Board. (3) Make a minimum of one hundred (100) crossings of the Columbia River Bar under the supervision of a state-licensed Columbia River Bar pilot. These crossings shall be made while holding a valid federal pilot endorsement. (4) Document having been on board and observed a minimum of ten (10) ships docking or undocking from the Astoria Port Docks, Tongue Point, and other facilities. These observations shall be made while holding a state training license. (5) Document having made at least twenty-five percent (25%) of the minimum one hundred (100) crossings of the Columbia River Bar during the hours of darkness. Statutory/Other Authority: ORS 776.115 Statutes/Other Implemented: ORS 776.300 History: BMP 6-2025, amend filed 01/22/2025, effective 01/22/2025 BMP 18-2024, temporary amend filed 11/26/2024, effective 11/26/2024 through 01/31/2025 BMP 1-2022, amend filed 05/13/2022, effective 05/13/2022 BMP 23-2018, adopt filed 09/13/2018, effective 09/13/2018
856-015-0015 Restrictions on Licenses After receiving an original license the following restrictions shall apply: (1) Columbia and Willamette River Grade "C" and Grade “B” license holders shall not pilot vessels with a draft of 38 feet or greater. Columbia and Willamette River Grade “A” license holders shall not pilot vessels with a draft of 40 feet or greater. Columbia and Willamette River Grade “C”, “B” and “A” license holders shall not pilot tankers. (2) Columbia and Willamette River license holders shall not pilot any vessel through or above the Burlington Northern Railroad Bridge in the upper harbor of Portland until the licensee has completed the requirements of 856-015-0011(2). (3) Except for Columbia River bar pilots who have a minimum of two years’ experience on tankers as Master or pilot, no Columbia River bar pilot shall pilot a loaded tanker during the first two years as a licensee. (4) Coos Bay bar pilots shall not move any ship exceeding 41,000 gross tons, or exceeding 700 feet in length, or exceeding 106 feet of beam, or any ship exceeding 300 feet in length with the wheelhouse forward of amidships, during the first two years as a licensee. (5) Coos Bay bar pilots shall not move loaded tankers during the first two years as a licensee, nor shall Coos Bay bar pilots move any ship exceeding 23,000 gross tons through the bridges during the first two years as a licensee. (6) Yaquina Bay bar pilots shall not move any ship exceeding 23,000 gross tons, or any ship exceeding 300 feet in length with the wheelhouse forward of amidships, during the first two years as a licensee. (7) Yaquina Bay bar pilots shall not move loaded tankers during the first two years as a licensee. (8) The Board may, upon application by the licensee, recognize any combination of master's tanker and pilot's experience to equal any time period required by this rule. Statutory/Other Authority: ORS 670 & 776 Statutes/Other Implemented: ORS 776.115 & 670.310 History: BMP 14-2019, amend filed 12/11/2019, effective 12/11/2019 BMP 5-2019, amend filed 05/14/2019, effective 05/14/2019 BMP 10-2018, minor correction filed 05/22/2018, effective 05/22/2018 BMP 3-2018, renumbered from 856-010-0011, filed 04/25/2018, effective 04/25/2018 BMP 4-2014, f. & cert. ef. 11-26-14 MP 1-1992, f. & cert. ef. 4-29-92; MP 1-1996, f. & cert. ef. 5-9-96; BMP 1-2007, f. 1-25-07, cert. ef. 1-26-07; BMP 4-2011, f. 6-28-11. cert. ef. 6-29-11; BMP 2-2014(Temp), f. & cert. ef. 5-23-14 thru 11-19-14
856-015-0036 Certificate in Lieu of Training - Columbia & Willamette River Pilotage Ground Up to one-half of the turns required by OAR 856-015-0011(2)(d), OAR 856-015-0035(2)(e), and OAR 856-015-0035(6)(i) may be satisfied by a trainee who delivers to the Training Course Monitor and to the Board's administrator one or more certificates evidencing satisfactory completion of a course, or courses, designed by the Training Course Monitor to simulate the specific turns described in those rules on a vessel simulator at a nationally recognized, independent, marine education and training facility designated by the Board. The simulator training must have been scheduled by the Training Course Monitor. Statutory/Other Authority: ORS 776 & ORS 670 Statutes/Other Implemented: ORS 776 History: BMP 11-2024, adopt filed 07/11/2024, effective 07/11/2024
856-015-0040 Grounds for Denying Original License Application The Board may deny an application for a pilot's license, if the Board finds, after notice and hearing, that: (1) The applicant fails to meet any one or all of the requirements of the physical examination as specified in OAR 856-015-0010 and/or the physical health of the applicant is such that the applicant is not physically capable of competently exercising the license privilege and performing the work involved without creating an unreasonable risk of harm to the applicant or to the person or property of others. (2) The mental or emotional health of an applicant is such that the applicant is not competent to exercise the license privilege and is unable to perform the work involved without creating an unreasonable risk of harm to the applicant or to the person or property of others. (3) The applicant has committed a criminal act, the facts and circumstances of which bear a demonstrable relationship to the exercise of the license privilege. Conviction of a crime is not required to deny an application under this provision. (4) The applicant uses or has used alcohol, drugs, or any other substance in such a manner as to impair the applicant's physical or mental ability to exercise the license privilege without creating an unreasonable risk of harm to the applicant or the person or property of others. (5) The applicant has engaged in conduct involving dishonesty or misrepresentation, the facts and circumstances of which bear a demonstrable relationship to the exercise of the license privilege. (6) The applicant has failed to fulfill all the minimum requirements as stated in ORS Chapter 776 and OAR chapter 856. (7) The applicant has been charged with a drug or alcohol offense during the past five years, the facts and circumstances of which bear a demonstrable relationship to the exercise of the license privilege. Statutory/Other Authority: ORS 670 & 776 Statutes/Other Implemented: ORS 670.280, 670.310 & 776.115 History: BMP 13-2018, minor correction filed 05/22/2018, effective 05/22/2018 BMP 3-2018, renumbered from 856-010-0013, filed 04/25/2018, effective 04/25/2018 BMP 3-2011, f. 6-28-11, cert. ef. 6-29-11 MP 1-1992, f. & cert. ef. 4-29-92 MP 3-1988, f. & cert. ef. 11-9-88
856-015-0045 License Fees (1) The annual license fee for pilots shall be $4,322. (2) The Oregon Board of Maritime Pilots shall adjust the amount of the annual license fee for a maritime pilot for each subsequent biennium by a proportional amount equal to the percentage change in the 24-month period prior to the beginning of the biennium in the Consumer Price Index for All Urban Consumers, West Region (All Items), as published by the Bureau of Labor Statistics of the United States Department of Labor. (3) The delinquent fee for a late renewal shall be $250. Statutory/Other Authority: ORS 776 Statutes/Other Implemented: ORS 776.115, ORS 776.355, ORS 776.357, ORS 776.800 & ORS 776.810 History: BMP 1-2026, amend filed 01/09/2026, effective 01/09/2026 BMP 12-2025, amend filed 07/08/2025, effective 07/08/2025 BMP 6-2023, amend filed 07/11/2023, effective 07/11/2023 BMP 8-2021, amend filed 07/09/2021, effective 07/09/2021 BMP 15-2019, amend filed 12/30/2019, effective 01/01/2020 BMP 24-2018, renumbered from 856-010-0016, filed 10/03/2018, effective 10/03/2018 BMP 3-2017, f. 6-23-17, cert. ef. 7-1-17 BMP 3-2015, f. & cert. ef. 7-22-15 BMP 2-2013, f. & cert. ef. 7-1-13 BMP 6-2011, f. 10-31-11, cert. ef. 11-1-11 BMP 6-2009, f. & cert. ef. 8-24-09 BMP 1-2008, f. & cert. ef. 1-24-08 Reverted to MP 4-1992, f. 11-13-92, cert. ef. 12-28-92 BMP 3-2007(Temp), f. & cert. ef. 7-26-07 thru 1-21-08 MP 4-1992, f. 11-13-92, cert. ef. 12-28-92 MP 3-1992(Temp), f. 6-26-92, cert. ef. 7-1-92 MP 2-1991, f. & cert. ef. 12-27-91 MP 1-1991(Temp), f. 6-19-91, cert. ef. 7-1-91
856-015-0050 Reduced License Fees Individuals licensed by this Board as pilots for Yaquina Bay bar pilotage ground, who anticipate less than full-time employment as pilots, may pay a reduced annual license fee of $50. Statutory/Other Authority: ORS 776 Statutes/Other Implemented: ORS 776.355 History: BMP 4-2018, renumbered from 856-010-0017, filed 04/25/2018, effective 04/25/2018 MP 1-1992, f. & cert. ef. 4-29-92 MP 4-1983, f. & ef. 12-15-83
856-015-0055 Surety Bond or Deposit (1) Each pilot licensed by the Board or on file with the Board as an individual in pilot trainee status shall file with the Board a surety bond in the amount of $250 in the form provided in this rule and underwritten by a surety company authorized to do business in Oregon. (2) In lieu of the surety bond, a pilot may deposit $250 in cash or cashier’s check with the Board as surety of the pilot's obligation under ORS Chapter 776. The Board shall deposit the funds according to the regulations of the state treasurer. (3) If a pilot fails to pay the sum of $250 into the court in which a suit or action alleging negligence by the pilot has been filed, as required by ORS Chapter 776, the Board shall upon demand make such payment from the funds on deposit, if the pilot has elected such deposit in lieu of presentation of a bond. (4) Failure to present a bond or maintain on deposit a sum of $250 as surety shall be grounds for revocation of a pilot’s license. (5) When a pilot surrenders his/her license to the Board, and if no suits or actions are pending against the pilot, the Board shall return the bond or the cash deposit upon receipt of the pilot’s written request. (6) Upon expiration of the pilot’s license and if no suits or actions are pending against the pilot, the Board shall return the bond or the cash deposit upon receipt of the pilot’s written request. (7) An acceptable form of a bond is hereby made a part of this rule as shown in Appendix 1. Copies of the bond may be obtained from the administrator of the Board. [ED. NOTE: Appendices referenced are available from the agency] Statutory/Other Authority: ORS 776 Statutes/Other Implemented: ORS 776.540 History: BMP 4-2018, renumbered from 856-010-0019, filed 04/25/2018, effective 04/25/2018 MP 1-1996, f. & cert. ef. 5-9-96 MP 3-1988, f. & cert. ef. 11-9-88 MP 1-1984, f. & ef. 4-5-84 MP 3-1983, f. & ef. 12-15-83 MP 1-1983(Temp), f. & ef. 10-5-83