reglab/statecodes huggingface dataset:
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXIX - Registered Dietitians/Nutritionists › Chapter 1 - Dietitians/Nutritionists › Section LXIX-123 - Fees (Formerly section 119)

Current through Register Vol. 50, No. 6, June 20, 2024
A. In
				accordance with the provisions of the Act, the following fees, where
				applicable, are payable to the board. All fees are nonrefundable.
Application for LDN-
$145
Application for Provisional LDN-
$95
Application for Reinstatement-
$150
Duplicate Licensure Certificate-
$25
Renewal of Licensure-
$80
Renewal of Licensure-Delinquent-
$160
Renewal of Licensure-Inactive-
$45
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:3081-3093;
				  R.S.
				  36:259(Q).
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXIX - Registered Dietitians/Nutritionists › Chapter 3 - Board Members › Section LXIX-301 - Board Members

Current through Register Vol. 50, No. 6, June 20, 2024
A. Officers.
				The board shall elect annually at the last meeting of the calendar year, a
				chairman, vice-chairman, and secretary/treasurer whose responsibilities are
				included in the policy manual.
B.
				Meetings
1. The board shall schedule meetings
				for the following calendar year at the last meeting of the current
				year.
2. A schedule of meeting
				dates shall be published on the boards website.
3. Any board member who misses two board
				meetings, barring extenuating circumstances approved by the board, during the
				course of one calendar year shall resign from the board.
4. Special travel requests, other than
				regular monthly meetings, must be approved by the board.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXIX - Registered Dietitians/Nutritionists › Chapter 5 - Procedural Rules › Section LXIX-501 - Authority

Current through Register Vol. 50, No. 6, June 20, 2024
A. Consistent with
				the legislative purpose enumerated in
				R.S.
				37:3081-3094, and to further protect the safety
				and welfare of the public of this state against unauthorized, unqualified and
				improper practice of dietetics and nutrition, the following rules of procedure
				are established under this board's specific rulemaking authority of
				R.S.
				37:3085 and
				R.S.
				49:952 et seq.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:3081-3093;
				  R.S.
				  36:259(Q).
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXIX - Registered Dietitians/Nutritionists › Chapter 5 - Procedural Rules › Section LXIX-505 - Conduct of Hearing

Current through Register Vol. 50, No. 6, June 20, 2024
A. The board
				shall be authorized to conduct two types of hearings: compliance hearings and
				formal disciplinary hearings.
1. Compliance
				Hearing
a. The board will provide a
				compliance hearing to an applicant for licensure whose application was rejected
				by the board provided that the request for such compliance hearing is submitted
				to the board in writing within 30 days after the applicant receives the notice
				of rejection. In the request for the compliance hearing, the applicant shall
				state the specific reasons for his or her opposition to the board's application
				rejection. Absent exceptional circumstances, as determined by the board, the
				compliance hearing shall be conducted within 90 days following the board's
				receipt of the hearing request. This time limitation applies to rejected
				applicants, as well as licensees with lapsed licenses.
b. A licensee, whose license is deemed
				expired because of a failure to timely renew, under
				R.S.
				37:3088, shall be entitled to a compliance
				hearing, provided the licensee requests same in writing, within ten days after
				the receipt of the notice of the expired license; or in the event the licensee
				did not receive notice of the expired license within 30 days of the date upon
				which the license would have expired by operation of law.
c. The purpose and intent of the compliance
				hearing is to provide a forum for the applicant or licensee to present
				documentary evidence in the form of affidavits, court records, official
				records, letters, etc., along with under-oath testimony to establish that they
				do, in fact, meet the lawful requirements for the application or the retention
				of the license. The board shall have the authority to administer oaths, hear
				the testimony and conduct the hearing. No transcript of the hearing is
				required. The applicant or licensee may be represented by counsel, or may
				represent themselves in proper person.
d. In any compliance hearing, the burden
				shall be on the applicant or licensee to establish that they meet the criteria
				for licensure or that his or her license was timely renewed.
e. Within 30 days after the compliance
				hearing, the board will forward its final decision, including findings of fact
				and conclusions of law, by certified mail, to denied applicant or
				licensee.
f. Thereafter, the denied
				applicant or licensee may apply for a rehearing, as provided in
				R.S.
				49:959, subject to further judicial review,
				pursuant to
				R.S.
				49:964, 965.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXX - River Pilots › Subpart 1 - Board of Examiners of Bar Pilots for the Port of New Orleans › Chapter 1 - General Provisions › Section LXX-101 - Authority

Current through Register Vol. 50, No. 6, June 20, 2024
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 requirements for holding examinations for all applicants
				  who have registered with them for the posts of bar pilots.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 34:945.C.1.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXX - River Pilots › Subpart 1 - Board of Examiners of Bar Pilots for the Port of New Orleans › Chapter 1 - General Provisions › Section LXX-102 - Purpose

Current through Register Vol. 50, No. 6, June 20, 2024
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 seq., have the duty to pilot
				  sea-going vessels into and out of the entrances of the Mississippi River and
				  into and out of the entrances of all other waterways connecting the Port of New
				  Orleans with the outside waterways of the Gulf of Mexico.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXX - River Pilots › Subpart 1 - Board of Examiners of Bar Pilots for the Port of New Orleans › Chapter 1 - General Provisions › Section LXX-103 - Definitions

Current through Register Vol. 50, No. 6, June 20, 2024
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 seq.
Application
-the written application
					 supplied by the board of examiners to an applicant who desires to become a bar
					 pilot for the Port of New Orleans.
Bar Pilot
or
Pilot
-a bar
					 pilot for the Port of New Orleans as designated in
					 R.S.
					 34:943.
Board of Examiners
or
Board
-the Board of Examiners of Bar Pilots for the Port of New
					 Orleans, established in
					 R.S.
					 34:942.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 34:945.C.1.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXX - River Pilots › Subpart 1 - Board of Examiners of Bar Pilots for the Port of New Orleans › Chapter 1 - General Provisions › Section LXX-104 - Severability

Current through Register Vol. 50, No. 6, June 20, 2024
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 declared to be severable.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 34:945.C.1.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXX - River Pilots › Subpart 1 - Board of Examiners of Bar Pilots for the Port of New Orleans › Chapter 1 - General Provisions › Section LXX-105 - Effective Date

Current through Register Vol. 50, No. 6, June 20, 2024
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 regulations are adopted by the
				  board of examiners.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 34:945.C.1.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXX - River Pilots › Subpart 1 - Board of Examiners of Bar Pilots for the Port of New Orleans › Chapter 1 - General Provisions › Section LXX-106 - Qualifications of Pilots

Current through Register Vol. 50, No. 6, June 20, 2024
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 River or other entrances into the Gulf of
				  Mexico or other outside waters from the Port of New Orleans;
3. has successfully passed the examination
				  given by the board of examiners, as required by
				  R.S.
				  34:948;
4. owns or has made a binding legal agreement
				  to acquire as owner or part owner of at least one decked pilot boat of not less
				  than 50 tons burden, which is used and employed exclusively as a pilot boat, as
				  required by R.S. 34:930;
5. is a
				  high school graduate or, in lieu thereof, holds a third mate's
				  license;
6. has served at least one
				  year at sea on a sea-going vessel of not less than 1,600 gross tons in the deck
				  department;
7. has successfully
				  passed a physical examination which in the judgment of the board of examiners
				  includes those standards, such as vision, color perception and hearing tests,
				  to perform duties as a bar pilot;
8. is of good moral character; and
9. shall have completed satisfactorily an
				  apprenticeship program which culminates in a cubbing period of not less than
				  nine months duration handling vessels over the routes of the bar pilots under
				  the supervision of not less than 25 licensed state bar pilots.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXX - River Pilots › Subpart 1 - Board of Examiners of Bar Pilots for the Port of New Orleans › Chapter 1 - General Provisions › Section LXX-107 - Minimum Requirements

Current through Register Vol. 50, No. 6, June 20, 2024
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 travel, size, draft, and type
				  of vessel, and the name of the supervising bar pilot. During the period of
				  apprenticeship the applicant shall handle vessels on not less than 650
				  occasions, two-thirds of which shall be at night.
B. The board of examiners will review the
				  number and times of vessels handled, the size, draft, and type of vessels and
				  the conditions under which the applicant has performed the apprenticeship in
				  order to determine if the applicant has had sufficient exposure as to enable
				  the board of examiners to make a determination of the applicant's competence
				  and ability to perform the duties of a bar pilot.
C. The board of examiners shall prescribe the
				  form of the application and required documentary proof of the applicant's
				  eligibility.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 34:945.C.1.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXX - River Pilots › Subpart 1 - Board of Examiners of Bar Pilots for the Port of New Orleans › Chapter 1 - General Provisions › Section LXX-108 - Bond

Current through Register Vol. 50, No. 6, June 20, 2024
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 bond shall be approved by the board of
				  commissioners of the Port of New Orleans.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 34:945.C.1.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXX - River Pilots › Subpart 1 - Board of Examiners of Bar Pilots for the Port of New Orleans › Chapter 1 - General Provisions › Section LXX-109 - Compulsory Retirement

Current through Register Vol. 50, No. 6, June 20, 2024
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.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 34:945.C.1.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXX - River Pilots › Subpart 1 - Board of Examiners of Bar Pilots for the Port of New Orleans › Chapter 3 - Pilots › Subchapter A - General Provisions › Section LXX-301 - Authority

Current through Register Vol. 50, No. 6, June 20, 2024
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 vessels into and out of the entrance of the
					 Mississippi River and into and out of the entrances of all other waterways
					 connecting the Port of New Orleans with outside waters of the Gulf of Mexico,
					 including the entrance of the New Orleans Tidewater Channel at the western
					 shore of the Chandeleur Sound off Point Chicot.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.
						34:945.C.1.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXX - River Pilots › Subpart 1 - Board of Examiners of Bar Pilots for the Port of New Orleans › Chapter 3 - Pilots › Subchapter A - General Provisions › Section LXX-302 - Purpose

Current through Register Vol. 50, No. 6, June 20, 2024
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 general bad conduct of bar
					 pilots;
2. to provide a uniform set
					 of rules and regulations for the proper and safe pilotage of sea-going vessels
					 upon the waterways referred to in §101
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXX - River Pilots › Subpart 1 - Board of Examiners of Bar Pilots for the Port of New Orleans › Chapter 3 - Pilots › Subchapter A - General Provisions › Section LXX-303 - Definitions

Current through Register Vol. 50, No. 6, June 20, 2024
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 seq.
Bar Pilot
or
Pilot
-a
						bar pilot for the Port of New Orleans, as designated in RS. 34:943.
Board of Examiners
or
Board
-the Board of Examiners of Bar Pilots for the Port of New
						Orleans, established in
						R.S.
						34:942.
Services of a Bar Pilot
-any advice or
						assistance with respect to pilotage by the commissioned bar pilot or by his
						authorized representative, including but not limited to advice concerning
						weather, channel conditions, or other navigational conditions.
Waterways
-the entrance into and out of
						the Mississippi River and into and out of the entrances of all other waterways
						connecting the Port of New Orleans with the outside waters of the Gulf of
						Mexico, including the entrance of the New Orleans Tidewater Channel at the
						western shore of the Chandeleur sound off Point Chicot.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.
						34:945.C.1.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXX - River Pilots › Subpart 1 - Board of Examiners of Bar Pilots for the Port of New Orleans › Chapter 3 - Pilots › Subchapter A - General Provisions › Section LXX-304 - Investigations and Enforcement

Current through Register Vol. 50, No. 6, June 20, 2024
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
					 commissioned for the Port of New Orleans while piloting a vessel; or
3. any other event involving a bar pilot
					 commissioned for the Port of New Orleans that, in the discretion of any member
					 of the board, justifies further investigation.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXX - River Pilots › Subpart 1 - Board of Examiners of Bar Pilots for the Port of New Orleans › Chapter 3 - Pilots › Subchapter A - General Provisions › Section LXX-305 - Severability

Current through Register Vol. 50, No. 6, June 20, 2024
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 declared to be severable.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.
						34:945.C.1.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXX - River Pilots › Subpart 1 - Board of Examiners of Bar Pilots for the Port of New Orleans › Chapter 3 - Pilots › Subchapter A - General Provisions › Section LXX-306 - Effective Date

Current through Register Vol. 50, No. 6, June 20, 2024
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 regulations are adopted by the
					 board of examiners.
AUTHORITY NOTE:
						Promulgated in accordance with R. S.
						34:945.C.1.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXX - River Pilots › Subpart 1 - Board of Examiners of Bar Pilots for the Port of New Orleans › Chapter 4 - Standards of Conduct: Proper and Safe Pilotage › Section LXX-402 - Ships Required to Take Pilots

Current through Register Vol. 50, No. 6, June 20, 2024
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 of the United States, shall take a
				  bar pilot when one is offered; and any ship or vessel refusing or failing to
				  take a pilot shall be liable to the pilot thus offering for pilotage.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 34:945.C.1.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXX - River Pilots › Subpart 1 - Board of Examiners of Bar Pilots for the Port of New Orleans › Chapter 4 - Standards of Conduct: Proper and Safe Pilotage › Section LXX-403 - Pilots' Duty of Remain on Board Ship until Crossing Bar

Current through Register Vol. 50, No. 6, June 20, 2024
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.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 34:945.C.1.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXX - River Pilots › Subpart 1 - Board of Examiners of Bar Pilots for the Port of New Orleans › Chapter 4 - Standards of Conduct: Proper and Safe Pilotage › Section LXX-404 - Acting as Pilot without License; Penalty

Current through Register Vol. 50, No. 6, June 20, 2024
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 the pilot boats on the bar pilot stations. Whoever violates the provisions
				  of this Section shall be fined not less than $1,500 nor more than $5,000, or
				  may be imprisoned for not more than six months, or both.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 34:945.C.1.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXX - River Pilots › Subpart 1 - Board of Examiners of Bar Pilots for the Port of New Orleans › Chapter 4 - Standards of Conduct: Proper and Safe Pilotage › Section LXX-405 - Pilot's Duty to Exhibit License

Current through Register Vol. 50, No. 6, June 20, 2024
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 remuneration for any service he may render as
				  pilot.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 34:945.C.1.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXX - River Pilots › Subpart 1 - Board of Examiners of Bar Pilots for the Port of New Orleans › Chapter 4 - Standards of Conduct: Proper and Safe Pilotage › Section LXX-406 - Employing Pilot without Licenses; Liability of Vessel, Master or Owner

Current through Register Vol. 50, No. 6, June 20, 2024
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 to the state of Louisiana the sum of $15,000 with
				  privilege on the vessel, to be recovered before any court of competent
				  jurisdiction. An action for forfeiture under this Section may be brought by the
				  attorney general of Louisiana or by the Associated Branch Pilots of the Port of
				  New Orleans. If the Associated Branch Pilots of the Port of New Orleans obtains
				  a judgment hereunder, the court shall include in its judgment a reasonable
				  attorney's fee.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 34:945.C.1.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXX - River Pilots › Subpart 1 - Board of Examiners of Bar Pilots for the Port of New Orleans › Chapter 4 - Standards of Conduct: Proper and Safe Pilotage › Section LXX-407 - Employing Pilot without a State Commission; Penalties

Current through Register Vol. 50, No. 6, June 20, 2024
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 be
				  subject to a fine of not less than $1,500 nor more than $5,000, or imprisoned
				  for not more than 6 months, or both.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 34:945.C.1.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXX - River Pilots › Subpart 1 - Board of Examiners of Bar Pilots for the Port of New Orleans › Chapter 4 - Standards of Conduct: Proper and Safe Pilotage › Section LXX-408 - Offering of Services

Current through Register Vol. 50, No. 6, June 20, 2024
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 limited to advice concerning weather, channel
				  conditions, and other navigational conditions.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 34:945.C.1.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXX - River Pilots › Subpart 1 - Board of Examiners of Bar Pilots for the Port of New Orleans › Chapter 4 - Standards of Conduct: Proper and Safe Pilotage › Section LXX-409 - Prohibition of Interest of Members of Board of Commissioners of Port of New Orleans, in Pilot Boat or Pilotage

Current through Register Vol. 50, No. 6, June 20, 2024
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.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 34:945.C.1.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXX - River Pilots › Subpart 1 - Board of Examiners of Bar Pilots for the Port of New Orleans › Chapter 4 - Standards of Conduct: Proper and Safe Pilotage › Section LXX-410 - Report by Pilot

Current through Register Vol. 50, No. 6, June 20, 2024
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 shall also complete a written incident report
				  form provided by the board within 24 hours after the incident.
B. The board, with or without complaint made
				  against said pilot, shall investigate the incident.
C. The pilot shall make a complete report to
				  the board within 10 days after the incident. This report may either be an oral
				  or a written report as the board deems necessary.
D. These rules shall apply to any bar pilot
				  engaged in piloting within the operating territory as defined by
				  R.S.
				  34:941 et seq., whether the vessel be subject
				  to compulsory pilotage or elective pilotage.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 34:945.C.1.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXX - River Pilots › Subpart 1 - Board of Examiners of Bar Pilots for the Port of New Orleans › Chapter 4 - Standards of Conduct: Proper and Safe Pilotage › Section LXX-411 - Pilots' Duty to Report

Current through Register Vol. 50, No. 6, June 20, 2024
A. Pilots, when
				  notified, shall report in person to the board at the time and place so
				  designated.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 34:945.C.1.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXX - River Pilots › Subpart 1 - Board of Examiners of Bar Pilots for the Port of New Orleans › Chapter 4 - Standards of Conduct: Proper and Safe Pilotage › Section LXX-412 - Pilots Summoned to Testify

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Any bar pilot summoned to testify before the board shall appear in accordance
				  with such summons and shall make answer under oath to any question put to him,
				  touching any matter connected with the pilot's service or of the pilot grounds
				  over which he is commissioned to pilot.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 34:945.C.1.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXX - River Pilots › Subpart 1 - Board of Examiners of Bar Pilots for the Port of New Orleans › Chapter 5 - Drug and Alcohol Policy › Section LXX-501 - Application

Current through Register Vol. 50, No. 6, June 20, 2024
A. The Board of
				  Examiners of Bar Pilots for the Port of New Orleans, Louisiana (hereinafter
				  "board") adopted the following rules and regulations relating to a drug and
				  alcohol abuse policy applicable to all state licensed bar pilots pursuant to
				  the provisions of
				  R.S.
				  34:941 et seq.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 34:945.C.1.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXX - River Pilots › Subpart 1 - Board of Examiners of Bar Pilots for the Port of New Orleans › Chapter 5 - Drug and Alcohol Policy › Section LXX-502 - Statement of Findings and Purposes

Current through Register Vol. 50, No. 6, June 20, 2024
A. The board of has always had a strong
				  commitment to the safety of the public. In order to carry out its mission, the
				  board has established this policy regarding drug and alcohol abuse. The board's
				  goal will continue to be one of establishing and maintaining a work environment
				  that is free from the effects of alcohol and drug abuse.
B. While the board has no intention of
				  intruding into the private lives of bar pilots, the board does expect bar
				  pilots to report for work in a condition capable of performing their duties.
				  The board recognizes that off-the-job, as well as on-the-job, involvement with
				  alcohol and drugs can have an impact on the work place and on a bar pilot's
				  ability to perform his duties.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 34:945.C.1.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXX - River Pilots › Subpart 1 - Board of Examiners of Bar Pilots for the Port of New Orleans › Chapter 5 - Drug and Alcohol Policy › Section LXX-503 - Bar Pilots' Assistance Program

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  The board recognizes that the Associated Branch Pilots for the Port of New
				  Orleans established a Bar Pilot's Assistance Program (BPAP) to provide help for
				  any bar pilot whose personal alcohol or drug abuse problems may seriously
				  affect his or her ability to function on the job, at home and in
				  society.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 34:945.C.1.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXX - River Pilots › Subpart 1 - Board of Examiners of Bar Pilots for the Port of New Orleans › Chapter 5 - Drug and Alcohol Policy › Section LXX-504 - Definitions

Current through Register Vol. 50, No. 6, June 20, 2024
A. As used in this
				  Chapter:
Alcoholic Beverage
-any fluid, or solid
					 capable of being converted into fluid, suitable for human consumption, which
					 contains ethanol.
Drug
-all controlled dangerous substances
					 as defined in R.S. 40:961.7. and
					 R.S.
					 40:964.
Non-Prescription Medication
-any medication
					 sold or dispensed without a prescription that is not a drug as defined in drug
					 above.
Prescription Medication
-any drug as
					 defined in
					 §504
					 A
Drug
distributed by the authorization of a licensed physician
					 as defined in R.S. 40:961.31.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 34:945.C.1.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXX - River Pilots › Subpart 1 - Board of Examiners of Bar Pilots for the Port of New Orleans › Chapter 5 - Drug and Alcohol Policy › Section LXX-505 - Prohibitions and Requirements of the Policy

Current through Register Vol. 50, No. 6, June 20, 2024
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 with
				  existing board practices, such conditions shall be probable cause for
				  disciplinary action up to and including recommendation for revocation of a bar
				  pilot commission.
B.
1. Off-the-job drug or alcohol abuse use that
				  could adversely affect a bar pilot's job performance or could jeopardize the
				  safety of others shall be proper cause for administrative or disciplinary
				  action up to and including recommendation for revocation of a bar pilot's
				  commission.
2. Bar pilots who are
				  arrested for off-the-job drug or alcohol activity may be considered to be in
				  violation of this policy. In deciding what action to take, the board will take
				  into consideration the nature of the charges, the bar pilot's overall job
				  performance as a pilot, and other factors relative to the impact of the bar
				  pilot's arrest upon the conduct of bar pilotage and the safety threat posed to
				  the public by the specific activity.
3. The abuse of non-prescription medication
				  by a bar pilot also has the potential for interfering with his own safety as
				  well as that of others. A bar pilot shall not abuse non-prescription medication
				  which may impair his or her ability to perform his duties as a bar pilot. Abuse
				  of non-prescription medication by a bar pilot which impairs his or her ability
				  to perform his duty may subject the pilot to administrative or disciplinary
				  action. A bar pilot shall not use non-prescription medication if it impairs his
				  competence as a pilot in the discharge of his duties.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXX - River Pilots › Subpart 1 - Board of Examiners of Bar Pilots for the Port of New Orleans › Chapter 5 - Drug and Alcohol Policy › Section LXX-506 - Drug Testing

Current through Register Vol. 50, No. 6, June 20, 2024
A. Testing. All
				  bar pilots shall be subject to testing for the presence of any drug, as defined
				  in §504
				  A
Drug
, above.
B.
				  Types of Testing
1. All bar pilots shall
				  submit to reasonable scientific testing for drugs when directed by the board.
				  All procedures and activities conducted in connection with such testing shall
				  comply with
				  R.S.
				  49:1001-1015, except that certain terms
				  contained therein are redefined because there is no employer-employee
				  relationship. Section 1001(7) shall read "Pilot"-any person who holds a
				  commission from the Governor of the State of Louisiana as an Associated Branch
				  Pilot for the Port of New Orleans. The word
pilot
shall be
				  used wherever the terms
employee
is used in
				  §1001-1015Section 1001(8) shall read
board
which is the
				  Board of Examiners of Bar Pilots for the Port of New Orleans, Louisiana. The
				  word
board
shall be used whenever the term
employer
is used in §1001-1015
2. A bar pilot shall be required to submit a
				  urine specimen to be tested for the presence of drugs under the following
				  circumstances:
a. prior to recommendation for
				  appointment, as a part of the physical exam required in these rules and
				  regulations;
b. after
				  recommendation, whenever the pilot is required by the board to undergo a
				  physical examination;
c. upon
				  written sworn complaint signed by the complainant in accordance with Chapter 6
				  of the rules and regulations of the board of review of bar pilots for the Port
				  of New Orleans;
d. when the pilot
				  is reasonably suspected of using drugs in violation of this policy;
e. at random at the discretion of the board;
				  and
f. when the pilot is determined
				  to be directly involved in a marine casualty or accident during the course of
				  his activities as a pilot that results in:
i.
				  one or more deaths;
ii. injury to
				  any person which requires professional medical treatment beyond first
				  aid;
iii. damage to property in
				  excess of $100,000; or
iv. actual
				  or constructive loss of any vessel.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXX - River Pilots › Subpart 1 - Board of Examiners of Bar Pilots for the Port of New Orleans › Chapter 5 - Drug and Alcohol Policy › Section LXX-507 - Alcohol Testing

Current through Register Vol. 50, No. 6, June 20, 2024
A. The board of
				  examiners may require a pilot to submit to a blood alcohol test under the
				  following circumstances:
1. upon written
				  complaint signed by the complainant in accordance with Chapter 6 of the rules
				  and regulations of the board of review of bar pilots of the Port of New
				  Orleans;
2. when there exists
				  reasonable suspicion that a pilot is performing his duties while under the
				  influence of alcohol; or
3. when
				  the pilot is determined to be directly involved in a marine casualty or
				  accident of the type described in
				  §506.
				  B.2 f
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXX - River Pilots › Subpart 1 - Board of Examiners of Bar Pilots for the Port of New Orleans › Chapter 5 - Drug and Alcohol Policy › Section LXX-508 - Violations of the Policy

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any
				  pilot found to be in violation of this policy may be reprimanded, fined,
				  evaluated, and treated for violations of this policy and have his commission
				  suspended or revoked as provided by
				  R.S.
				  34:945 and 962.
B. Any bar pilot reasonably suspected of
				  bringing on board any vessel, no matter by whom owned, or property owned or
				  leased by the Associated Branch Pilots for the Port of New Orleans, or causing
				  to bring on board a vessel or property owned or leased by the Associated Branch
				  Pilots for the Port of New Orleans, any narcotic or any other controlled
				  dangerous substance made illegal by the laws of the United States or the state
				  of Louisiana will be subject to disciplinary action either by the board or,
				  upon recommendation of the board, by the governor of the state of
				  Louisiana.
C. A pilot shall be
				  suspended from performing the duties of a pilot pending a hearing pursuant to
				  R.S.
				  34:945 and 962 if:
1. he tests positive for any drug covered by
				  §504.
				  A
Drug
;
2. he uses any drug in violation of
				  §505
				  C;
3. he refuses to submit to
				  reasonable scientific testing for drugs, fails to cooperate fully with the
				  testing procedures, or intentionally tries to alter the test results;
4. he tests positive for alcohol;
				  or
5. he refuses to submit to a
				  blood alcohol test, fails to cooperate fully with the testing procedure, or
				  intentionally tries to alter the test results.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXX - River Pilots › Subpart 1 - Board of Examiners of Bar Pilots for the Port of New Orleans › Chapter 5 - Drug and Alcohol Policy › Section LXX-509 - Test Results

Current through Register Vol. 50, No. 6, June 20, 2024
A. All drug
				  test results shall be reviewed by a medical review officer in accordance with
				  R.S.
				  49:1007.
B. Any pilot, confirmed positive, upon his
				  written request, shall have the right of access, within seven working days of
				  actual notice to him of his test results, to records relating to his drug tests
				  and any records relating to the results of any relevant certification, review,
				  or suspension/revocation-of-certification proceedings.
C. The results of the drug testing conducted
				  pursuant to this policy and all information, interviews, reports, statements
				  and memoranda relating to the drug testing shall, in accordance with
				  R.S.
				  49:1012, shall be confidential and disclosed
				  only to the board of examiners and the pilot tested, except that:
1. the board of examiners may report the
				  results to the governor, the president of the Associated Branch Pilots for the
				  Port of New Orleans, the United States Coast Guard; and
2. in the event that the board of examiners
				  determines that a hearing is required pursuant to
				  R.S.
				  34:947 or 962, there shall be no requirement
				  of confidentiality in connection with such hearing.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXX - River Pilots › Subpart 1 - Board of Examiners of Bar Pilots for the Port of New Orleans › Chapter 6 - Administrative Policy › Section LXX-601 - Application

Current through Register Vol. 50, No. 6, June 20, 2024
A. The purpose of
				  this Section is to ensure compliance by the board of examiners of bar pilots
				  for the Port of New Orleans with the provisions of the Louisiana Public Meeting
				  Law and the records maintenance requirements of the provisions of
				  R.S.
				  49:950 et seq.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 34:945.C.1.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXX - River Pilots › Subpart 1 - Board of Examiners of Bar Pilots for the Port of New Orleans › Chapter 6 - Administrative Policy › Section LXX-602 - Meetings of Examiners

Current through Register Vol. 50, No. 6, June 20, 2024
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.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 34:945.C.1.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXX - River Pilots › Subpart 1 - Board of Examiners of Bar Pilots for the Port of New Orleans › Chapter 6 - Administrative Policy › Section LXX-603 - Record Keeping

Current through Register Vol. 50, No. 6, June 20, 2024
A. The board of
				  examiners shall maintain records and conduct its hearings in accordance with
				  R.S.
				  49:950 et seq.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 34:945.C.1.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXX - River Pilots › Subpart 2 - Board of River Port Pilot Commissioners › Chapter 31 - General Provisions › Section LXX-3101 - Mission Statement

Current through Register Vol. 50, No. 6, June 20, 2024
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 Mississippi River is essential to the
				  prosperity of the nation and the state of Louisiana.
B. State pilots are the only maritime
				  professionals whose exclusive duty is to protect the interests of Louisiana and
				  its citizens. Pilots must manage and mitigate risk to enhance commerce and
				  prosperity. Pilots must balance the commercial interests with safety and the
				  interests of the citizens and property in the state to develop and encourage
				  commerce.
C. Acknowledging that
				  economic interests, environmental interests, and social policy are often in
				  conflict, the board and the pilots collaborate with public interests,
				  professional mariners, and users of the Mississippi River to balance these
				  conflicting interests. The goal is to promote prosperity and safety while
				  achieving environmental and commercial viability and to continue to develop and
				  encourage such commerce.
AUTHORITY
					 NOTE: Promulgated in accordance with
					 R.S.
					 34:991(B)(3).