reglab/statecodes huggingface dataset:
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXX - River Pilots › Subpart 3 - Board of Examiners for the New Orleans and Baton Rouge Steamship Pilots › Chapter 65 - Drug and Alcohol Policy › Section LXX-6510 - Confidentiality

Current through Register Vol. 50, No. 6, June 20, 2024
A. The results of
				  all positive drug screens and alcohol tests shall be confidential and shall not
				  be disclosed to any entity or person other than:
1. The Governor of Louisiana;
2. The board of Louisiana River Pilot Review
				  and Oversight;
3. The United States
				  Coast Guard; and
4. In the event
				  that the board determines that a hearing is required pursuant to
				  R.S.
				  34:1042, there shall be no requirement of
				  confidentiality in conducting the hearing.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXX - River Pilots › Subpart 3 - Board of Examiners for the New Orleans and Baton Rouge Steamship Pilots › Chapter 65 - Drug and Alcohol Policy › Section LXX-6511 - Severability

Current through Register Vol. 50, No. 6, June 20, 2024
A. It is understood
				  that any provision and/or requirement herein that is deemed invalid and
				  unenforceable, for any reason whatsoever, may be severed from the whole and
				  that the remaining provisions and/or requirements shall be deemed
				  valid.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 34:1041.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXX - River Pilots › Subpart 3 - Board of Examiners for the New Orleans and Baton Rouge Steamship Pilots › Chapter 65 - Drug and Alcohol Policy › Section LXX-6512 - Applicable Procedures

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any
				  investigation, action or disciplinary proceeding undertaken in conjunction with
				  this policy shall be conducted in accordance with the Louisiana Administrative
				  Procedure Act,
				  R.S.
				  49:950 et seq.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 34:1041.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXX - River Pilots › Subpart 4 - Board of River Port Pilot Commissioners and Examiners › Chapter 91 - Calcasieu River Waterway River Port Pilots › Section LXX-9105 - Rules, Records, Meetings, Association

Current through Register Vol. 50, No. 6, June 20, 2024
A. The board issues these rules and
				  regulations to administer, implement, and enforce
				  R.S.
				  34:1072. The procedure for proposing,
				  amending, repealing, and promulgating a rule or regulation shall be in
				  accordance with the Administration Procedure Act,
				  R.S.
				  49:950 et seq.
B. These rules and regulations include, but
				  are not limited to:
1. establishing procedures
				  for conducting investigations and hearings by the board;
2. requiring procedures governing
				  applications and examination for apprentice pilots' appointments and pilots'
				  commissions;
3. establishing
				  required education, experience, and training of applicants;
4. requiring a mandatory drug and alcohol
				  testing program, to comply with
				  46 CFR 16 and
				  49 CFR 40, Procedures for Transportation Workplace Drug Testing Programs,
				  including random tests, post-incident tests, and tests based upon reasonable
				  cause;
5. requiring a mandatory
				  periodic physical examination and, for reasonable cause, a physical and/or
				  mental examination to determine the fitness of pilots to perform
				  duties;
6. ensuring required
				  integrity, professional competence, and physical standards for apprentices and
				  pilots;
7. clarifying the duties
				  owed by a pilot to the owner(s) of the vessel, agent(s), and the owner(s) of
				  the cargo; and
8. addressing any
				  other matter which the board may deem necessary or appropriate for the
				  administration, implementation, and enforcement of
				  R.S.
				  34:1072.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXX - River Pilots › Subpart 4 - Board of River Port Pilot Commissioners and Examiners › Chapter 91 - Calcasieu River Waterway River Port Pilots › Section LXX-9111 - Pilotage Certification

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Commissioned pilots shall comply with all requirements to maintain current
				  their Louisiana State Commission and such other certifications and continuing
				  educational classes, training, or programs as determined necessary by the
				  board.
B. Commencing January 1,
				  2006, every commissioned pilot in order to maintain a valid pilot's commission
				  must attend 40 hours of continuing professional education classes and programs
				  every five years. In addition each commissioned pilot must attend a continuing
				  ship simulator-training program every five years. Classes, programs, and
				  simulator-training received prior to January 1, 2006 shall not be counted
				  toward this requirement.
C. The
				  professional education classes and programs required by the board include, but
				  are not limited to, the following:
1.
				  electronic ship simulation training;
2. small scale ship simulation
				  training;
3. ARPA training
				  (Automatic Radar Plotting Aid);
4.
				  emergency ship handling training;
5. bridge resource management training for
				  pilots;
6. radar certificate
				  renewal;
7. tractor tug
				  training;
8. portable pilot system
				  lap top computer training;
9. any
				  other class, course or program that the board deems appropriate.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXX - River Pilots › Subpart 4 - Board of River Port Pilot Commissioners and Examiners › Chapter 91 - Calcasieu River Waterway River Port Pilots › Section LXX-9113 - Association of Pilots

Current through Register Vol. 50, No. 6, June 20, 2024
A. River port
				  pilots may form themselves into an association not in conflict with the rules
				  and regulations of the board.
B.
				  The formation of any association, incorporated or non-incorporated, which is
				  for the purpose of providing pilotage service under the law, including but not
				  limited to
				  R.S.
				  34:1075, must be submitted to the board for
				  approval. Such applications must meet all legal requirements, provide for a
				  stable, reliable, efficient, and safe pilotage system, protect the life and
				  property of the region and serve the best interest of the majority of
				  pilots.
C. The board hereby
				  recognizes the fact that the Lake Charles pilots have formed themselves into a
				  legal registered corporation known as the Lake Charles Pilots, Inc., intending
				  to operate in compliance with all state laws and which shall comply with the
				  regulations and directives of the board.
D. No pilot association may impose any
				  custom, rule, by-law or charter provision on the board or its authority.
				  Further, any attempt to exercise any authority over or affecting the board's
				  authority shall be deemed a violation of Chapter 6 of Title 34 of the Louisiana
				  Revised Statutes governing pilotage.
E. Pilots shall not discontinue duties
				  without permission. Except for reasons of health, satisfactory evidence of
				  which shall be furnished to the board when requested, no commissioned pilot or
				  apprentice shall discontinue to act as such nor remove himself/herself, at any
				  time, from a duty status, without first obtaining the permission of the group
				  of pilots with which associated or of some duly authorized official of that
				  group, and no such permitted discontinuance or absence for a period of more
				  than three months shall be valid without additionally obtaining, in advance,
				  the written authorization of the board. Any pilot or apprentice neglecting or
				  refusing to comply with such requirement as to presence and performance of
				  duties may be subject to association-imposed sanction and have, respectively,
				  his/her commission, appointment or apprenticeship, as the case may be, either
				  suspended or revoked by board recommendation, depending on the board's judgment
				  and evaluation of the circumstances.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 34:1072.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXX - River Pilots › Subpart 4 - Board of River Port Pilot Commissioners and Examiners › Chapter 91 - Calcasieu River Waterway River Port Pilots › Section LXX-9115 - Enforcement

Current through Register Vol. 50, No. 6, June 20, 2024
A. In any case,
				  where a vessel under pilotage shall go aground or collide with another vessel
				  or allide with any object or meet with any marine casualty, or be injured or
				  damaged in any way or in the event of a near-miss of any of the above, the
				  board shall cause to be conducted a preliminary investigation into the casualty
				  or the near-miss to determine if there are any violations of the law or board's
				  rules.
B. When probable cause
				  relating to any event set forth in
				  §9115.
				  A involving a pilot is preliminarily
				  determined, the board may conduct or order an investigation.
C. All board investigations shall be
				  conducted in accordance with
				  R.S.
				  49:950 et seq.
D. In any case, where a vessel under pilotage
				  is involved in any event set forth in
				  §9115 A, any
				  pilot providing piloting services relating to such vessel shall report such
				  event as follows:
1. report the casualty to
				  the board by whatever means available to the pilot as soon as practical but not
				  later than 24 hours after the occurrence of such event;
2. be available within 24 hours of such event
				  for interview by the board and furnish complete details of the
				  casualty;
3. make a written report
				  regarding such event to the board as soon as practical but not later than 48
				  hours after such event.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXX - River Pilots › Subpart 4 - Board of River Port Pilot Commissioners and Examiners › Chapter 91 - Calcasieu River Waterway River Port Pilots › Section LXX-9117 - Pilot Charges and Fees

Current through Register Vol. 50, No. 6, June 20, 2024
A. Pilotage
				  charges and rates shall be fixed, without board involvement, in accordance with
				  established procedures of the Board of Louisiana River Pilot Review and
				  Oversight, pursuant to
				  R.S.
				  34:1121 et seq., as may be necessary
				  following disputes.
AUTHORITY NOTE:
					 Promulgated in accordance with R. S. 34:1072.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXX - River Pilots › Subpart 4 - Board of River Port Pilot Commissioners and Examiners › Chapter 91 - Calcasieu River Waterway River Port Pilots › Section LXX-9119 - Vessel Scheduling System (VSS)

Current through Register Vol. 50, No. 6, June 20, 2024
A. The association will act upon all requests
				  for pilot services without delay; provided, they have been notified a minimum
				  of four hours prior to any vessel's expressed intended need of
				  pilot(s).
B. Pilots shall consult
				  and cooperate with the Lake Charles Harbor and Terminal District to assist best
				  operation of the navigable waterway system under the district's
				  jurisdiction.
C. Individuals other
				  than vessel crewmembers may be aboard transiting vessels only at the discretion
				  and approval of the U.S. Customs Service and vessel owners/agents and shall not
				  interfere with pilots' duties and responsibilities.
D. Responses to inquiries voiced to the
				  association or its members from current or prospective Calcasieu River Waterway
				  customers regarding marine services coordination and channel-use priorities
				  shall be coordinated with the Lake Charles Harbor and Terminal District toward
				  developing appropriate responses.
E. Calcasieu River Waterway systemic
				  navigation controls are reserved for federal, state and local authorities.
				  Vessel draft and beam width restrictions deemed necessary by pilots may be
				  imposed only after consulting with, and upon approval of, the Lake Charles
				  Harbor and Terminal District. The U.S. Army Corps of Engineers' (USACE) most
				  current channel surveys and recommendations are generally relied upon in
				  determining if limiting vessel drafts to less than 40 feet may be
				  warranted.
F. The U.S. Coast Guard
				  recognizes and supports state of Louisiana authorized efforts of the Lake
				  Charles Harbor and Terminal District, with local Harbor Safety Committee (HSC)
				  coordination, to safely and efficiently operate the Calcasieu River navigable
				  waterway system. Codification of additional specific Lake Charles Harbor and
				  Terminal District Calcasieu River navigable waterway operating controls at
				  33 CFR
				  165.807 may be appropriate if controls go
				  beyond routine navigation priority determinations.
G. Positive control of Calcasieu River
				  navigation is exercised through vessel traffic scheduling procedures accessible
				  at http://www.lakecharlespilots.com/vtssafety/ or by calling (337) 436-0372
				  when pilotage is required and otherwise through liaison with the Lake Charles
				  Harbor and Terminal District Harbormaster by calling (337) 493-3620 to request
				  priority transit or to address extraordinary navigation evolutions which might
				  be expected to adversely affect other navigation.
H. The board recognizes and supports the
				  appropriateness of these aforementioned navigation controls and scheduling
				  procedures.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 34:1072.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXX - River Pilots › Subpart 4 - Board of River Port Pilot Commissioners and Examiners › Chapter 91 - Calcasieu River Waterway River Port Pilots › Section LXX-9121 - Traffic Guidelines

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Efficient and safe pilotage area traffic movement is dependent upon pilots
				  exercising good professional skill and judgment with respect to visibility,
				  vessel draft, vessel speed, state of tide, wind speed and direction, channel
				  depth, direction and speed of currents, individual vessel maneuvering
				  characteristics, presence of other vessels, and width of channel. Systemic
				  controls may be established and published only after consultation with the Lake
				  Charles Harbor and Terminal District.
B. Meeting and passing situations involving
				  two vessels with combined beams exceeding 50 percent of the available channel
				  width shall be restricted, unless both involved pilots agree that conditions
				  are such that meeting or passing can be accomplished safely.
C. In fog, or any condition that restricts
				  visibility, vessels will not normally be moved until conditions improve to a
				  point where one-mile visibility is available, throughout the route to be
				  transited.
D. All vessels
				  transiting the channel must be ballasted to a condition that keeps the
				  propeller and rudder submerged to a sufficient degree to maintain control of
				  the vessel.
E. Liquefied Natural
				  Gas (LNG) vessels transiting within the pilotage area shall be piloted in
				  accordance with the current U. S. Coast Guard Liquefied Natural Gas (LNG)
				  Vessel Management and Emergency Plan promulgated by the cognizant USCG Captain
				  of the Port. Safety Zones and/or Regulated Navigation Area (RNA) requirements
				  may, from time to time, be established and published at 33 CFR 165.
F. The board recognizes and supports the
				  aforementioned traffic guidelines.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 34:1072.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXX - River Pilots › Subpart 4 - Board of River Port Pilot Commissioners and Examiners › Chapter 91 - Calcasieu River Waterway River Port Pilots › Section LXX-9123 - U.S. Coast Guard Investigations/Proceedings

Current through Register Vol. 50, No. 6, June 20, 2024
A. The association shall provide to the board
				  of commissioners copies of all U.S. Coast Guard investigations, notices, and
				  actions pertaining to pilotage area accidents, marine casualties, complaints,
				  and disciplinary actions including federal suspension and revocation
				  proceedings and civil penalty actions.
B. Pilots are required to keep their
				  respective licenses current and to notify the board of any changes or
				  proceedings concerning all appointments, certifications and licenses, which the
				  respective pilots may hold.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 34:1072.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXX - River Pilots › Subpart 4 - Board of River Port Pilot Commissioners and Examiners › Chapter 91 - Calcasieu River Waterway River Port Pilots › Section LXX-9125 - Appeals

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any person or
				  organization that has any complaint or other grievance with the actions of the
				  board, or of local pilots, shall submit a written complaint to the board which
				  then shall take any action required by statute and/or these rules.
B. Appeals to board-initiated pilot
				  enforcement proceedings action may be submitted to the board for
				  reconsideration.
C. The owners or
				  operators of any vessel adversely affected by a pilot's decision regarding its
				  movement may request the board to review that decision for ensuring compliance
				  with these rules and sound piloting principles and procedures.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 34:1072.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXX - River Pilots › Subpart 4 - Board of River Port Pilot Commissioners and Examiners › Chapter 91 - Calcasieu River Waterway River Port Pilots › Section LXX-9127 - Nepotism/Equal Opportunity Policy

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  The association and board shall not discriminate in applicant selection or
				  examination in favor of individuals related to pilots or to governing
				  authorities by blood or marriage, or based on race, color, religion, sex,
				  national origin, age, disability, political affiliation or belief.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 34:1072.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXX - River Pilots › Subpart 4 - Board of River Port Pilot Commissioners and Examiners › Chapter 91 - Calcasieu River Waterway River Port Pilots › Section LXX-9129 - Ethics

Current through Register Vol. 50, No. 6, June 20, 2024
A. All pilots and
				  board members shall comply with the Louisiana Code of Governmental Ethics
				  Chapter 15 of Title 42 of the Louisiana Revised Statutes.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 34:1072.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXX - River Pilots › Subpart 4 - Board of River Port Pilot Commissioners and Examiners › Chapter 91 - Calcasieu River Waterway River Port Pilots › Section LXX-9131 - Severability

Current through Register Vol. 50, No. 6, June 20, 2024
A. It is understood
				  that any provision and/or requirement herein that is deemed invalid and
				  unenforceable for any reason whatsoever, that it may be severed from the whole
				  and that the remaining provisions and/or requirements shall be deemed
				  valid.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 34:1072.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXX - River Pilots › Subpart 5 - Louisiana Pilotage Fee Commission › Chapter 121 - General Rules › Section LXX-12101 - Definitions

Current through Register Vol. 50, No. 6, June 20, 2024
Administrator
- the Administrator of the
					 Louisiana Pilotage Fee Commission.
Chairman
- the Chairman of the Louisiana
					 Pilotage Fee Commission.
Commission
- the Louisiana Pilotage Fee
					 Commission.
Hearing Panel
- a panel of at least three
					 Commissioners selected by the Chairman to administer a proceeding before the
					 Commission. A Hearing Panel shall consist of an odd number of Commissioners,
					 including at least one at-large Commissioner who shall serve as the Presiding
					 Commissioner of the proceeding and equal numbers of Pilot and Industry
					 Commissioners.
Presiding Commissioner
- the Chairman of
					 the Commission or an at-large Commissioner appointed by the Chairman to serve
					 on a Hearing Panel.
Request for Action
- a filing with the
					 Commission to review, modify, increase or decrease pilotage fees.
Statute
- any provision of the Louisiana
					 Revised Statutes, as amended.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 49:967 and Pilotage Fee Commission Rule 60.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXX - River Pilots › Subpart 5 - Louisiana Pilotage Fee Commission › Chapter 121 - General Rules › Section LXX-12102 - Object of Rules

Current through Register Vol. 50, No. 6, June 20, 2024
A. The purpose of
				  these Rules, adopted pursuant to Louisiana Revised Statute 34:1125(A), is to
				  provide for a simple, orderly, and efficient system of practices and procedures
				  to establish pilotage fees before the Pilotage Fee Commission to the end that
				  justice may be served, the public interest and welfare may be protected, and
				  the determination of pilotage fees by the Pilotage Fee Commission may not be
				  unduly delayed. These Rules shall be liberally construed, with a view towards
				  the purpose for which they were adopted.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 49:967 and Pilotage Fee Commission Rule 60.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXX - River Pilots › Subpart 5 - Louisiana Pilotage Fee Commission › Chapter 121 - General Rules › Section LXX-12103 - Scope of Rules

Current through Register Vol. 50, No. 6, June 20, 2024
A. These Rules
				  shall govern the general procedure for the institution, conduct, and
				  determination of all proceedings before the Pilotage Fee Commission. Except as
				  otherwise provided by Louisiana Revised Statutes 34:1121, et seq., and these
				  Rules including Rule 10, the Commission adopts and incorporates the Louisiana
				  Open Meeting Law, La. R.S. 43:4.1-12, et seq. and the Louisiana Public Records
				  Act, La. R.S. 44:1-44 into its Rules of
				  Practice and Procedure.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 49:967 and Pilotage Fee Commission Rule 60.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXX - River Pilots › Subpart 5 - Louisiana Pilotage Fee Commission › Chapter 121 - General Rules › Section LXX-12104 - Election, Term of Office, Removal of Officers; Composition of Staff; Special Appointment Powers of the Chairman; Authority to Retain Hearing Master by the Chairman

Current through Register Vol. 50, No. 6, June 20, 2024
A. The officers
				  of the Commission shall be a chairman, vice-chairman, and secretary who shall
				  be elected from among the at-large members of the Commission.
1. Officers of the Commission shall be
				  elected by no less than six votes of the members of the Commission.
2. An election of officers of the Commission
				  shall be conducted at the first regular meeting of the Commission that is held
				  after the Governor of the State of Louisiana has made formal appointment of
				  at-large members, beginning with the 2011-2015 term of office. The
				  Administrator of the Commission shall provide members with formal notice of the
				  election at least 30 days in advance of the regular meeting during which the
				  elections are to be held.
3. A
				  candidate for each office from among the at-large member(s) shall be offered by
				  any member of the Commission, whether in person or by proxy, at the regular
				  meeting during which the election of officers is conducted.
4. The term of office for of the Commission
				  officers shall run concurrently with the term of office of the Governor who
				  appointed them, or until their successors are duly elected.
5. Succession of Officers
a. Upon resignation, removal or retirement of
				  the chairman, the vice-chairman shall assume the office of chairman.
b. Upon resignation, removal, or retirement
				  of, or assumption of the office of chairman by the vice-chairman, the secretary
				  shall assume the office of vice-chairman.
c. An incoming replacement at-large member
				  appointed by the Governor shall serve as secretary. In the event that two or
				  more replacement at-large members are appointed simultaneously, a special
				  election shall be held at the next regular meeting after official appointment
				  to determine the office to be held by each new at-large member.
6. An officer of the Commission
				  may be removed for cause upon motion of any member at a regular or special
				  meeting of the Commission and by majority vote of the Commission, provided that
				  the officer sought to be removed has had the opportunity to speak before the
				  entire membership to address and rebut the grounds asserted in favor of his or
				  her removal from office. Any officer removed by vote of the Commission shall be
				  considered ineligible to serve as officer for the remainder of his or her
				  present term as at-large Commissioner.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXX - River Pilots › Subpart 5 - Louisiana Pilotage Fee Commission › Chapter 121 - General Rules › Section LXX-12105 - Commission Office Location and Hours of Operations

Current through Register Vol. 50, No. 6, June 20, 2024
A. The domicile of the Commission,
				  established pursuant to La.
				  R.S.
				  34:1121.B (11), is East Baton Rouge
				  Parish.
B. The offices of the
				  Commission shall be located at (name of building and street address) in East
				  Baton Rouge Parish until public notice of or change in location within such
				  parish. All meetings of the Commission and its committees will take place in
				  this office unless public notice is given of intent to hold a meeting
				  elsewhere.
C. The offices of the
				  Commission shall be open from 8:00 a.m. until 4:30 p.m., Monday through Friday,
				  except official state holidays.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 49:967 and Pilotage Fee Commission Rule 60.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXX - River Pilots › Subpart 5 - Louisiana Pilotage Fee Commission › Chapter 121 - General Rules › Section LXX-12106 - Administrator; Employment; Duties and Responsibilities

Current through Register Vol. 50, No. 6, June 20, 2024
A. In accordance with La.
				  R.S.
				  34:1122.A(2), the Commission shall employ an
				  Administrator whose compensation shall be fixed by the Commission.
B. The Administrator shall be the chief
				  administrative officer of the Commission. He shall perform his duties,
				  responsibilities and functions under the supervision and control of the
				  Commission. The Administrator shall also direct and be responsible for all
				  management and finance matters of the Commission. In such capacity, he shall be
				  responsible for accounting and budget control, procurement and contract
				  management, data processing, consulting services, property control, personnel
				  management, establishment and oversight of a Commission website and grants
				  management for the Commission, except as otherwise specifically provided in
				  these rules.
C. The Administrator
				  shall also employ, remove, assign, and promote such personnel as is necessary
				  for the efficient administration of the Commission and the performance of its
				  powers, duties, functions, and responsibilities. The Administrator shall
				  exercise all powers and authority granted to him in these rules subject to the
				  overall direction and control of the Commission. The Administrator shall
				  perform such additional duties and functions as are assigned by the
				  Commission.
D. For purposes of the
				  Public Records Law, the Administrator shall be the official custodian of all
				  records of the Commission and all filings with the Commission. The
				  Administrator shall receive and respond to all requests for public records of
				  the Commission.
E. The
				  Administrator shall whenever necessary or appropriate certify copies of
				  official documents in his custody; provide service of decisions,
				  recommendations, orders, subpoenas, proposed rules and notices issued by the
				  Commission, Hearing Panel and Hearing Master, and perform other duties as may
				  be assigned by the Commission.
F.
				  The Administrator shall assess the cost of all hearings and expenses incurred
				  by the Commission in a proceeding equally on the pilot association and the
				  shipping industry to which it relates in accordance with the procedures
				  established by the Commission.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 49:967 and Pilotage Fee Commission Rule 60.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXX - River Pilots › Subpart 5 - Louisiana Pilotage Fee Commission › Chapter 121 - General Rules › Section LXX-12107 - Hearing Master Selection Process

Current through Register Vol. 50, No. 6, June 20, 2024
A. The Commission may assign contested
				  dockets or such other matter as it deems appropriate to a Hearing
				  Master.
B. A Hearing Master shall
				  satisfy the following qualifications:
1.
				  licensed to practice law in the state of Louisiana;
2. a member in good standing of the Louisiana
				  State Bar Association;
3. no
				  previous or current representation of any entity with respect to pilotage fee
				  issues;
4. no relationships or
				  interests likely to affect impartiality or create an appearance of partiality
				  and commitment to disclose such should they arise; and
5. a retired judge who previously served at
				  the district, appellate or supreme court level and included in a list of
				  retired judges available to serve and supplied by the Louisiana Supreme Court
				  (
Retired Judges List
).
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXX - River Pilots › Subpart 5 - Louisiana Pilotage Fee Commission › Chapter 121 - General Rules › Section LXX-12108 - Ex Parte Communications

Current through Register Vol. 50, No. 6, June 20, 2024
A. An
				  at-large member of the Commission shall not have any ex parte communication
				  with any member of any pilot association or with any member of the nominating
				  industry groups or any other person or entity that has an interest in any issue
				  pending or that may come before the Commission with respect to such issues
				  except for educational purposes.
B.
				  The general policy of the Commission will be to hold public hearings at which
				  all facts pertaining to pilots, shippers, vessels, agents and related
				  interested parties may be adduced for benefit of the entire Commission so as to
				  minimize the need for ex parte educational presentations.
1. If an ex parte educational presentation is
				  made:
a. adequate notice and opportunity to
				  attend shall be afforded to both pilot association and industry Commission
				  members;
b. adequate notice shall
				  be provided to the non-presenting interest group and/or parties, which shall be
				  afforded an opportunity to attend and make an educational presentation on the
				  same topic at a later date;
c. only
				  five or fewer Commission members may be present.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXX - River Pilots › Subpart 5 - Louisiana Pilotage Fee Commission › Chapter 121 - General Rules › Section LXX-12109 - Public Records; Copies Available to Public

Current through Register Vol. 50, No. 6, June 20, 2024
A. All records of the Commission, except as
				  provided in these Rules, including Rule 10, whether received or generated in
				  the discharge of any of its functions shall be public records which shall be
				  available to members of the public upon compliance with the provisions of the
				  Public Records Law, La.
				  R.S.
				  44:1, et seq.
B. Copies of any public records of the
				  Commission may be purchased from the Administrator.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 49:967 and Pilotage Fee Commission Rule 60.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXX - River Pilots › Subpart 5 - Louisiana Pilotage Fee Commission › Chapter 121 - General Rules › Section LXX-12110 - Public Records; Exception for Confidential, Trade Secret and Proprietary Matters

Current through Register Vol. 50, No. 6, June 20, 2024
A. A pilot
				  association, a member of industry, or any other person with a substantial
				  interest submitting documents to the Commission, including the submission of
				  relevant records of entities or persons not party to a proceeding, may request
				  that the Commission maintain such documents as confidential information and
				  exempt from public disclosure, upon a showing that they contain trade secrets
				  or proprietary or confidential information. Records found by the Commission to
				  be trade secret, proprietary or confidential shall be kept confidential and
				  exempt from public disclosure.
B.
				  Each request for confidentiality must allege that the document contains
				  confidential or proprietary matters or trade secrets and shall include all of
				  the following:
1. a statement as to whether
				  the request for confidentiality is based upon confidential, proprietary or
				  trade secret information;
2. a list
				  or an index identifying each separate record or category of records and stating
				  the legal authority under which each separate record should be determined to
				  require confidentiality;
3. a
				  statement of the measures taken by the requester to guard against undesired
				  disclosure to others of each record or document;
4. a statement of the extent to which the
				  document or record has been disclosed to others and the precautions against
				  further disclosure taken in connection therewith;
5. a certification that the requester has
				  personal knowledge of the pertinent facts and that all representations of facts
				  are true and correct to the best of the requester's knowledge.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXX - River Pilots › Subpart 5 - Louisiana Pilotage Fee Commission › Chapter 121 - General Rules › Section LXX-12111 - Assessment of Fees to Fund Administrative and Operational Costs

Current through Register Vol. 50, No. 6, June 20, 2024
A. The ordinary and
				  necessary operating and administrative expenses of pilotage included in
				  pilotage fees and rates as provided by La. R.S. 1122(B)(1) shall include the
				  reasonable administration and operational costs of the Commission
				  (
Commission Operational Costs
).
B. For purposes of administrative ease, the
				  Commission Operational Costs shall be recovered through a surcharge imposed on
				  each vessel entering and departing from the Mississippi or Calcasieu Rivers and
				  included in the tariffs of the Associated Branch Pilots for the Port of New
				  Orleans (the
Bar Pilots
) and the Associated Branch Pilots for
				  the Port of Lake Charles (
Lake Charles Pilots
). The Bar Pilots
				  and the Lake Charles Pilots shall collect the surcharge through a line-item
				  charge included on invoices, shall remit all surcharge collections monthly to
				  the Commission with a collections report and shall be subject to annual audit
				  and adjustment.
C. The surcharge
				  shall be imposed and adjusted annually through proceedings before the
				  Commission with full rights of participation by all parties in interest and
				  shall be based on the number of vessels projected to enter the Mississippi and
				  Calcasieu Rivers and on the budgeted Commission Operational Costs for the
				  year.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 49:967 and Pilotage Fee Commission Rule 60.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXX - River Pilots › Subpart 5 - Louisiana Pilotage Fee Commission › Chapter 121 - General Rules › Section LXX-12112 - Sessions of the Pilotage Fee Commission

Current through Register Vol. 50, No. 6, June 20, 2024
A. The Chairman shall call regular meetings
				  of the Commission. At least one regular meeting of the Commission shall be
				  called by the Chairman every quarter, at such times and places as the
				  Commission shall designate for the purposes of public hearing, consideration of
				  and rulings on Requests for Action, motions and other filings, and transacting
				  all other necessary business.
B.
				  Special meetings may be held as allowed by La.
				  R.S.
				  34:1125(C).
C. The agenda for Commission meetings shall
				  be posted at the Commission and on the Commission website not less than 5 days
				  prior to the meeting or hearing date. Supplements and/or modifications to the
				  agenda shall be posted not later than twenty-four (24) hours prior to the start
				  of a Commission meeting.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 49:967 and Pilotage Fee Commission Rule 60.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXX - River Pilots › Subpart 5 - Louisiana Pilotage Fee Commission › Chapter 121 - General Rules › Section LXX-12113 - Transcripts of Proceedings Before the Commission

Current through Register Vol. 50, No. 6, June 20, 2024
A. The Administrator shall designate an
				  official reporter to tape and make available for transcription a taped,
				  verbatim record of each Commission meeting. Interested parties can obtain tapes
				  or transcripts upon request and payment of the costs of production or
				  transcription. The tapes and any transcripts produced shall be part of the
				  official public records of the Commission.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 49:967 and Pilotage Fee Commission Rule 60.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXX - River Pilots › Subpart 5 - Louisiana Pilotage Fee Commission › Chapter 121 - General Rules › Section LXX-12114 - Conduct and Decorum

Current through Register Vol. 50, No. 6, June 20, 2024
A. Conduct.
				  Every party, witness, attorney or other representative shall comport himself in
				  all proceedings with proper dignity, courtesy and respect for the Commission,
				  the Hearing Panel, the Hearing Master, and all other parties. Disorderly
				  conduct will not be tolerated. Attorneys and other representatives of parties
				  shall observe and practice the standards of ethical and professional behavior
				  prescribed for attorneys at law by the Louisiana State Bar Association. Any
				  party, witness, attorney or other representative may be excluded by the
				  Commission, the Hearing Panel or Hearing Master from any meeting or hearing for
				  such period and upon such conditions as are just for violation of this rule, or
				  may be subject to such other just, reasonable, and lawful disciplinary action
				  as the Commission may prescribe.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 49:967 and Pilotage Fee Commission Rule 60.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXX - River Pilots › Subpart 5 - Louisiana Pilotage Fee Commission › Chapter 121 - General Rules › Section LXX-12115 - Computation of Time

Current through Register Vol. 50, No. 6, June 20, 2024
A. Computing
				  Time. In computing any period of time prescribed or allowed by these rules, by
				  order of the Commission, Hearing Panel or Hearing Master, or by any applicable
				  statute, the day on which the designated period of time begins to run shall not
				  be included. Furthermore, a designated time period shall not be deemed to
				  expire on a Saturday, Sunday or legal holiday, but rather shall expire on the
				  next day which is not a Saturday, Sunday nor a legal holiday.
B. Extensions. Unless otherwise provided, the
				  time for filing any pleading, may, but shall not necessarily, be extended by
				  order of the Chairman, Hearing Panel or Hearing Master, upon written motion
				  duly filed with the Administrator prior to the expiration of the applicable
				  period of time for the filing of the same, showing that there is good cause for
				  such extension of time and that the need therefore is not caused by the
				  neglect, indifference or lack of diligence of the party making such
				  motion.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 49:967 and Pilotage Fee Commission Rule 60.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXX - River Pilots › Subpart 5 - Louisiana Pilotage Fee Commission › Chapter 122 - Parties › Section LXX-12201 - Classification of Parties

Current through Register Vol. 50, No. 6, June 20, 2024
A. Parties
				  to proceedings before the Pilotage Fee Commission are applicants, petitioners,
				  respondents and intervenors. Regardless of errors in their designation of
				  themselves in their pleadings, the Commission may align parties in accordance
				  with their interest in the proceedings.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 49:967 and Pilotage Fee Commission Rule 60.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXX - River Pilots › Subpart 5 - Louisiana Pilotage Fee Commission › Chapter 122 - Parties › Section LXX-12202 - Parties in Interest

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any party
				  with a substantial interest in a proceeding before the Commission may
				  participate provided that notice of intervention, protest or support is filed
				  with the Commission within 25 days or such other reasonable period of time
				  directed by the Commission (but not less than 10 business days) following
				  published notice of the filing in the official journal of the state as provided
				  for in Rule 27.
1. All appearances shall be
				  subject to a motion to strike upon a showing that the party has no substantial
				  interest in the matter.
2. A
				  decision by the Commission to strike a party is a final decision as to that
				  party and the decision is appealable.
3. Unless otherwise provided by law, any
				  public official, agency or department of the State of Louisiana or any of its
				  political subdivisions and every civic or trade organization shall be permitted
				  to appear in any proceeding whether as a formal intervenor or otherwise, and
				  present any relevant and proper testimony and present any evidence bearing upon
				  the issues involved in the particular proceeding.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXX - River Pilots › Subpart 5 - Louisiana Pilotage Fee Commission › Chapter 122 - Parties › Section LXX-12203 - Appearances Before the Commission Personally or by Representative

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any person may
				  appear personally or through an attorney at law authorized to practice law
				  before the highest court of any State. A natural person may appear in his own
				  behalf. A corporation, partnership or association may appear and be represented
				  by any officer, partner, member, full-time employee, or other person if
				  authorized to so appear by the Commission. In all proceedings for the
				  determination, establishment, interpretation or enforcement of tariffs, rates,
				  charges or any classification, rule or regulation appertaining thereto, a party
				  shall appear and be represented by a person who is licensed to practice before
				  the highest court of any state.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 49:967 and Pilotage Fee Commission Rule 60.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXX - River Pilots › Subpart 5 - Louisiana Pilotage Fee Commission › Chapter 123 - Pleadings › Section LXX-12301 - Classification of Pleadings

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Pleadings filed before the Louisiana Pilotage Fee Commission shall be Requests
				  for Action, petitions, notices of intervention, protest or support; answers,
				  motions and responses, and exceptions. Regardless of any error in the
				  designation of a pleading by the pleader, it shall be accorded its true status
				  in the proceeding in which it is filed.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 49:967 and Pilotage Fee Commission Rule 60.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXX - River Pilots › Subpart 5 - Louisiana Pilotage Fee Commission › Chapter 123 - Pleadings › Section LXX-12302 - Form and Content of Pleadings

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Typewritten or Printed. All pleadings filed in any proceeding shall be
				  typewritten. The impression shall be on one side of the paper, and lines shall
				  be double-spaced, except that long quotations, tables or schedules of data,
				  etc., may be single-spaced, and indented. Any papers will be accepted as
				  typewritten if produced by an copying or duplicating process which produces a
				  clear black image on white paper (any attached exhibits may contain color
				  images). The paper shall be unglazed, and the printing shall be in clear
				  type.
B. Size of Papers. All
				  papers, except exhibits, shall not exceed a width of 8-1/2 inches and a length
				  of 11 inches, and shall have inside margins not less than one inch wide.
				  Whenever practical, all exhibits of a documentary character shall conform to
				  said requirements of size and margin.
C. Signature and Address. The original copy
				  of every pleading shall be signed in ink by the party filing the paper, or by
				  the officer, attorney or other representative who appears for such party.
				  Pleadings shall contain the address, telephone number, fax number and email
				  address of the party or representative filing the paper or, if he is
				  represented by an attorney, the name, business address, state bar number, fax
				  number, email address and telephone number of such attorney.
D. Other Requirements. All pleadings shall
				  contain:
1. the name of the party on whose
				  behalf the pleading is filed;
2. a
				  concise statement of the relevant facts relied upon by the pleader;
3. separately numbered paragraphs, when
				  appropriate;
4. when appropriate,
				  each statute, court decision, agency rule or regulation relied upon;
5. a prayer stating the type of relief,
				  action or order desired by the pleader;
6. any other matter required by statute or
				  rule;
7. a certificate of service,
				  when service is required; and
8.
				  where appropriate, the caption or heading should be similar in format to and
				  shall include the following information:
PILOTAGE FEE COMMISSION
STATE OF LOUISIANA
IN THE MATTER OF DOCKET NO.
*
*
*
______________________________________________
(Title of Pleading)